Employment Rights Attorney Overview

Lawyers Helping Employees and Employers Understand and Protect Their Rights

Employment relationships are governed by multiple federal, state, and local laws that are designed to protect the rights of both employees and employers. From wage regulations and anti-discrimination statutes to workplace safety standards, these laws create clear expectations for conduct, compensation, and treatment in the workplace. However, there are some situations where violations may occur or where employees and employers may encounter disputes. An employment law attorney can help employers and employees understand their legal obligations, protect their rights, and resolve disputes effectively.

Employee Rights in the Workplace

Employees have various legal protections that are meant to promote fairness and safety. An attorney can help employees address violations of these rights and hold employers responsible for actions or policies that have caused them to suffer financial, emotional, or personal harm.

Protections Against Discrimination

Federal and state laws prohibit discrimination in hiring, promotion, termination, and other aspects of employment based on protected factors. Employers are prohibited from basing these decisions on factors such as:

• Race, ethnicity, or nationality
• Gender, sex, or sexual orientation
• Age
• Disability
• Religion
• Pregnancy or family status

An attorney can help employees file complaints with the Equal Employment Opportunity Commission (EEOC) or state agencies to address discrimination. Employees may be able to take legal action and recover damages if they have experienced unequal treatment based on protected characteristics.

Right to a Safe Workplace

Employees are entitled to a work environment that is free from hazards that could cause serious injury or death. The Occupational Safety and Health Administration (OSHA) requires employers to follow safety standards and provide protective equipment when necessary. If workers are exposed to dangerous conditions, a lawyer can assist with:

• Reporting violations to OSHA or state/local authorities
• Filing claims for workplace injuries
• Obtaining compensation or corrective measures through legal channels

Employees are generally entitled to workers' compensation benefits if they are injured in the workplace. These benefits may also address occupational diseases or health conditions that are related to the work a person has performed. Regardless of who was at fault, an employee can typically receive benefits that will address their medical treatment and provide compensation for temporary or permanent disabilities. Employers are prohibited from firing or retaliating against workers for reporting workplace injuries or filing workers' compensation claims.

Fair Wages

Employees must be paid in accordance with applicable wage and hour laws. These laws detail the minimum wage that must be paid, and they also require employers to provide overtime pay for non-exempt employees who work more than 40 hours in a week. Employers are required to pay wages in a timely manner, and they are not allowed to require employees to perform unpaid labor. An attorney can help workers recover unpaid wages, address unlawful deductions by employers, and address concerns related to worker misclassification.

Protection Against Retaliation

Employers are not allowed to retaliate against employees for engaging in legally protected activities, which include:

• Reporting discrimination or harassment
• Filing workplace safety complaints
• Requesting accommodations for disabilities
• Participating in whistleblower activities
• Taking family or medical leave

If an employer demotes, terminates, or otherwise punishes an employee for asserting their rights, a lawyer can help hold the employer accountable.

Accommodations for Disabilities

The Americans with Disabilities Act (ADA) requires most employers to provide accommodations to help ensure that employees with disabilities can perform their duties correctly. Reasonable accommodations must be made unless this would lead to significant financial losses or other forms of hardship for the employer. These accommodations may include modified work schedules, adjusted duties, or physical changes to the workplace. A lawyer can help negotiate accommodations, challenge denials, and pursue claims when an employer fails to comply with the law.

Family and Medical Leave

Eligible employees may take up to 12 weeks of unpaid leave under the Family and Medical Leave Act (FMLA) for certain medical or family-related reasons, including the birth or adoption of a child, to receive treatment for serious health conditions, or to care for a seriously ill family member. An attorney can ensure that employees are informed of their FMLA rights, challenge unlawful denials of leave, and address adverse employment actions related to leave.

Employer Rights and Employment at Will

While employees have significant protections, employers also have important legal rights that allow them to manage their workforces and operate their businesses effectively. In most states, the principle of employment at will governs the employment relationship. This means that, in the absence of a contract or collective bargaining agreement, either the employer or employee can end the employment relationship at any time, for any lawful reason or no reason at all.

Employment at will offers several protections for employers, including the ability to:

• Terminate employees who are not meeting performance expectations
• Change job duties, compensation, or work schedules (within legal limits)
• Maintain control over business operations and employee conduct
• Protect proprietary information through confidentiality and non-compete agreements

However, employers must ensure that decisions are not made for discriminatory or retaliatory reasons, which would violate state or federal laws. An employment law attorney can help employers develop lawful employment policies, defend against wrongful termination claims, and respond to administrative charges or lawsuits filed by current or former employees.

Contact Help From an Employment Law Attorney

Legal issues affecting employees and employers can disrupt careers and businesses. Whether you need to address claims of unfair treatment, negotiate employment contracts, or ensure compliance with labor laws, an employment law attorney can provide the support and advocacy needed to protect your rights.