Employment Law Questions? Ask an Employment Lawyer.
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While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.
Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.
I need the following information before I can answer your question:
Can you please tell me approximately how many employees your employer has, worldwide?
I also need to know how long you worked for this employer.
The answers to my questions will help me be able to tell you whether or not you can file a discrimination complaint and/or sue, successfully.
I'll look forward to hearing from you,
Jane Doe Deer
I apologize for the delay in responding to you. Apparently there was something wrong with the JustAnswer system, since I didn't see your response until this morning.
Since there are enough employees, you have the right to file a complaint with both the state discrimination agency and the federal one, the Equal Employment Opportunity Commission (EEOC). In most instances, however, you only have 180 days to file. However, there are some exceptions, so you should at least contact the agencies and discuss this with them
In Florida, you can contact the state agency here: http://fchr.state.fl.us/complaints__1
You can contact the EEOC here: http://www.eeoc.gov/ (there's a ton of great information at this website!)
If you start with the state agency, in most states they'll file a complaint with the EEOC on your behalf at the same time.
There are deadlines for filing, so don't delay!
Complaint investigations are free. They're not always the best, XXXXX XXXXX do get a free investigation. If it looks like they are going to file a "no cause" finding, withdraw your complaint before they do. That way, if you go to court, a "no cause" finding can't be used against you.
Before you file a complaint, you may want to talk with an employment discrimination attorney. I don't often say this, but from what you said it sounds like you have a good case if you can prove it.
To find employment discrimination attorneys in Florida, I'd start here: http://www.floridanela.org/
I'd also try: http://www.floridajusticeassociation.org/
Just start with a paid (or if you're lucky, free) consultation. Don't actually HIRE an attorney without first checking references.
It is possible that you may have a case under the FMLA laws. http://www.dol.gov/compliance/laws/comp-fmla.htm
Frankly, I'm more familiar with discrimination laws (such as disability discrimination) than with FMLA - another good reason to consult with a local employment attorney.
Most of my employment history and interest deals with discrimination. If you have any other questions, please write back.
I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.
Bonuses of even a few dollars are much appreciated.
I REALLY appreciate POSITIVE FEEDBACK!
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