Employment Law Attorney Overview for Employees

Lawyer Representation for Employees in Employment Disputes

In the United States, workers have certain rights that must be protected. When these rights are violated, when employers take advantage of those who work for them, or when people suffer financial or personal harm due to the actions of employers, employees may be able to take legal action. In some cases, employees may receive monetary compensation to address the ways they have been affected, or employers may be required to take certain actions, such as reinstating an employee to a previous position or paying back pay and benefits.

When dealing with employment law issues, employees should be sure to work with an experienced attorney who understands federal and state employment laws. A skilled lawyer can help workers understand their rights and advocate for their interests in negotiations, mediation, arbitration, or litigation.

Common Employment Law Issues

Employees can face a wide variety of legal issues in the workplace, including:

• Wage and Hour Disputes: Employees must be compensated according to the Fair Labor Standards Act (FLSA) for all hours they have worked, including overtime. If federal or state laws are violated, employees may be able to bring a case against their employer. These cases may address situations where employers did not pay at least the minimum wage, where an employee was not properly compensated for overtime, or where a person was required to perform work without pay.
• Discrimination: Employees may file a claim with the Equal Employment Opportunity Commission (EEOC) if they have suffered negative effects at work because of their race, gender, age, disability, sexual orientation, religion, or nationality. These cases may address unfair or unequal treatment of certain employees or harassment in the workplace that has affected an employee's well-being.
• Sexual Harassment: If an employee is the victim of unwanted sexual advances from a coworker or supervisor, they may be able to bring a lawsuit against the harasser or their employer. These cases may address quid pro quo harassment in which an employee was asked or expected to perform sexual favors in return for career advancement, as well as hostile work environment harassment in which unwanted sexual advances or other inappropriate behavior or comments affected an employee's ability to work.
• Labor/Union Disputes: Employees have the right to organize or join a union for collective bargaining purposes. If employers interfere with this right, employees may be able to pursue relief, and they may also seek relief from a union that engaged in illegal activities.
• ERISA: The Employee Retirement Income Security Act ensures that employee health plans and pensions meet certain minimum requirements, and if the benefits an employer provides do not meet these standards, employees have the right to sue to receive the benefits they are entitled to.
• Wrongful Termination: If an employee was fired in violation of federal or state laws, they may be able to sue their employer for lost wages and the adverse effects on their life. These cases often involve claims that an employee was fired in retaliation for engaging in legally protected activity, such as making a sexual harassment complaint, reporting discrimination, or filing a workers' compensation claim.
• Whistleblower/Qui Tam Claims: Employees have the right to report dishonest or illegal actions by their employer without fear of reprisal, and if these rights are violated, they may bring a lawsuit against their employer. In some cases, a person may be able to file a "qui tam" claim against a person or company that has committed fraud against the government.
• Employment Contracts and Non-Compete Agreements: Employees will need to make sure the terms of contracts with their employers are fair and reasonable, and they can consult with an attorney and negotiate terms that will be beneficial. In some cases, employees may need to defend against claims that they have violated the terms of a contract, such as non-compete agreements that may restrict them from performing certain types of work for competitors within a reasonable timeframe and geographic region.
• Worker Misclassification: Some employers may try to classify workers as independent contractors rather than employees so that they do not have to pay overtime, provide workers' compensation insurance coverage, or offer benefits. People who believe that they have been misclassified can work with an attorney to make sure they are treated fairly and compensated correctly by their employers.

If you are an employee whose rights have been violated, it is important to work with an experienced attorney who can help you understand how federal and state laws apply to your situation and your best options for seeking relief. An employment law attorney can guide you through the steps of filing a claim or lawsuit and provide you with representation throughout the legal process.