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Workplace harassment in Miami occurs when an employee is degraded or faces offensive treatment from his or her employer, CEO, supervisor/manager, or co-worker based on race, religion, gender, pregnancy, military status, national origin, citizenship status, color, age (over 40), disability, sexual orientation, or gender identity.
This is also known as a hostile work environment and it is illegal. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped victims of workplace harassment, just like you, get the justice they deserve.
Workplace harassment in Miami, also known as a hostile work environment occurs when an employer, CEO, supervisor/manager, or co-worker create a work environment that a reasonable person would feel is unbearable based on race, color, national origin, religion, age (over 40), disability, pregnancy, citizenship, military status, gender, sexual orientation, gender identity, or anything else that may be considered a protected class under Title VII of the Civil Rights Act of 1964. The treatment must be severe and pervasive. Workplace harassment can come in the form of:
In order to prove workplace harassment in the workplace, you need to prove the following three things.
1. The harassment must target a protected class. This means that it must address your race, religion, color, gender, sexual orientation, gender identity, age, disability, pregnancy, citizenship, or military status.
2. The harassment must be severe and pervasive. This means that it must be extremely offensive, so much so that a reasonable person would be highly offended. The general rule id that if it occurs once, that is usually not severe or pervasive. However, if it happens more than once, especially after a complaint has been made, the harassment may be considered severe and pervasive.
3. The harassment must make the workplace unbearable under the reasonable person standard.
Workplace harassment comes in many forms. Some examples of workplace harassment include:
The time limit to file your lawsuit for workplace harassment is based on the laws you wish to use for your claim. If you wish to file a claim based on a Title VII violation, you must file your claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident of workplace harassment. The EEOC will conduct an investigation and if they determine your claim is valid, will issue a Right to Sue letter to allow you to file your lawsuit.
If the claim is related to race discrimination, you can file a claim under 42 U.S. Code §1981, the time limit to file your claim is 4 years from the date of the last incident.
Under Florida law, you can also file a claim with the Florida Commission on Human Relations (FCHR) allows you 365 days to file a claim for workplace harassment. The FCH also maintains a reciprocal agreement with the EEOC in which a claim can be filed through one entity and, in turn, be filed with both entities.
As a victim of workplace harassment, you want relief from the courts for your pain and suffering. The court may offer the following remedies for your complaint:
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It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial
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Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial
Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonial
Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!
The length of time your lawsuit for workplace harassment in Miami will take to settle is directly related to the details of your case and the parties involved.
If your employer is willing to negotiate terms for a fair settlement, your lawsuit may settle within 4 to 6 months.
However, if your employer will not negotiate a settlement, the case may have to go to trial. The process to prepare for trial may take 8 months to a year or longer.
The trial may take an additional few days to several weeks until a judgment is entered.
If you are the victim of workplace harassment, you are likely hurt, confused, and scared. It is difficult you make the move to file a claim against your employer. The decision should not be taken lightly. However, as you make your decision, here are a few things you can do to help prepare for your case in advance.
All employees have a right to work without being harassed because of who they are or their protected class status. If you are a victim of workplace harassment in Miami, the experienced attorneys at the Derek Smith Law Group can help. Contact us today at (305) 946-1884 for a free consultation. We do not collect any money until you win your case.
Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.