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FAQ´S

Not every termination is illegal. Florida and Georgia are generally "at-will" employment states, meaning employers can terminate your employment for many reasons. However, you may have a claim if you were fired because of discrimination, retaliation, disability, pregnancy, whistleblower activity, protected leave, or another protected reason.

Document what is happening — keep a personal record of dates, what was said or done, and who was present. Report the conduct through your employer's internal complaint process if it is safe to do so, and preserve any relevant emails or messages. Most importantly, consult with an employment attorney early. Deadlines for discrimination claims can be strict, and early action can make a significant difference in your case.

Deadlines vary widely. EEOC charges typically must be filed within 180 or 300 days of the discriminatory act, while wage claims and other state claims carry different deadlines. Missing a deadline can permanently bar your claim, so contacting an attorney promptly is critical.

Some discrimination and retaliation claims require administrative filings before proceeding to court. Other claims do not. The answer depends on the specific legal claims involved.

Not necessarily. Workplace harassment becomes legally actionable under certain circumstances, particularly when it is based on a protected characteristic or becomes severe or pervasive enough (think slurs, unwanted touching, persistent offensive jokes) to alter working conditions.

A hostile work environment has a specific legal meaning — it is not simply a difficult or unpleasant workplace. To be actionable, harassment must be based on a protected characteristic such as race, sex, national origin, religion, age, or disability, and must be severe or pervasive enough to alter your working conditions. If you are experiencing ongoing offensive conduct or a serious incident tied to who you are, an employment attorney can help you understand whether you have a claim.

Retaliation is illegal under many employment laws. If you reported discrimination, harassment, safety concerns, unpaid wages, or other protected conduct and were later terminated, disciplined, demoted, or treated differently, you may have a claim.

In both Florida and Georgia, it is unlawful for an employer to retaliate against an employee for filing a workers’ compensation claim. If you were injured at work and later experienced termination, demotion, reduced hours, or other adverse treatment after filing a claim, you may have a retaliation claim worth exploring.

Potentially. If you requested accommodations and were later disciplined, reassigned, demoted, isolated, or terminated, those facts may support claims for disability discrimination, failure to accommodate, or retaliation.

Generally, no. Employers are significantly restricted in when and how they can inquire about a medical condition or disability. Before a job offer, medical questions are prohibited. After hire, medical inquiries must be job-related and consistent with business necessity. If your employer pressured you to disclose a medical condition, used that information against you, or denied a reasonable accommodation, you may have a claim.

The Family and Medical Leave Act (FMLA) entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, including a serious health condition, the birth or adoption of a child, or caring for a family member. To qualify, you generally must have worked for your employer for at least 12 months, logged at least 1,250 hours in the past year, and work at a location with 50 or more employees within 75 miles. Employers cannot interfere with your FMLA rights or retaliate against you for using them.

Not always—but sometimes a PIP can be the beginning of a paper trail leading to termination. If you believe a PIP was issued shortly after requesting accommodations, reporting misconduct, taking leave, or engaging in protected activity, it may be worth consulting with an attorney early.

Possibly. Constructive discharge claims can arise when working conditions become so intolerable that a reasonable employee would feel forced to resign. These cases can be difficult to prove, so speaking with an attorney before resigning is important.

Not before having it reviewed by an attorney. Severance agreements often contain release provisions that waive legal claims. In some cases, severance terms can be negotiated for additional compensation, benefits, references, or other protections.

A non-compete agreement restricts you from working for a competitor or starting a competing business after leaving a job. Florida and Georgia both enforce non-competes that are reasonable in duration, geographic scope, and tied to a legitimate business interest — making both states relatively employer-friendly on this issue. If you are facing a non-compete after leaving a job, have it reviewed by an employment attorney before assuming it prevents you from working in your field.

Wage theft occurs when an employer fails to pay what you are legally owed. Common examples include unpaid overtime, off-the-clock work, minimum wage violations, misclassification as an independent contractor, and unlawful paycheck deductions. Wage theft is more widespread than many employees realize — if something about your pay feels wrong, it is worth having an attorney take a look.

If you worked more than 40 hours in a workweek and were not properly compensated, you may have claims under wage laws. This can include off-the-clock work, misclassification, unpaid preparation time, or other compensation issues.

No. Being paid a salary alone does not determine whether overtime laws apply. Job duties, responsibilities, and exemptions under wage laws matter. Many employees are incorrectly classified.

Not necessarily. Employers sometimes misclassify workers as independent contractors. The law looks at the reality of the relationship—not merely the title used.

MGJustice offers free consultations. In many cases, representation may be available on a contingency basis, meaning the firm only gets paid if you win. Fee structures vary depending on the type of matter.

Yes. MGJustice represents employees throughout Florida and Georgia in workplace matters involving discrimination, retaliation, wrongful termination, disability issues, severance agreements, unpaid wages, whistleblower claims, and related employment disputes.

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