Find Employment Law Attorney By Valerie Brooks
Whether you've been an administrative assistant for one month or a computer programmer for five years, you may not be aware of all your rights as an employee. It is helpful to know, for example, what is considered sexual harassment, or whether you are entitled to a leave of absence. Understanding the role of an employment law attorney could come in handy of you should find yourself in one of these, or numerous other situations.
Employee Rights
An employment law attorney is typically an advocate for employee rights. Here are some of the most common reasons to engage the services of an attorney specializing in employment law:
• Wrongful Termination: This is a tricky area because, sometimes, what seems like a wrongful termination is often not illegal. Also, it is important to determine if you live in an “at will” state. These are states that stipulate that an employer can terminate an employee for any reason or no reason at all. There are two exceptions to this rule: discrimination or breaking a contract.
• Discrimination: The law states that no one can be fired on the basis of age, disability, nationality race, religion, or sex. This is not a comprehensive list, however, and an attorney can offer deeper insight. The law also protects employees who may be considered “whistle blowers” – individuals who have unearthed and revealed illegal actions on the part of the employer. An employee can also not be fired for partaking in legal company rights, such as collecting worker's compensation, or legitimately filing for disability. The difficulty here is that most states are “at will” states, so employers can fire employees without cause; this makes it difficult for employees to prove discrimination.
• Breach of Contract: With certain exceptions, an employee cannot usually be fired if he or she has a verbal or written contract with the employer.
• Sexual Harassment: This is one of the hottest areas of litigation these days, and many cases are settling for exorbitant sums. The biggest offenders are bosses who demand sexual favors in exchange for advancement in the company. Whether or not the person complies, sexual harassment remains illegal, and the person can sue. Another common situation is when a fellow employee continually makes sexual jokes, advances, or references -- even after he or she has been asked to stop. If sexual matters are consensual between employees, there is no case for sexual harassment.
• Leave of Absence: This deals with issues related to pregnancy, childbirth, or medical leave. Federal law does not mandate that companies issue pregnancy leave. However, they must offer medical leave, which can include pregnancy. While state laws differ, the general rule is that female employees will usually have the option to take a leave for a reasonable length of time. The employee can usually add vacation or other accrued time if she wishes to extend her leave. The typical leave allotted is three months, often with a cap at four. For medical leave, physician reports are often requested in order to track the employee's progress and projected date of return.
• Worker's Compensation: All employers are required to have some type of insurance policy covering employee injury on the job. This system protects the employee, whether or not the injury was accidental. Each state offers different limits on how much the employee can collect, and it may or may not depend on the employee's income. State laws also differ as to whether or not an employee can sue his or her employer for negligence, even if it caused the injury.
Hiring an Employment Law Attorney
Employment law attorneys are here to protect your rights as an employee. They will deal with anything from wage and overtime claims to the more difficult discrimination cases. When choosing an attorney to represent you, make sure the person has extensive experience in employment law. While Federal employment laws protect all employees, each state has its own governing regulations If you need an employment law attorney, it is helpful to collect documentation that supports your claim.
Additional Legal Services:
Nationwide Find an Attorney Services:
American Bar Association
Service Center
321 North Clark Street
Chicago, IL 60610
800-285-2221
Martindale-Hubbell
121 Chanlon Road
New Providence, NJ 07974
800-526-4902 ext. 8001