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Employment Law
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Cases in employment law are time-sensitive, and there are deadlines that dictate how long you can wait before filing your claim. Therefore, if you feel you have suffered wrongful termination or treatment on the job, it is important that you schedule a consultation with us as soon as possible for an evaluation by an experienced lawyer of your potential legal options for any of the following issues:
- Wage and Hour (overtime and minimum wage)
- Living Wage Violations (county funded construction and service contracts)
- Whistle Blower
- Family Medical Leave Act (FMLA)
- American with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Worker's compensation retaliation
- Civil Rights Violations
- Separation & Severance Negotiations
- Non-Compete Agreements
- Sexual Harassment
- Race Discrimination
- Sex or Sexual Orientation Discrimination
- Age Discrimination
- National Origin Discrimination
We have extensive experience with other workplace legal issues, such as failure to pay wages, claims under the Davis-Bacon Act, negligent supervision, retention and hiring, breach of contract, and employee defamation claims.
The Law Offices of Paul Bennett Sopp, P.A. has represented employees in wage and employer dispute matters for the past decade. We are dedicated to obtaining a full recovery of your hard earned wages and overtime, and dedicated to obtaining your full recovery for any wrongful or discrimatory acts of the employer. Please click on a link to the right of this page to read more on individual types of claims regularly handled by our firm.
Finally, you should not be afraid to report any workplace violation. Most employment laws provide protection for employees from any retaliatory action by their employer in response to a complaint of discrimination or reporting of a violation of law.
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Unpaid Wages & Overtime
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Has your employer withheld tips or commissions you were entitled to? Has your employer failed to pay for all your hours and overtime worked?
Paul Bennett Sopp, Esquire has successfully recovered unpaid wages and overtime for employees over the past decade. With hundreds of exceptions written into the wage and hour laws, you need an attorney that understands the legal distinctions that can result in the full recovery of your hard earned wages.
Overtime Claims are covered by Federal law under the Fair Labor Standards Practice Act ("FLSA"). The FLSA provides that all non-exempt employees must be paid time and one-half for each hour worked over 40 in a single pay period. A successful FLSA claimant is entitled to the recovery of unpaid earned overtime wages, double damages (liquidated damages), reasonable attorney’s fees and costs, and post judgment damages.
It is important that an overtime claimant promptly pursue their claim as the statute of limitation begins to run upon the improper payment of wages. A claimant is not required to currently be employed by the employer to recover unpaid overtime. Nor does the immigration status of a former employee preclude a claimant from the recovery of earned overtime wages.
A few common examples of when overtime claims arise occur when:
The employer misclassifies the employee as a “manager” or “supervisor” but requires the employee to perform the duties of an hourly employee,
The employee is not relieved of all job duties during lunch, yet the employer deducts time for lunch breaks,
The employee is required to travel in their job, but the employer refuses to pay for travel time,
Or, the employer simply threatens to terminate the employee is they complain about overtime.
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Living Wage Violations
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Living wage ordinances vary by county. Each, however, guarantees a higher than minimum wage, or “living wage,” to workers employed in performance of contracts where the county is the beneficiary. Workers have a two year period to bring the claims, and a successful claimant is entitled to recovery of unpaid wages, plus overtime, penalties (up to $500 per week), other penalties and their attorney’s fees and costs.
Employers are not permitted to discriminate or retaliate against an employee seeking recovery of the living wage, and are required to post notice at the job site of the living wage requirements. The basic differences in wages earned and covered job duties in Palm Beach, Broward and Miami are discussed below:
Palm Beach County: In Palm Beach County, the living wage applies to all persons performing certain construction-related services under a contract paid in whole or party with County funds. Covered employees are entitled to be paid at least $9.57 per hour.
Broward County: In Broward County, the living wage applies to all persons employed by any service contractor for a minimum of 20 hours per week that is involved in providing services pursuant to the service contractor's contract with the County. Covered services include Food preparation and/or distribution; Security services; Routine maintenance services, such as custodial, cleaning, refuse removal, repair, refinishing, and recycling; Clerical or other non-supervisory office work, whether temporary or permanent; Transportation and parking services; Printing and reproduction services; and, Landscaping, lawn, and/or agricultural services. Broward’s living wage is not less than $9.57 per hour with health benefits, or $10.82 per hour with health benefits. Broward County permits an employee to be awarded a penalty of $500 a week for each week in which a violation occurred.
Miami - In Miami, the living wage requirements are similar to Broward County. The living wage is slightly higher, no less than $10.58 per hour with health benefits, or not less than $11.83 per hour without health benefits. Like Broward County, Miami also permits an employee to be awarded a penalty of $500 a week for each week in which a violation occurred.
If you believe you worked in connection with a county contract, and received less than the living wage required by that county, contact the Law Office of Paul Bennett Sopp, P.A. for a free consultation. We aggressively pursue these claims to ensure workers receive their hard earned wages and all penalties to which they are entitled.
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Wrongful Termination
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The Law Offices of Paul Bennett Sopp P.A. represent employees throughout South Florida and California in wrongful termination claims, including those based upon discrimination, harassment, retaliation, and objecting to or refusing to participate in an illegal activity.
Numerous federal laws apply to employment nationwide. Some laws affect only employers over a certain size, while others have different restrictions. The following is a quick summary of the major federal employment laws:
- Title VII of the Civil Rights Act of 1964, as amended
- Applies only to employers with 15 or more employees
- Prohibits employers from discriminating based on race, color, religion, sex, national origin or pregnancy.
Florida laws also provide a remedy for employees who are wrongfully terminated. Although Florida is an "at will" state, an employer is prohibited from terminating an employee for specific acts. Such acts include filing a claim for unpaid wages or overtime, or requesting or attempting to request workers compensation benefits.
Successful wrongful termination claimants are entitled to recover lost wages, sometimes double damages, lost opportunities, the cost of seeking new employment, consequential damages, and an award of attorney's fees and costs.
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Americans with Disabilities Act (ADA)
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The Americans with Disabilities Act applies only to employers with 15 or more employees, and defines a disability as a physical or mental impairment that substantially limits one or more major life activities The ADA was enacted to prohibit discrimination against workers with disabilities, and provides that if an individual with a disability can perform the essential functions of the job, with reasonable accommodation, that person cannot be discriminated against on the basis of the disability.
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Age Discrimination in Employment Act (ADEA)
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The ADEA applies only to employers with 20 or more employees, and prohibits employers from taking adverse acts upon individuals who are 40 years old or older. The ADEA prevents employers from giving preferential treatment to younger workers to the exclusion of older workers when it comes to hiring, pay, benefits such as health insurance, job assignments and promotions. It does not, however, prevent an employer from favoring older employees over younger employees.
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Family and Medical Leave Act (FMLA)
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The Family Medical Leave Act provisions of 29 U.S.C. § 2612 guarantees eligible employees a total of twelve weeks of leave in a one-year period when the leave is related to certain circumstances, such as the birth of a child or the presence of a "serious health condition" of the employee or the employee's child, spouse, or parent. The FMLA defines "eligible employee" as "an employee who has been employed - (i) for at least 12 months by the employer with respect to whom leave is requested under section 2612 of this title; and (ii) for at least 1,250 hours of service with such employer during the previous 12-month period. Upon the employee's timely return, the employer must reinstate the employee in his or her previous position or an equivalent position. The FMLA makes it unlawful for an employer to "interfere with, restrain, or deny the exercise of" an employee's FMLA rights. Employers who violate this provision are subject to consequential damages and appropriate equitable relief.
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Discrimination & Retaliation
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All employees have basic rights in the workplace. Those rights include the freedom from illegal discrimination. In addition to federal law, Florida and California have enacted laws to protect the rights of workers. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin or religion during the hiring process.
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Sexual Harassment
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Sexual harassment in the workplace generally occurs in one of two forms, “Quid pro quo” and “Hostile Work Environment.”
“Quid pro quo Harassment” is a form sexual harassment usually involving a request for sexual favors in exchange for continued employment, a promotion, increased pay, or other employment benefits. The victim of this form of harassment may suffer adverse actions including failure to promote, reduction in pay or benefits, demotion or termination as a result of refusing to agree to the sexual advances of the supervisor or co-worker.
“Hostile Work Environment Harassment” is a form of sexual harassment involving severe or pervasive use of unwelcome and offensive language, sexual images, or physical touching that a ordinary person would find to offensive. Not every sexual innuendo, joke or act will rise to the level of legally prohibited sexual harassment. However, a substantial number of inappropriate comments or offensive acts can give rise to a sexual harassment claim. Where the hostile environment is being created by co-workers, as opposed to supervisors or managers, and where no other adverse action has occurred (such as reduction on pay, demotion or termination), the employee may be required to follow the employer's policies by reporting the harassment to the designated manager or Human Resources representative and allowing the employer a reasonable opportunity to investigate the matter and remedy the situation.
At the Law Offices of Paul Bennett Sopp, P.A. we represent employees in all steps of bringing a formal claim against their employer, including if and how to raise concerns about sexual harassment to the employer. In cases where the employer fails to take appropriate remedial action, we assist the employee in filing a Charge of Discrimination with the EEOC and FHCR. After satisfying these administrative requirements, we file a civil action to recover compensation for the damages suffered by our clients as a result of the wrongful sexual harassment.
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Employment and Severance Agreements
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It is not uncommon for an employee separating from their employer to have to proceed under the terms of a severance agreement if requested or if one was agreed to at the time employment commenced. It is generally in your best interest to have the agreement reviewed by an experienced employment law attorney to determine both the rights and obligations of your employer and yourself before continuing employment on your own, or with a different employer. More often than not, a severance agreement will contain a full general release in favor of the employer, meaning that, by signing the agreement, you will be waiving your rights to bring a claim. Signing such an agreement without consulting an attorney could have significant effects on your ability to bring any future claim against your employer and even limit your ability to continue in the same business engaged by your soon to be former employer.
We strongly recommend that employees presented with a severance agreement have a lawyer review the agreement to determine if more favorable terms or compensation can be obtained. We can analyze whether you have any potential claims against the employer and, whether the severance package offered provides adequate compensation. Where potential claims exist, an experienced employment law attorney may be successful in achieving a larger severance than the amount initially offered by the employer.
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Non-Compete Agreements
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Agreements containing non-compete, non-solicitation or confidentiality provisions may be enforced by the employer so long as they are reasonable with regard to time and geographical area and protect a legitimate business interest of the employer as defined by Florida statute.
Although the time period may vary, restrictions of up to two years and covering areas where the employer actually does business are often considered reasonable by a court. When the restrictions in the agreement are found to be unreasonably broad, the court has the authority to modify the agreement so as to impose more reasonable restrictions.
Enforcement of a non-compete often comes down to whether the employer has a legitimate business interest that can be protected, and whether the employee or former employee has used that business interest in such a way as to result in unfair competition. A common example of a legitimate business interest would be a copy of the employer's customer list containing confidential and proprietary information that the former employee now seeks to use to solicited clients or customers. Conversely, Florida courts have been reluctant to enforce non-competes where the employee has not taken and is not using any confidential or proprietary information that would result in unfair competition.
We can negotiate with your former employer, to reach an agreement that will allow both parties to move forward without worrying about any future litigation. If it is not possible to reach a resolution prior to litigation, however, we are dedicated to defending your interests in a non-compete action.
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Whistleblower
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A whistleblower is an employee, former employee, or member of an organization, especially a business or government agency, who reports misconduct to people or entities that have the power and presumed willingness to take corrective action. Whistle blower protection is provided by Federal acts and related statutes that shield employees from retaliation for reporting illegal acts of employers. An employer can't rightfully retaliate in any way, such as discharging, demoting, suspending or harassing the whistle blower. If an employer retaliates anyway, whistle blower protection might entitle the employee to file a charge with a government agency, sue the employer, or both.
Generally the misconduct is a violation of law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations, and corruption. One of the most publicized whistleblowing cases involved Jeffrey Wigand, who exposed the Big Tobacco scandal, revealing that executives of the companies knew that cigarettes were addictive while approving the addition of known carcinogenic ingredients to the cigarettes.
Before blowing the whistle, it is a good idea to seek the advice of an attorney to ensure you are protected by a whistle blower act. If you have blown the whistle and retaliatory conduct has been taken or you believe such conduct is imminent, you should be aware that there are strict time limits on filing a whistleblower claim. Some claims are required to be filed within 30 days of the alleged acts, wile other permit a claim to be made a year or two after.
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Wrongful Death
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At the Law offices of Paul Bennett Sopp, P.A. we understand how devastating the loss of a loved one is, and it is made even worse when the death is caused by the negligence or wrongful actions of another. Florida’s Wrongful Death Act allows a decedent’s personal representative to file a lawsuit on behalf of the surviving family members when the death is caused by the negligence or misconduct of another person or entity. If you are suddenly faced with the loss of a beloved family member, the Law Offices of Paul Bennett Sopp, P.A. will personally meet with you and your family to evaluate your wrongful death claim at no charge and help to ensure that you receive all of the compensation that you deserve for your loss. Under Florida law, family members are entitled to collect compensation for economic and non-economic damages in wrongful death actions. Economic damages include financial costs, such as loss of earning and support, past medical and funeral expenses, lost net accumulations and prospective inheritance. Non-economic damages include pain and suffering, and the loss of consortium, enjoyment of life, guidance, comfort and supervision. Additionally, an interest payment from the date of the victim’s death is also included with an award of damages in wrongful death cases. Punitive damages may be granted in cases where the wrongdoer’s actions are malicious or extremely egregious. Wrongful death cases can be quite complex. To properly file a wrongful death claim in Florida, the personal representative must be appointed to represent the claims of the surviving family members. There are time requirements and other legal procedures governing wrongful death cases that must be followed. If a beloved member of your family has died as a result of an injury caused by another’s negligence or wrongdoing, please contact the Law Offices of Paul Bennett Sopp,P.A. for a free consultation today to begin working towards getting obtaining you the maximum compensation for the pain, suffering, grief and economic hardship resulting from your wrongful death claim.
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Premises Liability
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When someone is injured as a result of an unsafe property condition due to lack of security, building condition or inadequate warnings, they may have a right to make a claim for their damages against the property owner. A landowner owes a duty of care to specific types of individuals, whether that person is an invited guest, granted permission to enter or a trespasser.
If you or a loved one has been injured on the property of another, contact the Law Offices of Paul Bennett Sopp, P.A. for a free consultation to determine your rights and available damages. You may call us at (561) 683-5612, or email at psopp@sopplaw.com. We are dedicated to aggressively litigating your claim to get you the recovery you deserve.
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Slip & Fall Accidents
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The term “Slip and Fall” is used to describe accidents where a person suffers an injury due to sipping, tripping, or falling due to a dangerous condition on the premises of another. Examples of slips and falls happen both inside or outside, and are often contributed to defects on the premises such as bad flooring, poorly lit areas, wet floors, cracks in the sidewalk, or pot holes.
One who suffers a slip and fall is general a victim of another’s negligence. Property owners owe a duty of care to others to see that their property does not cause injury to another. Business owners who leave loose floor mats, rugs or tiles for their customers to slip or trip over expose themselves to liability for the injury of others.
If you or a loved one suffers and injure to a slip or fall, you should try to determine the cause. If you believe it was the negligence of the property owner, call us as immediately the Law Office of Paul Bennett Sopp, P.A. for a free consultation. Waiting too long may result in the statute of limitations running and precluding you from bring a claim for compensation to recover damages for permanent disabilities, doctors bills, loss of wages, and pain and suffering. You will not be responsible for any fees or costs until we make a recovery.
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Dog Bite / Animal Attacks
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The facts regarding dog bite injuries illustrate the frequency and seriousness of these events:
- Every 40 seconds, someone in the United States seeks medical attention for a dog bite related injury.
- It is estimated for every dog bite that is reported, three go unreported.
- As many as one million people in the United States annually require medical treatment for dog bites.
- More than 334,000 victims end up in the emergency room. More than 4.7 million people, or 2% of the U.S. population, are bitten by dogs each year.
- More than half of all the dog bite victims are children.
- National figures estimate that 60% of dog-bite attacks happen in the home, either by the family or a friend's dog.
Dog owners are by and large responsible for the injuries caused by their animal’s dangerous behavior. In dog bite cases, owners are generally liable to the victims for negligence, such as violating leash laws, boarding a dog with a history of injuring others, failing to maintain a safe enclosure or fenced area, or creating a dangerous situation that puts others in harms way.
Florida law holds dog owners strictly liable for all of the injuries and damages that result from a dog bite. If you are a victim of a dog bite you may be able to collect compensation for your injuries, including past and future medical costs, pain and suffering, mental suffering, loss of wages and earning capacity. In most cases, a homeowners insurance policy will cover a dog bite claim. Dog owners are by and large responsible for the injuries caused by their animal’s dangerous behavior. In dog bite cases, owners are generally liable to the victims for negligence, such as violating leash laws, boarding a dog with a history of injuring others, failing to maintain a safe enclosure or fenced area, or creating a dangerous situation that puts others in harms way. While some dog bite injuries are minor, other injuries can be very severe, including lacerations, disfigurement and scarring, rabies, fractures and even death.
Under Florida law, dog owners and owners of wild animals are strictly liable for all of the injuries and damages that result from a dog bite. Damages are recoverable for dog bites to individuals, property, pets or other domestic animals. If you have been the victim of a dog bite, you may be able to collect compensation for your injuries, including past and future medical costs, pain and suffering, psychological damages, loss of wages and earning capacity, dog bite scars, and property damage. In most cases, the insurance companies of dog owners will cover a dog bite claim.
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Car, Truck, Motorcycle & Bicycle Accidents
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It can be very frustrating to deal with insurance companies after an accident occurs. All insurance companies have teams of adjusters, lawyers and investigators on their side to minimize your claim. Insurance companies are always looking out for their own financial interest. However, those injured in motor vehicle accidents in Florida have the right to collect certain damages, including:
- past medical bills
- expected future medical costs
- permanent impairment and disfigurement
- pain and suffering (both past and expected future)
- lost wages (both past and expected future)
- loss of consortium and enjoyment of life
The Law Offices of Paul Bennett Sopp, P.A. have your best interest at heart. We aggressively prosecute your vehicle accident, including speeding, drunk driving, uninsured motorists, negligent drivers, and passenger injuries. Let us look out for your best interest against big insurance companies and get you the compensation you deserve.
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Business Litigation
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We represent a selective clientele of large and small business clients in all kinds of business disputes that do not involve employment related issues. Examples of cases handles at the Law Offices of Paul Bennett Sopp, P.A. include:
- Unfair competition
- Trade secrets
- Breach of contract
- Failure to pay
- Performance disputes
- Partnership and shareholder disputes
- Enforcement of promissory notes
- Business formation documentation and filings
We are also skilled at ensuring your business, partnership or corporation is properly documented in accordance with legal requirements to clearly establish the obligations, limitations and rights of partners and shareholders. If your corporation, small business, or partnership needs a skilled business litigator to handle a business dispute or get the business up and running, contact the Law Offices of Paul Bennett Sopp, P.A. for a consultation.
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Disclaimer
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This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. If you rely solely on this information alone, you do so at your own risk. Each case is fact and law specific. If you believe you or a loved one is the victim of a violation of law, please contact the Law Office of Paul Bennett Sopp, P.A. at (561) 683-5612, for a consultation as to the specific facts and circumstances of your potential claim.
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