Employment Attorney

What is employment law?

Employment law is the broad collection of laws and regulations governing how employers treat employees. As an employee, you have legal rights and protections under multiple employment laws at both the federal and state levels.

For example, employment law provides for minimum wage, overtime pay, and recordkeeping standards. It also prohibits workplace discrimination in various forms. And employment law also is meant to prevent harassment and/or a hostile work environment.

What is wrongful termination?

Wrongful termination is when your employer terminates your employment in violation of a federal or state employment law.

For example, employees are legally protected from being fired due to age discrimination, disability discrimination, or whistleblower retaliation ... among many others.

If you believe you’ve experienced wrongful termination, you should consult with an employment attorney about your options to address the situation.

What is the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in many areas of public life, including employment. It also requires that employers provide reasonable accommodation to applicants and employees with disabilities unless the accommodation would be an undue hardship.

What protections do I have as an employee?

As an employee, you have legal rights and protections against being harassed or discriminated against in the workplace due to race, religion, gender, sexual orientation, disability, and age. You are protected from working in an unsafe or hostile work environment. And you are protected from retaliation for reporting illegal workplace conditions or practices.

What is unfair treatment at work?

Unfair treatment at work can range from discrimination to unequal treatment among equal employees. Some common examples of unfair treatment at work include:

• Not receiving equal pay for equal work
• Getting demoted, transferred, or even fired without a fair reason
• Spreading false rumors about coworkers
• Sending offensive emails or texts regarding an employee

What are the 5 unfair labor practices of employers?

An unfair labor practice in an employer action that violates the National Labor Relations Act (NLRA). The 5 general categories of unfair labor practices are:

1. Interference, restraint, or coercion of an employee who is exercising their rights.
2. Employer domination or financial support of a labor organization.
3. Discrimination in hiring or in any term or condition of employment in order to encourage or discourage membership in any labor organization.
4. Discrimination and/or retaliation for filing charges or giving testimony to the National Labor Relations Board (NLRB).
5. Refusal to bargain with a labor organization, union, or other employee representatives.

What rights do I have as an employee?

Federal employment laws give employees the following rights:

• To not be harassed or discriminated against due to race, religion, gender, sexual orientation, disability, national origin or age.
• To receive equal pay for equal work.
• To receive reasonable accommodations for medical conditions or religious beliefs (with some legal exceptions).
• To expect medical information shared with the employer to remain confidential.
• To report discrimination and other rights violations without fear of retaliation or punishment.
• To work in a safe and healthy environment.

Employees have additional rights under state laws, which vary by state.

What are the civil rights violations in the workplace?

Federal civil rights laws (specifically Title VII of the Civil Rights Act of 1964) protect you from discrimination, harassment, or abuse in settings including the workplace. In addition to employment discrimination and sexual harassment, other examples of civil rights violations in the workplace include:

• Being fired, demoted, transferred, or in some cases not hired for reasons unrelated to job performance or qualifications.
• Being inappropriately asked for immigration documentation.
• Being fired or denied reemployment based on military service.
• Being denied a reasonable accommodation for a disability (including not being allowed to have a service animal).

Are employee rights different in different states?

Employees have the same federal rights in all states, but state laws governing employee rights are different in different states. It’s best to consult an employment law firm with attorneys licensed to practice in your state to verify your local employment rights.

How do I know if I’m being harassed or discriminated against at work?

Federal law says you “cannot be denied employment, harassed, demoted, terminated, paid less, or treated less favorably because of your race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran.”

Discrimination is when you are treated differently based on one of these protected characteristics. Harassment is when you experience offensive, threatening, or humiliating actions or comments due to a protected characteristic.

To get more clarification, it’s best to consult with a labor and employment law attorney to discuss the details of your specific situation and to determine if what you’re experiencing is legally considered harassment and/or workplace discrimination.

What is a discrimination claim?

If you believe you’ve experienced workplace discrimination, you can file an official “Charge of Discrimination” - or discrimination claim - with the U.S. Equal Employment Opportunity Commission and/or with appropriate state Fair Employment Practices agencies.

What are examples of unfair discrimination at work?

Workplace discrimination can take many forms, and it’s impossible to list every potential case. However, some common employment issues that are examples of discrimination include:

• Not being paid the same as another equally qualified coworker for doing the same job
• Not receiving reasonable accommodations for your religious beliefs or disability
• Not getting promoted due to your age or because you’re pregnant (pregnancy discrimination is as prohibited as other forms)
• Working in a hostile work environment made so based on your race
• Loss of shifts or getting undesirable shifts due to your gender

What is considered discrimination in a workplace?

Workplace discrimination is when you are treated differently at work or in applying for work based on a protected characteristic, such as:

• race
• religion
• sex (including pregnancy, gender identity, and sexual orientation)
• national origin
• age (40 or older)
• disability
• and others

What are unfair work situations?

Unfair work situations arise when employees aren’t treated equally. When that treatment is based on personal characteristics like age, race, sex, disability, etc., it is considered workplace discrimination.

It’s also an unfair work situation to be subjected to harassing actions or comments due to a protected characteristic.

What does the EEOC protect?

The EEOC (Equal Employment Opportunities Commission) protects employees and job applicants from employment-related legal issues including discrimination, harassment, denial of reasonable accommodations, and retaliation against whistleblowers.

What are my Family and Medical Leave rights?

The Family and Medical Leave Act (FMLA) gives eligible employees of covered employers the right to take unpaid, job-protected leave for specified family and medical reasons. It also ensures that group health insurance coverage continues under the same terms and conditions as if you had not taken this leave.

If you’re eligible, you have the right to 12 workweeks of leave in a 12-month period for the birth or adoption of a child or to care for yourself, your spouse, child, or parent with a serious health condition. Military caregiver leave under the FMLA is extended to 26 workweeks of leave in a 12-month period.

How do I make a workers’ compensation claim?

Workers’ compensation is regulated on the state level except for civilian employees of the federal government. As such, the process of making a workers’ compensation claim will vary by state. You can find a U.S. Department of Labor listing of state workers’ compensation agencies here.

Is an employment contract claim beneficial?

In certain employment law cases and claims, an employment contract can be beneficial. But you do not have to have an official contract in order to have a valid employment claim or lawsuit against your employer.

And if your contract specifies arbitration and/or mediation to resolve legal issues, you still have the right to legal counsel and representation from a labor and employment law attorney.

What are examples of harassment claims?

Harassment in the workplace can occur in a variety of different situations. Some examples include, but are not limited to the following:

• Sexual harassment: This can include unwanted sexual advances, requests for sexual favors, inappropriate jokes, unwelcome touching, and/or displaying sexually suggestive material, among other behaviors.
• Bullying: Repeated and hostile behavior meant to intimidate, belittle, or degrade someone is considered bullying. This can include threats, verbal abuse, and/or undermining someone’s work, among others.
• Retaliation: If adverse action is taken against an employee in response to them reporting or opposing harassment or discrimination in the workplace, it is considered retaliation. Examples of adverse action can include being fired, demoted, or given unfavorable work assignments, among others.
• Gender or sexual orientation harassment: This can include derogatory remarks, exclusion, or intentional mistreatment due to an employee’s gender identity or sexual orientation.
• Religious harassment: When an employee is treated unfairly because of their religious beliefs, practices, or observances, it can be workplace harassment. This can include denying reasonable accommodations for religious practices or observances, as well as making offensive comments or mocking religious attire.
• Disability harassment: Discriminatory actions towards an employee with a disability can be considered harassment. Some examples include not providing reasonable accommodations, making derogatory comments, and subjecting the employee to a hostile work environment, among others.

What to do if you are sexually harassed in the workplace?

Your well-being and safety should take top priority if you are sexually harassed in the workplace. If you need immediate assistance or feel threatened, reach out to local law enforcement immediately for help and protection.

Additional steps to take include the following:

• Document the harassment. Include dates, times, locations, and other details of what happened. Save anything that can be evidence, including emails, messages, etc.
• Review company handbooks to understand the steps you should take and who you should report the incident to within your company.
• Report the sexual harassment following your company’s policies and procedures.
• Cooperate with the investigation. Provide any requested information, attend meetings and interviews, and tell the truth in statements.
• Seek legal advice and external options if your company fails to address the issue or if the harassment continues.

What can be considered workplace harassment?

Workplace harassment can take many forms. It can be verbal, physical, visual, psychological, emotional, or even cyber (meaning that it occurs through digital channels like email, instant messages, or social media).

In general, workplace harassment refers to any unwelcome or offensive behavior that is directed towards an individual or group and that creates an intimidating or hostile work environment.

Is gaslighting in the workplace illegal?

Gaslighting is when someone tries to make another person doubt their perceptions, memories, or even general sanity. When done at work, this can contribute to a hostile work environment and may relate to other illegal actions in the workplace.

For example, if gaslighting is based on an employee’s protected characteristics (like race, gender, religion, or disability), it may be considered harassment. If it is used to retaliate against an employee who has reported discrimination or harassment, it can be retaliation.

It’s important to seek legal advice from labor and employment lawyers to determine whether the gaslighting behavior violates employment laws.

Can you be fired for going to HR about your boss?

Being fired as an act of retaliation against reporting harassment, discrimination, or other illegal activities is prohibited under employment law. However, if you are reporting issues to HR, it’s still important to follow your company’s policies and procedures for doing so.

Be sure to document all details of the issue and of the actions you take in going to HR so that you have evidence if you need it later.

And if you have been fired for going to HR about your boss, consult with an employment attorney to understand your rights and potential courses of action.

What does reasonable accommodation in the workplace mean?

Employers have a legal obligation to make adjustments or modifications to the workplace - reasonable accommodation - to ensure that applicants and employees are not discriminated against due to disability or religion. Reasonable accommodation must be made to enable them to perform essential job functions.

What are some examples of reasonable accommodations in the workplace?

Some examples of reasonable accommodations in the workplace include:

• Physical modifications, like ramps, handrails, or making space for mobility devices.
• Flexible scheduling to allow for medical treatment or religious practices.
• Assistive technology, like specialized equipment, software, or other tools that enable employees with disabilities to perform job tasks effectively.
• Communication accommodations, including interpreters, captioning services, or other formats to aid employees with hearing or visual impairments.

How do I hire an employment lawyer?

Employment law covers a variety of issues, including wrongful termination, workplace discrimination, harassment, wage disputes, contract negotiation, and more. If you need to hire an employment lawyer, first look for the best lawyers with experience handling the specific issues you’re facing.

Research them online. Look at their ratings and reviews. Check with your local bar association to verify their license. Then schedule consultations with a few who seem like the best fit.

During your initial free consultation, ask about their success rates and potential strategies for handling your case. Pay attention to how they communicate and develop rapport with you. It’s important to hire an employment attorney who you feel comfortable with.

Once you decide to hire an employment lawyer, make sure you read and understand the engagement agreement before signing. The terms and conditions, scope of representation, fee structure, and billing practices should be clear before you sign any agreement.

How do I know if I need an employment lawyer?

Whether or not you need an employment lawyer depends on your specific circumstances and the issues you’re facing. It is always best to speak directly with an employment lawyer to get legal advice that pertains specifically to you in making that determination.

With that being said, some common situations where you might need an employment lawyer include, but are not limited to, the following:

• You’ve been fired or laid off due to discrimination, retaliation, or breach of employment contract.
• You’ve experienced workplace discrimination and/or harassment.
• You have concerns about unpaid wages, overtime violations, classification as an independent contractor, or other wage and hour related issues.
• You’re facing FMLA (Family and Medical Leave Act) or other leave-related issues.
• You’re having issues related to employee benefits like health insurance, pensions, or retirement plans.

Can an employment attorney help me get compensation?

Yes, an employment attorney can help you get compensation for various employment law related issues. Some of situations where you may be entitled to compensation include:

• Wrongful termination
• Workplace discrimination or harassment
• Wage and hour disputes
• Retaliation claims
• Breach of employment contract

The amount of compensation you may be entitled to depends on the circumstances of your specific case as well as the employment law involved.

How much does an employment lawyer cost?

The cost of hiring an employment lawyer can vary depending on several factors, including the lawyer's experience, reputation, location, complexity of the case, and the fee structure they use.

Discuss costs and their fee structure with the employment lawyers you’re considering hiring during your initial consultation. Make sure you understand how they bill, what services are included, and if there are any additional costs you should be aware of, such as court fees or expert witness fees.

Remember that the cost of an employment lawyer should be considered and weighed alongside the potential benefits and outcomes of your case.

What can an employment attorney help me with?

An employment attorney can help you with a variety of legal matters related to your employment. Here are some of them:

• Employment contracts
• Discrimination and harassment complaints
• Wrongful termination
• Wage and hour disputes
• FMLA (Family and Medical Leave Act) and other leave issues
• Employee benefits and retirement plans
• Workplace policies, handbooks, investigations, and compliance
• Mediation and litigation

Employment law is complex, and the specific legal services an employment attorney provides can vary depending on their specialty and expertise. Always ask an attorney directly how they can help you with your specific employment issue.