Employers in South Florida have a reputation for failing to pay their employees the proper wages owed to them. Mr. Falzon has represented employees in all types of unpaid wages and overtime cases in state and federal court. Whether your case is about minimum wage violations, unpaid wages and overtime, disputed commissions, bonuses or severance pay due to you Mr. Falzon will ensure that you are paid all monies owed to you by your employer.
Many times employers will present employees that they have just fired with a severance agreement for the employee to sign in exchange for a sum of money. These agreements usually come with strings attached. The employee must give up all the employee's claims and legal rights to sue their employer in exchange for the money paid pursuant to that agreement. Employees should not sign a severance agreement without having an attorney review both the agreement and the circumstances surrounding the employee's dismissal. Mr. Falzon will review your agreement, the circumstances of your dismissal and any potential causes of action that you may have against your employer and in many cases may be able to negotiate an enhanced severance payment.
Florida is a right to work state which essentially means that you may be fired for any legal reason or no reason if you are not a member of a union, a public employee or have a written employment agreement. However you may not be fired for a discriminatory reason - your race, color, sex, age, national origin, religion, marital status, the fact that you are pregnant, your sexual orientation or your gender identity. Mr. Falzon is experienced in handling discrimination claims on behalf of employees at the federal, state and local level.
The law forbids sexual harassment and other forms of harassment whether you are being harassed because of an employee's race, sex, sexual orientation or gender identity. Whether your employer is taking action against you because of your refusal to agree to his or her sexual demands or making your work environment intolerable for other illegal reasons Mr. Falzon will represent your interests.
The law has been developing rapidly in the field of LGBT rights. LGBT employees can now seek legal redress for discrimination, harassment and retaliation by their employers based on their sexual orientation or gender identity.
Retaliation and Whistleblower statutes
The law forbids an employer from taking adverse action against you because you complain about your employer's illegal conduct and activities or because you oppose an employer's illegal practices. Nor may an employer retaliate against an employee for making a worker's compensation claim or for complaining about discrimination and harassment.
Family and Medical Leave Act and Disability Discrimination
The law guarantees certain employees the right to take unpaid time off work due to a personal illness or to care for a sick relative. An employer may not interfere with an employee's right to Family and Medical leave and may not retaliate against an employee who asserts their legal rights under the law. Furthermore if an employee has a recognized disability then an employer may not discriminate against the employee and must take affirmative steps to accommodate the employee's disability. A disability can be either physical or mental and is covered by the law irrespective of whether the disability is long term or short term.
Representation of Employers
While Mr. Falzon's employment clients are usually employees, Mr. Falzon does represent small employers from time to time. Employment laws contain many exceptions and exemptions exempting small business owners and Mr. Falzon has been successful in assisting small business owners prevail where they have been sued unjustly. He has also advised small employers which are growing their revenues and employees on setting in place workplace rules and practices that ensure that these employers are fully compliant with all federal, state and local rules governing the workplace.
Civil Litigation and Appeals
Mr. Falzon also handles a variety of other civil disputes whether in the field of general civil litigation (common law disputes in contract and tort) or in probate and guardianship court. Mr. Falzon handles cases from the trial to the appellate
level. Whether you need representation in front of an administrative tribunal, in arbitration proceedings or in state or federal court, Mr. Falzon will handle your case from intake through the presuit process, trial and any necessary appeals.
Many trial lawyers are not comfortable handling appeals but Mr. Falzon has handled appeals in both state and federal appellate courts and is familiar with the rules that apply in an appellate forum. Mr. Falzon may be able to assist you if your
attorney has declined to handle an appeal or if you feel you need different counsel to take a fresh approach on appeal.
Mr. Falzon has studied and practiced law in Europe (England and France) as well as the United States (New York and Florida) and is familiar with both civil and common law jurisdictions.