Sexual harassment . Illegal firing. Sexual harassment. These behaviors are illegal in the workplace, and if they happen to you, you should hire a good employment attorney.
Regardless of what kind of employment issue you’re facing, an employment attorney may guarantee your rights are represented. If you feel you’ve been wronged in the office by a boss or coworker, don’t act on your own. Get strong representation who knows how to follow correct legal channels.
The problems covered by employment law affect the way you live your life in the office every day. Under the law, you cannot be discriminated against, and you must be treated fairly.
Among the most crucial areas covered by employment law is unlawful job discrimination. Employers can’t discriminate against workers based on race, age, national origin, bankruptcy, citizenship, pregnancy, disability, gender, religion, military affiliation, genetic information or HIV/AIDS status. Other types of discrimination (height, for example) are allowed in most jurisdictions, but not discrimination against people in these twelve protected categories.
Unlawful job discrimination is covered by federal and, in many cases, state law. Many states have employment boards which hear complaints of job discrimination, as does the federal Equal Employment Opportunity Commission. The easiest method to navigate the agencies if you feel you’re wronged at work is to consult an experienced employment attorney.
Sexual harassment is another type of illegal behavior that employment attorneys handle regularly. This kind of conduct is covered by the same laws the protect against discrimination. Sexual harassment doesn’t need to be of a romantic or sexual nature; so long as it’s undesired and it is based on your gender, it matters.
Employment attorneys also represent employees who have been fired in breach of employment contracts. Employment contracts are uncommon in most parts of America, and most workers are “at will,” which means employers can fire them for any reason other than illegal discrimination. They’re most common among union workers, executives and professional sportsmen, celebrities and so on.
Contracts can be written, oral or implied, though it’s more difficult to enforce oral and implied contracts. When a breach-of-contract case arises, it’s usually as an employer believes it fired an employee for “good cause,” as required by their employment contract, while the employee believes there was no good cause. An employment lawyer may aid you if you had an employment contract and you think your employer breached it.
A very common source of trouble for employees and an increasing source of work for employment lawyers is the non compete clause. When an employee who has signed a non-compete clause leaves his employer, he can’t work in the same field for a predetermined time period or use information he gleaned from his previous employer.
These agreements, which provide a lop-sided benefit to companies, can leave employees stymied at the moment they most require work. Because of this they are banned in California, and their use is restricted in some other states.
If you’re researching employment law, odds are it is as you’re dealing with a stressful, complex workplace problem. Do not add to your strain by trying to negotiate your issue on your own. Talk to an employment lawyer to determine your legal rights and the greatest solution.