Miami Employment Law Attorney
Fighting Wrongful Termination & Workplace Violations
Experienced Employment Lawyers Protecting Your Rights in South Florida
Miami Employment Law Attorney
Serving Miami and the surrounding counties.
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“Richard is deeply invested in his community and is a professional of purpose and integrity. As our legal counsel, his strategic approach, proactive communication, and commitment to our organization’s needs and goals have helped us navigate challenges as well as build important partnerships.”
Dejha C.
“I have used Richard’s services multiple times over the past 4 years and he continues to exceed expectations. His attention to detail and excellent communication deliver the quality and peace of mind I look for when hiring legal counsel. If you’re looking for someone that is honest and will deliver on his word, Richard if the person you’re looking for.”
DJ O.
“I go to Richard Guzman because of trust. He was recommended by my dear sister that had the pleasure of working with Mr. Guzman. By having a direct recommendation, I did not doubt that he could ease my worries and that I would be backed by a knowledgeable, trustworthy professional.”
Piero S.
Dedicated Employment Law Advocacy for Miami Workers
Navigating employment disputes can feel overwhelming. Whether you are facing illegal discrimination, working long hours without proper overtime pay, or confronting a hostile work environment, you deserve knowledgeable legal counsel in your corner. At Guzman & Kluck, PLLC, our team serves as your dedicated Miami Employment Law Attorney, helping workers stand up to unfair employer practices across Miami-Dade County and South Florida.
Florida workplaces operate under a complex web of federal, state, and local labor statutes. When searching for an employment law attorney near me, you need a legal team that combines technical knowledge of employment codes with local court experience. We represent professionals, service workers, executive staff, and wage earners across Miami’s key industries – including hospitality, healthcare, construction, aviation, finance, and technology.
Understanding Florida Employment Law & At-Will Employment
Florida is an “at-will” employment state. Under Florida law, an employer can generally terminate an employee at any time, for any reason, or for no reason at all, without advance notice. Similarly, employees are free to leave a job whenever they choose.
However, “at-will” employment is not an absolute license for employers to violate the law. Employers cannot fire, demote, discipline, or harass a worker for reasons that violate statutory protections or public policy.
Key Exceptions to At-Will Employment in Florida:
- Statutory Discrimination: Firing an employee based on protected characteristics protected under federal or state laws.
- Illegal Retaliation: Terminating a worker for reporting unlawful conduct, filing a workers’ compensation claim, or testifying in an official investigation.
- Whistleblower Protections: Firing an employee who refuses to participate in illegal activity or discloses an employer’s legal violation under the Florida Private Whistleblower Act (Fla. Stat. § 448.102).
- Breach of Employment Contract: Violating explicit contractual agreements regarding termination conditions, severance, or employment duration.
Knowing whether your discharge fell under standard at-will guidelines or crossed the line into wrongful termination requires a detailed analysis by a skilled attorney.
Our Employment Law Practice Areas
At Guzman & Kluck, PLLC, we focus on holding employers accountable when they infringe upon your statutory rights. We represent employees across a broad range of workplace disputes:
Workplace Discrimination
Discrimination occurs when an employer takes adverse employment action – such as hiring refusal, termination, demotion, pay cuts, or missed promotions – based on a legally protected status. We handle cases governed by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Florida Civil Rights Act (FCRA).
Protected classes under federal and Florida state law include:
- Race, color, and national origin
- Sex, gender, and pregnancy status
- Religion and religious practices
- Age (protecting individuals 40 and older)
- Physical or mental disability
- Marital status (protected under Florida state law)
We regularly assist clients with filing formal charges with the Equal Employment Opportunity Commission (EEOC) and the Florida Commission on Human Relations (FCHR).
Unpaid Wages & Overtime Claims
Every worker deserves full and fair compensation for their labor. The Fair Labor Standards Act (FLSA) and Florida minimum wage laws establish clear standards for hourly pay, overtime, and wage distribution.
Common wage theft violations we handle include:
- Unpaid Overtime: Failing to pay time-and-a-half (1.5x regular pay) for hours worked beyond 40 in a single workweek.
- Employee Misclassification: Incorrectly labeling hourly employees as “exempt salary staff” or “independent contractors” (1099 workers) to avoid paying overtime and payroll taxes.
- Off-the-Clock Work: Requiring employees to complete tasks, undergo security checks, or monitor emails before clocking in or after clocking out.
- Illegal Tip Pooling: Forcing tipped employees in restaurants or hotels to share tips with non-tipped managers or supervisors.
Wrongful Termination & Retaliation
While losing a job is stressful, losing a job due to illegal employer retaliation is against the law. State and federal statutes prohibit employers from punishing workers who exercise their statutory rights.
You may have a retaliatory firing claim if you were discharged for:
- Requesting medical leave under the Family and Medical Leave Act (FMLA)
- Requesting reasonable accommodations for a disability or religious belief
- Reporting unpaid wages, safety hazards, or illegal accounting practices
- Filing an internal or external complaint regarding sexual harassment or discrimination
Sexual Harassment & Hostile Work Environment
Workplace harassment creates toxic environments that harm an employee’s professional growth and well-being. Sexual harassment remains illegal under both federal Title VII regulations and Florida state statutes.
We handle two primary categories of sexual harassment:
- Quid Pro Quo Harassment: When a manager or supervisor conditions job benefits, promotions, or continued employment on sexual favors.
- Hostile Work Environment: When unwelcome sexual advances, offensive comments, intrusive conduct, or pervasive slurs create an intimidating, hostile, or offensive working environment.
Severance Agreements & Executive Contracts
Before signing a separation agreement, non-compete clause, or severance document, it is critical to have an experienced employment lawyer review the terms. Severance packages almost always require you to waive all future legal claims against your employer.
We help employees:
- Review restrictive covenants, including Non-Compete and Non-Solicitation clauses.
- Negotiate higher severance pay and extended healthcare benefit coverage (COBRA).
- Evaluate Non-Disclosure Agreements (NDAs) and non-disparagement provisions to protect your future career prospects.
Why Choose Guzman & Kluck, PLLC?
When dealing with workplace disputes, having experienced trial attorneys makes a critical difference. Here is why workers across Miami rely on our firm:
- Direct Attorney Access: You work directly with experienced employment attorneys who personally handle your case from initial evaluation through resolution.
- Local Court Knowledge: We regularly litigate in both state circuit courts and federal courts, including the U.S. District Court for the Southern District of Florida.
- Strategic Claim Building: We guide you step-by-step through administrative processes with the EEOC, FCHR, and U.S. Department of Labor before entering litigation.
- Client-Focused Advocacy: We offer flexible fee arrangements, including contingent fee options for qualifying wage and discrimination claims where you pay no attorney’s fees unless we secure a recovery.
Steps to Take If Your Workplace Rights Are Violated
If you suspect your employer has engaged in unlawful behavior, taking proactive steps can help preserve your legal options:
- Document Everything: Keep a detailed record of relevant incidents, dates, times, location details, and names of individuals involved.
- Preserve External Evidence: Save copies of pay stubs, performance reviews, text messages, and written notices to a personal computer or private phone – do not store evidence exclusively on company-owned devices.
- Follow Internal Procedures: Report harassment or wage issues following the grievance process outlined in your company’s employee handbook.
- Avoid Posting on Social Media: Refrain from discussing workplace conflicts or potential legal disputes on social media platforms.
- Consult an Employment Lawyer: Speak with an employment law attorney near me before signing any settlement, resignation, or severance paperwork.
Protect Your Workplace Rights: Contact Us Today
If you believe your employment rights have been violated in South Florida, do not wait to seek legal advice. Strict filing deadlines apply to workplace claims. Contact Guzman & Kluck, PLLC today to schedule a confidential case evaluation with an experienced Miami employment law attorney..
Call (786) 204-3980 or visit our office at 804 NW 21st Terrace, Suite 201, Miami, FL 33127 to schedule your Free Legal Consultation.
What is the deadline to file an employment discrimination claim in Florida?
In Florida, strict administrative deadlines apply. To preserve federal claims under EEOC jurisdiction, you must generally file a Charge of Discrimination within 300 days of the discriminatory act. If filing under the Florida Civil Rights Act with the FCHR, you have up to 360 days. For unpaid wage claims under the FLSA, the statute of limitations is generally 2 years, extending to 3 years if the employer’s violation was willful.
Can my employer fire me for reporting unpaid overtime in Miami?
No. Section 215(a)(3) of the Fair Labor Standards Act (FLSA) makes it illegal for an employer to discharge, demote, or discriminate against any employee because they filed a complaint or participated in a proceeding related to unpaid wages or overtime pay. If your employer retaliates against you, you may be entitled to additional damages, including reinstatement and liquidated damages.
How do I know if I am misclassified as an independent contractor?
Job titles and 1099 forms do not determine contractor status under the law. Courts examine the economic reality of the working relationship, including the degree of control the company exercises over your daily tasks, work schedule, tools provided, and opportunity for profit or loss. If the employer dictates how, when, and where you work, you may legally be an employee entitled to minimum wage, overtime pay, and statutory benefits.
Should I consult a Miami employment law attorney before signing a severance agreement?
Yes. Severance agreements are legally binding contracts that usually include a general release waiving your right to sue the employer for discrimination, wage theft, or wrongful termination. An employment lawyer can review the agreement to ensure the compensation offered is fair, verify that restrictive covenants (such as non-compete clauses) are reasonable, and negotiate better terms on your behalf.
How much does it cost to hire an employment law attorney in Miami?
For many wage claims, overtime disputes, and employment discrimination matters, we handle cases on a contingency fee basis. This means you do not pay upfront legal fees, and attorney’s fees are recovered as a percentage of the financial settlement or verdict obtained. Under statutes like the FLSA and Title VII, prevailing employees may also have their attorney’s fees covered directly by the employer.
Client Reviews
I have only positive words to describe working with him. I will continue trusting our working relationship with a solid base that will support us for the year to come!