What is Employment Law?
Employment Law is the practice of law concerning the statutes, laws, and rules that govern the relationship between employers and their employees. Lawyers who practice employment law are versed in the various circumstances where legal protections (and prohibitions) are implicated. Lawyers who practice employment law advise employers and employees on topics directly relating to the employer-employee relationship. Employment lawyers assist employees who have been wrongfully terminated and advise companies accused of wrongful termination. Some of the laws that concern employment include: Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Fair Labor Standards Act.
What is Wrongful Termination?
Most employment in the United States is considered “at-will.” At-will employment means an employer can terminate (or an employee can resign) at any time for almost any reason or no reason at all. It is important to emphasize the word “almost.” There are some reasons – or some factors – an employer cannot use when making the decision to terminate. For example, a person cannot be fired because of the color of their skin, their race, their sex, their national origin, or because of other protected characteristics. Workers over the age of 40 are also protected from age-related discrimination. These protections may be considered exceptions to the at-will doctrine. An employment lawyer can help you navigate the law and determine if wrongful termination has occurred.
What is Wrongful Termination?
Most employment in the United States is considered “at-will.” At-will employment means an employer can terminate (or an employee can resign) at any time for almost any reason or no reason at all. It is important to emphasize the word “almost.” There are some reasons – or some factors – an employer cannot use when making the decision to terminate. For example, a person cannot be fired because of the color of their skin, their race, their sex, their national origin, or because of other protected characteristics. Workers over the age of 40 are also protected from age-related discrimination. These protections may be considered exceptions to the at-will doctrine. An employment lawyer can help you navigate the law and determine if wrongful termination has occurred.
If you feel you may have been wrongfully terminated, the attorneys at The Verde Law Firm, PLLC can evaluate your case for free.
Sexual Harassment in the Workplace
Sexual harassment includes unwelcome sexual advances, a request for a sexual favor, or any other verbal or physical conduct of a sexual nature that impacts you work or creates a hostile working environment. No employee should have to endure, and no employer should tolerate sexual harassment in the workplace. State and federal laws protect employees from sexual harassment in the workplace and create penalties for employers who fail to take immediate and appropriate corrective action.
If you feel you have been subjected to sexual harassment in the workplace, the attorneys at The Verde Law Firm, PLLC can evaluate your case for free.
Discrimination
Discrimination takes many forms. An employer may discriminate against an employee because of that employee’s disability or other protected characteristic. The discrimination may consist of demotion, loss of pay, harassment in the workplace, or even termination. Sometimes a manager will attempt to make the workplace so toxic that the employee will feel forced to quit. Although discrimination takes many forms, depending on the cause or motivating reasons for the discrimination, state and federal laws may protect employees and provide for legal remedies in the event of discrimination. An employment lawyer can advise you of your rights in the workplace and in the event you are wrongfully terminated.
Retaliation
When an employee reports discrimination, opposes a discriminatory practice, files a charge of discrimination with the government, or hires an attorney to assist them with a claim against their employer, they are engaging in a protected activity. An employer is not permitted to terminate or punish an employee for engaging in a protected activity. Many cases of discrimination also include a retaliation component when the employee makes a complaint or report to HR and is terminated shortly thereafter. As an employer, you must be careful to avoid actions which may be considered retaliation. As an employee, you must know your rights and know you have a legal remedy if you are terminated for engaging in a protected activity.
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