Know Your Rights As An Employee!
January 7, 2020
Horizon West Attorney, JP Navarro Explains Employment Law and Discrimination
“Sound advice is the key to success.”
That’s what JP Navarro of Navarro Acevedo
wants you to know when it comes to your rights as an employee.
JP is a Horizon West resident who specializes in reliable, integrated financial and legal services for individuals and businesses. Not only that, he has a lifelong passion for educating others. He believes that education is the best way to connect with the community. “Understanding your rights is so important”, said Navarro. He has dedicated his career to advocating for and educating people in several key areas that effect all of us at some point or another.
Topics that JP is most passionate about are Equal Pay
and Employee Discrimination. “Most people have no idea what the law is or what their rights are so when their rights have been violated, they don’t know what to do or where to turn for help”, Navarro shared.
We sat down with him to learn more about these topics and how he can help you identify if and when your rights are being violated and what you can do about it.
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HWH:
Thank you for sharing your time with us and the residents of Horizon West! Let’s start by clarifying, what is discrimination?
JP Navarro: Employment discrimination encompasses discrimination based on race, sex, sexual orientation, religion, national origin, age and disability. It may take place in any in every aspect of the employer-employee relationship including discrimination in the hiring process, promotion decisions, type of job or tasks assigned, compensation decisions, harassment and sexual harassment and retaliation.
HWH: Can you explain retaliation?
JP:
For instance, if an employee complains about sexual harassment, racial discrimination or even engages in oppositional activity (opposing racial discrimination against another employee and conveys his or her position) and is terminated for doing so under pretextual reasons or no reason. There are more specific examples of retaliation including being terminated or being the victim of some adverse employment action for whistleblowing covered under certain Laws (for instance, whistleblowing related to violation of securities laws). A relatively common retaliation practice takes place when an employee files a charge with the Equal Employment Opportunity Commission and is then the victim of an adverse employment action (i.e. termination). The key in these cases is that the employee must have engaged in some protected conduct.
HWH:
Isn’t Florida an “at-will” employment state? How does that effect employees’ rights?
JP:
Florida is an at – will employment state; which means that an employer can terminate an employee for any reason whatsoever. Nonetheless, all employees have a right to equal employment opportunities and the right to not be discriminated against. Thus, employers must respect employee rights in the employment setting, including hiring and firing employees.
HWH:
Is Equal Pay something you address often with clients?
JP:
Another major source of employment discrimination is the wage disparity between men and women as well as wage disparity between members of different groups (ie. Hispanics v. White). Individuals have a right to equal pay for equal work; thus, if there is a pay disparity, it is discriminatory if no reason, other than sex, race, etc., explains the gap in pay. For instance, let’s assume that a grocery store employs 30 cashiers, 18 women and 12 men. On average, female cashiers make $10 an hour whereas male cashiers make $13 an hour. If there is no difference in productivity, education, experience, tenure at the Company and/or anything else that explains the gap in pay, then the female cashiers may be victims of equal pay discrimination. That’s where understanding the Equal Pay Act can be pivotal!
HWH:
So there’s a law in place to protect equal pay rights?
JP:
There are many laws that impact employees. Some examples are the Americans with Disabilities Act, Family Medical Leave Act and many others. Understanding the complexities of each law can be overwhelming which is why people don’t often get the help they need.
The solution itself is simple, though: if you feel that you have been discriminated against, seek legal advice. That’s where I come in and advocate for you under the existing laws.
HWH:
How do you get help once you’ve realized your rights have been violated?
JP:
Employment lawyers assist and advise both employees and employers on the federal and state employment laws that have been violated. However, some lawyers focus mostly on helping employees to make sure that all employees are treated in a fair and consistent manner and employers that have not complied with all laws within workplace are subject to liability.
Navarro Acevedo focuses on representing employees before the Equal Employment Opportunity Commission (EEOC), providing guidance on employees' rights to see if their rights have been violated and representing employees in federal or state court. Even though employees are entitled to go through the process by themselves, it is not advised because even the manner in which charges and complaints are drafted have an impact on the ultimate decision that a court or agency will make. The easiest way to get help is to reach out to us for a consultation: 1-833-EEO-LAWS
HWH:
Why did you decide to build your practice in Horizon West?
JP:
My family and I put down roots here and what better way to give back to my own community than with the experience and knowledge I’m grateful to have had the privilege of acquiring throughout my career? If I can advocate for the people in my own community, then that is a true gift indeed!
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To learn more about JP and his services, visit CPANAC.com
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Navarro Acevedo aims to become our clients’ most trusted and objective advisor providing professional and dependable services. Our Public Accounting practice focuses in tax planning, advisory and compliance, business financial planning, financial statement preparation, payroll processing services and bookkeeping. On the other hand, Navarro Acevedo Law Offices focuses in estates, probate, wills and trusts, business law, tax law and employment controversies representing plaintiffs. We also provide dispute consulting services in estate and marital partitions, lost profits and business value quantification.
NAC focuses on helping individuals, small and medium sized businesses, and attorneys deal with the accounting financial, forensic and legal intricacies of business, family, estate and tax matters. Its goal is to provide sound advice in planning, zealous advocacy in lawyering and impartial opinions in financial forensic and dispute consulting endeavors.