Employment Law covers a wide range of employment related issues. If you are an employee experiencing issues regarding wage & hour, medical leave, discrimination, wrongful termination, or sexual harassment, our attorneys can inform you on your rights in the workplace.
If you are an employer who needs advice or assistance drafting a non-compete, non-disclosure or a separation agreement you should consult with an attorney to make sure your agreements are enforceable.
Generally, an employee who is not part of a union, doesn’t have a contract, or doesn’t work for the federal, state or local government is considered an “employee at will.” The employee is free to leave a job, in most cases, with no penalty. The other side of this equation is that employers in these instances may also terminate employment without notice or a particular reason. There is no law that requires an employer to treat an employee “fairly”.
However, a person who loses a job, or suffers a demotion, lost wages, or is not given an earned raise, promotion, or otherwise suffers any other adverse job action in violation of specific state or federal laws about other issues may be able to sue the employer to recover what was lost.
For example, an employer may not discriminate against an employee because of race, gender, pregnancy, sexual orientation, handicap, age, national origin, ancestry, or religion. Discrimination occurs when an employer takes action against an employee because the employee falls into one of the protected categories listed above. In order to prove a discrimination claim, the employee will have to be able to show that the employer acted due to status and not for another reason, such as performance.
State and federal statutes impose other rules on employers – under certain circumstances – such as requirements to provided family leave, military leave, severance pay, and disability accommodations; and protection of the employees’ ability to complain about conditions or workplace violations without retaliation.
If you feel you have a claim against your employer, it is important to speak to an attorney as soon as possible. There are statutes of limitations that apply that are as short as six months, and if you wait too long, you may be unable to sue no matter how strong your case is.