Employment lawyers deal with issues that affect employees, from finding a new job to fighting retaliation in the workplace. These professionals are essential to building a case that proves an employer violated a worker’s rights.
They also review employee handbooks and policies to ensure they are in line with all applicable laws. This prevents retaliation that can be overt or as subtle as a shift reassignment.
Discrimination
Discrimination is any type of unfair treatment that is illegal under federal and state laws. Examples of discrimination include being paid less than a colleague for doing the same job; not getting a promotion because you are female or from a minority ethnic community; or being refused training opportunities. Discrimination can be based on race, color, national origin, religion, sex (including pregnancy and gender identity), age, disability, family medical history (including genetic information), marital status and political affiliation. It is also unlawful to make a hiring policy or practice that has a disparate impact on a protected class, like using a strength test that tends to screen out women; or asking inappropriate questions on job applications.
It is also illegal to retaliate against you for participating in employment-related activities, such as filing a complaint of discrimination or helping with an investigation or lawsuit. You can file a complaint through the Equal Employment Opportunity Commission (EEOC) or your state’s department of labor.
Wrongful Termination
If you believe your employer fired you in violation of state labor laws or employment contracts, you may have a claim for wrongful termination. In these cases, it’s important to document all conversations and any documents related to your firing. We can review these and other information to determine whether a lawsuit is an option for you.
Wrongful termination can occur for many different reasons. It could include breach of an employment contract, violations of public policies or illegal discrimination. It can also be a breach of state or federal civil rights law, like retaliation for reporting unsafe products, practices or behaviors.
Some states, including Texas, allow workers to file a wrongful termination lawsuit based on an employer’s retaliation for exercising certain legal rights, such as reporting a workplace safety issue or requesting a leave of absence due to a serious medical condition. These cases often involve multiple steps, such as an informal meeting with a supervisor and a hearing in front of a local government board.
Toxic Work Environment
Toxic workplaces have a negative impact on employees’ health and well-being. They are unable to work productively and have higher risks of stress-related diseases and mental health conditions. Employees may even suffer physical injuries due to their toxic working environments.
One of the main symptoms of a toxic workplace is poor communication. If employees are unclear about their roles, responsibilities and expectations, productivity suffers. Similarly, managers might not listen to feedback or take complaints seriously.
A toxic culture might also show itself through bullying or harassment. Employees who experience these types of incidents should document the situation and consult with an employment lawyer.
If an employer fails to address a toxic work environment, it might be possible to seek legal redress through constructive dismissal. This involves proving that the wrongful behaviour was fundamentally incompatible with continuing an employment relationship. In order to be successful, this type of claim requires detailed records and evidence of the wrongful conduct.
Contracts
Employment lawyers can help clients with a variety of contractual matters. This includes drafting and reviewing contracts and agreements, including employee handbooks. They can also assist with complaints or appeals to government agencies and courts regarding issues like discrimination, wage and hour violations, or workers’ compensation claims.
An employment contract typically lists important information like the duration of an employee’s employment, whether they are considered at-will or not, and how disputes will be resolved. It may also list responsibilities and benefits like vacation days, health insurance coverage, and more. Some employment contracts also include non-compete and/or non-solicitation provisions that prevent employees from working for competitors or soliciting clients or employees after they leave a company.
These provisions can be heavily negotiated, and any terms that are too favorably slanted towards the employer could be found unenforceable. Employment attorneys can also ensure that any arbitration provisions are written to be fair. This can reduce the risk of expensive litigation.
