Suffering harassment, discrimination and retaliation in the workplace can be humiliating and shocking. Speaking to a knowledgeable and experienced employment law trial attorney is one of the best things you can do if you have questions about disputes with your employer. At K Altman Law, we handle many different types of employment law cases as following:
- Discrimination: Cases involving alleged workplace discrimination based on protected characteristics, such as race, gender, age, religion, disability, national origin or sexual orientation.
- Harassment: Cases related to workplace harassment, including sexual harassment and hostile work environment claims.
- Wage and Hour Disputes: Cases involving unpaid wages, overtime disputes, minimum wage violations, and employee misclassification.
- Family, Medical and Administrative Leave: Issues related to the Family and Medical Leave Act (FMLA) and administrative leaves, state-specific leave laws, ensuring employees receive proper leave benefits and are not subject to retaliation.
- Wrongful Termination: Cases where employees claim they were terminated for unlawful reasons, such as discrimination, retaliation, or violation of public policy.
- Retaliation: Cases involving claims of employer retaliation against employees for exercising their rights under employment laws, such as reporting discrimination, harassment, or participating in investigations.
- Employment Contracts: Reviewing, drafting, and negotiating employment agreements, including non-compete and non-solicitation agreements, and addressing breaches of contract disputes.
- Workplace Safety: Ensuring compliance with Occupational Safety and Health Administration (OSHA) regulations and handling cases related to workplace accidents, injuries, and unsafe conditions.
- Whistleblower Protection: Representing employees who have reported illegal or unethical practices within their organization, ensuring they are protected from retaliation.
- Employee Benefits: Advising on and litigating issues related to employee benefits, such as health insurance, retirement plans, and disability benefits, as governed by the Employee Retirement Income Security Act (ERISA).
One of the most common problems reported by employees is wrongful termination. An employer may discriminate against an employee based on the following reasons:
- Gender identity
- Pregnancy
- Sexual orientation
- Age
- Religion
- Disability
- Nationality
- Race
Equal Employment Opportunity (EEO) laws regulate the conduct to employers in specific types of job discrimination in certain workplaces. One important agency related to EEO law claims is the United States Equal Employment Opportunity Commission (EEOC). Employees cannot be terminated for filing discrimination or harassment claims.
The Categories of Employment Law Cases
Employment law cases can cover a range of different topics and areas of the law. Following are some of the most frequent types of employment law cases in the United States.
- Professionals and Corporate Executives
- Whistleblower Cases
- Wage Disputes
- Sexual Harassment
- Discrimination
- Wrongful Termination
- Worker’s Compensation
Professionals and Corporate Executives
Chief executive officers, chief financial officers, and others who have reached the pinnacle of their careers may have to face complicated issues related to employment law. Salary disputes, shareholder issues, and contract interpretation are legal problems that may face executives and professionals. Being responsible for a team of employees can be stressful. Also, employers often need the assistance of a skilled employment law attorney.
Whistleblower Cases
Employees may hesitate to report illegal actions taken by their employers. However, employers are not permitted to retaliate against employees for reporting illegal activities in the workplace. Employers may engage in dangerous conduct that can be a risk to public health or safety. Under these circumstances, federal laws and state laws shield employees from retaliation. An employment law attorney can help employees who may have been wrongfully terminated for reporting their employer to a state or federal agency.
Wage Disputes
Employees may not know where to turn if they have wage disputes with their employers. An employee may not have been compensated for overtime hours worked at their place of employment. An employer may classify employees in a manner that violates federal or state laws. Employees may need to seek the wages they are owed by retaining a knowledgeable employment law attorney.
Sexual Harassment
Sexual harassment can be psychologically devastating. If an employer sexually harasses an employee, the employee may not know where to turn due to the stress and anxiety caused by the event. Employers may discriminate against employees based on their identity, gender, or sex. Distasteful jokes, offensive sexual comments, unwanted touching and retaliation may all constitute sexual harassment in the workplace in the United States. Being in a hostile work environment can cause employees to experience severe emotional distress and financial damages. Employees should not be afraid to stop sexual harassment in their place of employment.
Discrimination
Discriminatory behavior in the workplace can be subtle. Employees must not be subject to discrimination based on age, religion, disability, sex, national origin, gender or race. Federal and state laws protect employers from discriminating based on marital status, medical conditions, gender identity, and sexual orientation. Employers cannot discriminate against employees based on these characteristics.
Employers cannot create a hostile work environment based on retaliation and/or discrimination. Also, employers may make decisions that result in employees suffering illegal discrimination. An employment law attorney can help employees understand the discrimination claims they may have against their employers. Decisions regarding promotions, firing, and hiring may all be relevant to an employee discrimination claim.
Wrongful Termination
Wrongful termination is one of the most common disputes employees have with their employers. Employers are not permitted to terminate employees in violation of their constitutional rights. Employees cannot be terminated if they report discrimination or harassment. Every wrongful termination case is unique, and speaking with an employment law attorney can help employees and school interns learn about the legal options available to them.
Worker’s Compensation
All workplaces can be potentially dangerous. No matter the circumstances of the injury, employees have the right to seek financial compensation if they are injured while at work and/or while performing functions of their job duties.
Worker’s compensation laws vary by jurisdiction. However, you may be entitled to backpay, short term disability payments, long term disability payments, temporary disability payments, and medical care. Employers must be insured for worker’s compensation claim.
A worker’s compensation claim arises when employees suffer workplace accidents. The employee must report the injury to their employer. Sometimes, a third party may have caused the accident suffered by the employee. An experienced worker’s compensation lawyer can help you learn if you may also have personal injury claims.
The Common Types of Work Related or Workplace Accidents
The following are some of the most common types of workplace accidents in the United States:
- Forklift accidents
- Scissor lift accidents
- Ankle and back sprain accidents
- Concussion accidents
- Toxic exposure accidents
- Slip and fall accidents
- Trucking accidents
- Company vehicle accidents
- Chemical burns
- Explosions
- Fires
- Heavy equipment accidents
- Repetitive motion injuries
- Asbestos exposure
- Power tool accidents
- Electricity accidents
Seeking a Worker's Compensation Attorney
You may have to stand up to insurance companies when you assert a Worker’s compensation claim. An experienced Worker’s compensation attorney can help employees in many different ways. An injured employee may have had their claim or benefits denied by an insurance company. Also, a settlement offer may not provide sufficient financial compensation to cover lost earnings, current and future medical bills.
An employee may not be able to return to work due to their workplace injuries. A worker’s compensation attorney can assist in obtaining workplace medical releases for return to work. Employers may retaliate against employees for bringing Worker’s compensation claims. Retaining a knowledgeable Worker’s compensation can help employees assert their legal rights if they suffer workplace injuries.
A Worker’s compensation lawyer can negotiate on your behalf with insurance companies. If settlement negotiations are not fruitful, a Worker’s compensation lawyer at K Altman Law can take your case to court.
Worker’s compensation claims have strict deadlines. In most cases, injured employees must report their injuries to their employer within thirty days of the date of injury. In most cases, the employer must report the injury to their insurance company within ten days of the awareness or receiving notice of the injury. Different states have unique deadlines that apply to Worker’s compensation claims.
Employees and those who apply for jobs are protected from sexual harassment and discrimination under Title VII of the Civil Rights Act of 1964. If an employer violates an employee’s civil rights, the employee can assert a complaint under Title VII.
Employees have the right to not suffer discrimination, retaliation, hostile work environment and harassment at their place of employment. Title VII of the Civil Rights Act of 1964 states the following: “It shall be an unlawful employment practice for an employer…to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Title VII forbids discrimination, retaliation and harassment of protected persons. The following characteristics are relevant to the provision of Title VII of the Civil Rights Act of 1964:
- Religion
- Sex, gender, and sexual orientation
- National origin
- Race
- Pregnancy
- Age
- Retirement
Title VII also protects employees from retaliatory behavior such as wrongful termination. Employees who assert complaints in the workplace may not be subject to retaliatory behavior by the employer.
Title VII enabled Congress to set up the Equal Employment Opportunity Commission. The EEOC is a federal agency that enforces Title VII. Most states have EEOC agencies as well. Employers with a minimum of fifteen employees must adhere to the provisions of Title VII.
Title VII also applies to state government employers, federal government employers, employment agencies, and labor unions. Employees are also protected from retaliatory behavior such as demotion and wrongful termination. The following are common types of Title VII violations:
- Terminating an employee who reported a violation to the Equal Employment Opportunity Commission (EEOC)
- Transmitting emails containing ethnic jokes to staff members and employees
- Touching employees in an appropriate manner
- Displaying sexually offensive behavior repeatedly and creating a hostile work environment
Sexual harassment may be unwanted requests or demands for sex, unprovoked physical touching, and offensive sexual comments. Quid pro quo sexual harassment happens when an employer offers to provide positive benefits to an employee in exchange for sexual contact.
Individual employees may have Title VII claims if the discriminatory conduct occurred at a work-related event outside the regular place of employment. Discriminatory treatment can also occur at remote workplaces if an employee suffers harassment online.
Section 1981
Section 1981 refers to 42 U.S.C. § 1981. Section 1981 only applies to intentional racial discrimination. Title VII applies to intentional discrimination and disparate impact discrimination on religion, sex, national origin, color, and race. Individuals who suffered racial discrimination at the workplace can allege Section 1981 and Title VII claims simultaneously. Section 1981 potentially allows for claims when administrative remedies were not exhausted, such as EEOC and grievances.
Section 1983
Section 1983 civil lawsuits are claims asserting that a state or local official violated an individual’s civil rights under the United States Constitution. Victims may seek monetary damages, compensation or an injunction to stop the offensive conduct.
Civil rights are important to every citizen of the United States. Civil rights are guaranteed by the United States Constitution and other federal law. Individuals often have their rights deprived in the following circumstances:
- A manager or supervisor sexually assaults an employee while the employee is working
- Police officers use excessive force while making an arrest
- School administrators use of excessive force
- School administrators mistreatment other than sex
Civil rights guaranteed by state constitutions cannot form the basis of a section 1983 civil lawsuit. Section 1983 cases relate to civil rights guaranteed under federal law. Section 1983 provides federal courts with jurisdiction to hear civil rights cases. Section 1983 creates liability for violating federal laws. All section 1983 claims include alleged violations of other laws, such as the following:
- Medicaid disability
- Fourteenth Amendment
- Eleventh Amendment
- Eighth Amendment
- Fourth Amendment
- Second Amendment
- First Amendment
Individuals acting under color of state law are the defendants in section 1983 cases. Individuals who work for the government, specific government entities, and others who conspire with government employees can all be sued under section 1983. Some common defendants in section 1983 cases include prison wardens, county sheriffs, police chiefs, prison guards, sheriff’s deputies, and law enforcement officers.
Individuals who bring Section 1983 claims can seek two types of remedies: compensatory damages and injunctive relief. Compensatory damages may help the victim with the following:
- Pain and suffering
- Limited earning potential
- Lost earnings
- Medical bills
Pregnancy Discrimination Attorney
Pregnancy discrimination can occur in many different contexts for employers with 20 or more employees. Oftentimes, an employer discriminates against a pregnant employee. An employee may face discrimination based on the status of their pregnancy or based on their desire to be pregnant in the future. The following are some common examples of pregnancy discrimination in the United States:
- An employer attempting to convince a pregnant employee to quit
- An employer taking away an employee’s promotion
- An employer reducing the employee’s hours
- An employer making negative employment decisions due to an employee’s pregnancy
- An employer not providing a pregnant employee with accommodations during the employee’s pregnancy
- An employer not permitting a pregnant employee to take leave during a pregnancy disability
- An employer terminating an employee due to pregnancy
- An employer not permitting an employee to leave work for medical appointments
- An employer failing to hire a pregnant individual due to their pregnancy
Pregnancy discrimination is illegal under federal law in the United States. Most cases are regulated by the Pregnancy Discrimination Act of 1978. The act protects individuals who suffer discrimination based on pregnancy-related medical conditions, childbirth, and pregnancy for employers with 20 or more employees.
Family Medical and Leave Act of 1993 (FMLA)
Employees who work for employers with 50 or more employees, who have worked 1250 hours in the preceding year. FMLA provides for 12 weeks of unpaid leave to sometimes run concurrent with personal time and/or vacation time. Employees who have a medical condition or immediate family members who suffer from a medical condition covered under FLMA. New parents can take unpaid leave for up to twelve weeks. New parents under the Federal Medical and Leave Act of 1993 (FMLA) may be adoptive, foster, or biological. Speaking to a knowledgeable pregnancy discrimination lawyer can help you understand how to protect your legal rights.
The Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) is a federal law that regulates overtime pay, minimum wage, bonuses, leave pay, misclassification and other regulations that affect employees in the United States. The FLSA applies to employers who are engaged in interstate commerce or who have at least $500,000 in annual sales. Any employer that uses telephone lines, the internet, or the mail is engaged in interstate commerce. Some employees may be exempt from the federal minimum wage, including the following:
- Newspaper delivery employees
- Federal criminal investigators
- Seasonal and recreational establishment employees
Individual jurisdictions also have their own minimum wage laws. If a specific state guarantees employees greater protections, employers must pay those employees the higher wage.
Also, under the FLSA, non-exempt employees must receive overtime compensation for hours worked in excess of forty hours in a workweek at a rate of not less than one and one-half times their normal pay rate.
Employment Law attorneys at K Altman Law specializing in unfair wages can assist both employees and employers in addressing wage-related issues.
Individuals who are harassed by debt collectors need to know that those debt collectors may be violating the Fair Debt Collection Practices Act. Bill collectors, corporate collections departments, and collections agencies are all debt collects who pursue repayment of debt from individual consumers. The following practices violate the Fair Debt Collection Practices Act:
- Sending improper collection letter based on each state’s guidelines
- Misrepresenting one’s identity as a debt collector
- Calling individuals late in the evening or early in the morning
- Making threats to garnish an individual’s wages
- Seeking out individual debtors while they are working
- Contact family members or friends of the debtor
- Speaking in a profane or obscene manner to a debtor
- Threatening legal action
- Threatening a debtor in a violent manner
Individuals may be able to seek compensation under the Fair Debt Collection Practices Act. Debt collectors may not use deceptive practices, unfair practices, or abusive practices when seeking to collect debts. Individuals can report problems with debt collectors to the Federal Trade Commission, the Consumer Financial Bureau, and their state attorney general. Individual states have their own debt collection laws distinct from federal debt collection laws.
The Age Discrimination in Employment Act is a law protecting individuals from discrimination on the basis of age. The Age Discrimination in Employment Act forbids discrimination directed toward individuals forty years of age and older in any aspect of employment.
The Age Discrimination in Employment Act protects employees who work for an employer with twenty or more employees. Any employee who is treated differently because of their age may have legal claims under the Age Discrimination in Employment Act.
Employers may attempt to treat employees forty years of age and older differently from younger employees. The discrimination may be a denial of pay, adequate working conditions, or benefits. Some employers may deprive older employees of opportunities that the employer makes available to other employees. Also, a younger employee may be paid less than an employee forty years of age or older for doing the same work.
One of the best things you can do if you think you have been subject to age discrimination is to speak to an experienced employment law attorney. At K Altman Law, we help individuals who have suffered age discrimination enforce their legal rights.
The Uniformed Services Employment and Reemployment Rights Act (USERRA)
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law in the United States that protects the employment rights and benefits of military service members and veterans. USERRA ensures that individuals who voluntarily or involuntarily leave their civilian jobs for military service can return to their positions with the same seniority, status, and pay they would have attained had they not been absent for military duty. The law also prohibits employers from discriminating against individuals based on their past, present, or future military service obligations.
Employment law attorneys at K Altman Law can represent service members or veterans in claims against employers for alleged violations of USERRA rights such as, failure to reinstate, wrongful termination, or discrimination based on military service.
