An employment dispute in Miami can move through one or more of four places: an internal complaint process, an agency charge, mediation or arbitration, and court. Aaron Resnick, a Miami employment attorney with Law Offices of Aaron Resnick, represents employers, executives and employees in those forums. Aaron knows the law. He knows both sides. And he knows Miami.
For minimum wage, overtime and charge deadlines, start with the firm's page Miami Labor and Employment Lawyer for Employers and Employees.
What Counts as an Employment Dispute?
The common employment disputes in Miami are a termination the employee says broke a contract or a discrimination law, a discrimination or harassment complaint, a retaliation claim, an unpaid wage or overtime claim, and a fight over an employment agreement or a non-compete. The forum and deadline depend on the claim, and one set of facts can raise more than one.
Aaron Resnick sorts the facts into claims before he picks a forum.
Does a Discrimination Claim Have to Start at an Agency?
Often, but not always: for many discrimination claims, the first step is a charge or complaint with the EEOC, the Florida Commission on Human Relations under chapter 760, Florida Statutes, or the Miami-Dade County Commission on Human Rights. The filing windows are 180, 300 or 365 days depending on the law and agency. Some claims can go directly to court.
Aaron Resnick checks which agencies cover the employer and which deadline applies first.
Is an Arbitration Clause in an Employment Agreement Enforced?
Often. Many employment agreements require arbitration instead of a lawsuit, and a valid arbitration agreement can be enforced under the Federal Arbitration Act and chapter 682, Florida Statutes. The clause can determine the forum and procedural rules, so it should be read before anything is filed.
One federal exception matters: a person alleging sexual assault or sexual harassment may choose not to enforce a predispute arbitration agreement for that dispute.
Aaron Resnick reads the arbitration clause, the handbook and any acknowledgment the employee signed before he files or responds.
What Is Mediation in an Employment Dispute?
Mediation uses a neutral to help both sides try to settle; the mediator does not decide the case. EEOC mediation is confidential, and chapter 44, Florida Statutes, protects mediation communications in covered mediations and allows Florida courts to refer civil cases to mediation. Mediation can happen by agreement before a charge, during the agency process or during a lawsuit.
Aaron Resnick prepares the documents and timeline before mediation, whether he represents an employer or an employee.
Which Court Hears an Employment Lawsuit in Miami?
When federal jurisdiction, venue and any required agency steps are satisfied, a federal employment claim arising in Miami can be filed in the U.S. District Court for the Southern District of Florida. A Florida claim filed in Miami Dade County may belong in county or circuit court depending on the claim, the relief requested and the court's jurisdiction.
If the federal court would have original jurisdiction and the removal rules are met, a defendant can remove a case from state court to federal court. Aaron Resnick reads the agreement's forum clause first.
What Should I Send Before a First Meeting About an Employment Dispute?
Send the employment agreement or offer letter, the handbook pages that apply, the complaint, charge or demand letter, any agency notice with its date, pay and time records, and the emails or messages about the event. A short timeline of who said what, and when, helps Aaron Resnick organize the documents and deadlines.
Aaron Resnick's litigation record is on the firm's representative matters page.
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help.
We Don't Make Promises. We Have Results to Prove It.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents employers, executives and employees in Miami Dade, Broward and Palm Beach counties and across Florida in employment agreements, wage claims, discrimination charges and workplace disputes. Call 305-672-7495 or request a consultation.
This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.
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