Experienced Employment Law Attorneys
Whether you are joining the job market for the first time or were recently fired, it is important to understand your rights as an employee. Most states have enacted a wide range of employment laws that protect employees from unfair treatment, unsafe work conditions, unfair labor practices, and much more. If you believe your rights have been violated, it is best to speak to the Employment Law Attorneys at Sweet Lawyers.
What is Employment Law?
Employment law is the collection of laws and rules that regulate relationships between employees and employers. Employment laws state how a company can hire employees and how they must be treated. The laws also specify when employees can work and what conditions they can work under. Employment laws cover what an employer must pay the employee for their work. They even create minimum requirements for working conditions for employees.
Employment laws cover all phases of the employment process – from the interview and hiring process through promotion and termination. In addition, you’ll find information about privacy in the workplace, wage and hour laws, workplace safety, family leave policies, and detailed advice on hiring an employment lawyer. The US Department of Labor has detailed guidelines for employment law, but they are not always simple and straightforward. The experienced employment attorneys at Sweet Lawyers are here to help you build a strong case and take the proper steps to ensure your rights are protected.
Common Employment Law Cases
When a company wants to hire someone, there are many laws in place that they must follow. There are minimum wage laws that require an employer to pay a certain amount to their staff. There are laws that prohibit an employer from discriminating against applicants or employees based on certain characteristics. Employers must provide a safe working environment. In some cases, they must provide health insurance options. Employers must collect and submit payroll taxes on behalf of the employee.
All of these laws are in place to protect the rights of both the employee and employer.
It is important for employees that these labor laws are enforced. They may need help from an employment lawyer to understand what the laws are and whether their employer has violated these laws. But what exactly is covered under employment laws? Although each state and company will be required to enforce different laws, certain employment laws that employers must follow include:
- Job Discrimination, including age, disability, and religious discrimination as well as sexual harassment;
- Benefits and Wages, including retirement benefits, wage and hour laws, labor unions, gender-pay discrepancies, unemployment benefits, social security, and overtime and minimum wages;
- Hiring Process and Wrongful Termination;
- Family, Medical, and Maternity Leave;
- Workplace Safety Conditions and Privacy;
- Employment Contracts and Work Environment;
- FLSA, FMLA, and ADA;
- Military Leave and USERRA;
- Legal Help and Other Resources.
Know Your Rights
Companies of all sizes must follow employment law. In situations where they do violate employee rights – whether knowingly or otherwise – businesses depend on employment lawyers to tell them what they need to do in order to comply with the law. In addition, employment lawyers help clients (employees) with pursuing legal enforcement when there is a violation of the law.
Almost all businesses enforce some sort of employment law. However, it is important to note that not every company or state follow the same laws. Some employers with less than a certain number of workers (depending on the state and law) are not bound by certain employment laws. Also, employees typically have to work a specific number of days or hours before obtaining the protection of employment laws. You should always research your state and company’s employment laws, however an attorney at Sweet Lawyers would be more than happy to help you learn your rights as an employee. Contact us today for a free evaluation of your case.
Employment Law FAQ
Employment Law is the collection of laws that regulate relationships between employees and employers. Employment laws cover all phases of employment. These regulations are in place to keep employees safe, ensure fair treatment, and protect employers.
All employees are entitled to fair pay, equal opportunity for promotions, and a safe and comfortable working environment free of harassment and discrimination. Both federal and state regulations protect these rights from being violated.
If you believe your employer has violated your rights as an employee, you may be eligible for an employment lawsuit. Even if you are unsure about your working conditions and treatment, you may qualify for a claim. Your first step should be to contact an employment attorney to discuss your specific situation.
At-will employment is a legal term that means an employer can terminate an employee for any reason without warning. In at-will employment states, employees can also quit their jobs or go on strike without having notice. Although all states have some form of at-will employment in place, an employer cannot fire an employee if the reason for doing so is illegal. This includes firing someone because of their gender, race, or religion.
Wrongful termination means that you were terminated for illegal reasons. An employer cannot legally terminate an employee based upon their religion, race, gender, skin color, sexual orientation, age, medical condition, or disability. In addition, you cannot be fired for filing a complaint about harassment, unsafe working conditions, or discrimination, among other actions. Usually, there is a one-year statute of limitations from the date of termination to file a wrongful termination claim. However, always check your state’s policies or contact a wrongful termination attorney to learn more about your rights.
Discrimination is harassment or disparate treatment because of one’s religion, race, sexual orientation, skin color, nationality, gender or gender identity, age, military and veteran status, marital status, physical or mental disability, or various other attributes. Workplace discrimination includes an unfair allocation of duties, discrepancy between promotion and demotion procedures, exclusion or unjust discipline, and harassment directed at a particular person. If you believe you are experiencing discrimination at work, contact an employment attorney.
No. Your employer cannot withhold your paycheck for any reason. Even if your employer believes that you owe the company money, they cannot deduct any amount from your paycheck. However, there are few circumstances in which your employer can deduct funds from your paycheck. So, if your employer is withholding any amount of your paycheck, contact an attorney.
Yes, there are several questions that an employer may not ask an applicant or employee. An employer may not seek inappropriate medical information or ask about one’s race, religion, family status, or age. However, an employer may describe the duties of a job to an applicant and ask if the applicant can perform those duties, either with or without reasonable accommodation.
Pregnancy discrimination occurs when an employer mistreats an applicant or employee because she is pregnant, has given birth, is breastfeeding, or has a medical condition related to pregnancy or childbirth. Employers are prohibited from making work decisions based on pregnancy, childbirth, or related conditions. Pregnancy discrimination is illegal in all aspects regarding employment, including hiring, termination, wages, promotions, and benefits. Also, employers cannot refuse to provide time off or reasonable accommodations for pregnant employees. However, each state enforces different laws regarding pregnancy regulations.
There are many steps you can take if you are a victim of sexual harassment at work. Sexual harassment is a form of discrimination based on one’s sex, gender, or sexual orientation that violates the Civil Rights Act of 1964. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, inappropriate touching, sexist or sexual remarks, and any other verbal or physical sexual conduct that negatively affects the victim’s work conditions or performance. Sexual harassment at work can occur with coworkers, managers, supervisors, and even non-employees.
If you file a complaint or lawsuit regarding sexual harassment at work, the law protects you from punishment, retaliation, and termination. You have a right to report harassment and participate in an investigation or lawsuit without retaliation of any kind.
No. The Americans with Disabilities Act, defines a disability as any mental or physical impairment that limits your daily life. Employers with 15 or more employees must accommodate, and may not discriminate against employees with disabilities. As long as you can perform the essential functions of your position, with reasonable accommodations, your employer cannot fire you based on your disability.
Yes. Under the Federal Fair Labor Standards Act, all employees qualify for overtime except for exempt employees. Any work over 8 hours a day should receive time and a half. After 12 hours, employees are paid double time. Even if you do not work more than 8 hours on any single day but work over 40 hours a week, you are entitled to overtime pay. Additional laws may be enforced by each state. If you feel that you are owed overtime pay, consult an employment lawyer to discuss your situation.
Non-exempt employees are guaranteed at least one 30-minute meal break for every five hours of work in a day. They must also receive a 10-minute rest break for every four hours of work. Similar to overtime laws, exempt employees are not given the same entitlement. However, if you are not receiving a break or mealtime or you are being asked to skip your breaks, contact an employment lawyer.
Workers’ compensation is awarded to employees who are injured at work or acquire a disease or illness due to working conditions. An employer cannot terminate you just because of your workers’ compensation claim. However, they can still fire you for justifiable reasons unrelated to your claim.
The monetary damages that can be awarded in an employment lawsuit depend on the type of claim and how/where the harassment or discrimination occurred. In most state and federal discrimination cases, the employee is entitled to receive damages such as back pay, lost benefits, reinstatement, reasonable accommodations, and punitive and compensatory damages. However, every claim is different. Your first step should be to contact an experienced employment lawyer to discuss your situation.
How Sweet Lawyers Can Help You
Everyone deserves the best representation and proper compensation if an employer breaks employment law. If you believe any of your employment rights have been violated, you have the right to seek legal action. The employment attorneys at Sweet Lawyers are here to help you if and when your employer violates your rights. The knowledgeable attorneys at Sweet Lawyers have nearly 45 years of experience covering employment law, personal injury, wrongful death, disability law, and auto accident lawsuits.
Choosing a lawyer can be confusing, time consuming, and stressful. That is why we offer a free consultation to evaluate your case. Besides the consultation, we work on contingency. This means if you hire us, you pay nothing out of pocket unless we win your case. Using the most reputable attorneys, investigators, and case managers, we have recovered over $200 million in compensation for our clients. Call Sweet Lawyers first to see why our law firm was awarded the “Best Attorneys of America.”
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