Sexual Harassment
A fine line exists between what constitutes sexual harassment and innocent interaction between the sexes. An isolated request for a date or phone number is not harassment, even if at work, and, in some instances, vulgar comments may not be either. Stalking and unwanted touching almost always are. There is, of course, a broad gray area. Each case needs to be evaluated carefully to determine whether grounds for suit exist. Sexual harassment does not always have to be committed by a supervisor or superior. Co-workers, employees, and even customers may engage in behavior which qualifies as illegal sexual harassment. A harasser can be either male or female; the law recognizes no difference between the sexes with regard to illegal harassment… 
Employment Discrimination
Employment discrimination refers to any unfair treatment in the workplace that is based upon age, disability, gender or sex, national origin, race or color, or religious beliefs in violation of state and federal anti discrimination laws such as Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967. Unfair treatment includes harassment, retaliation, and reverse discrimination. Some workers experiencing national origin discrimination may also experience other forms of illegal discrimination as well, such as discrimination based on immigration or citizenship status discrimination, race or religion…
Unemployment Compensation
In our current economic environment, more people than ever are without work. If you have recently lost your job, you are likely eligible for unemployment benefits. If your initial claim for benefits was denied, however, an experienced employment lawyer can help you prepare a compelling claim for benefits at a hearing or appeal. Unemployment compensation is insurance which protects you from total income loss if you lose your job through no fault of your own. If you qualify for benefits, you will receive weekly checks and help in locating other employment. While it is certainly possible to get unemployment in a variety of scenarios it is important to understand that the laws regarding Unemployment do not cater to morals and feelings. Often times, claimants feel that they have been wronged in some way by their employer, subjected to impossible working conditions, discriminated against…
Hours, Wages and Overtime
The overtime law states that all employees who are not exempt from the Fair Labor Standards Act (FLSA) must be paid at a rate of one and one half times their regular rate of pay for all hours worked in excess of 40 hours in any workweek. Although this sounds like a simple rule, it’s far from simple. In fact, the overtime laws are incredibly complex, and there are a number of arcane rules and broad exemptions that employers often rely on in an attempt to avoid their obligation to pay overtime. As a result, unpaid overtime is one of the most frequent sources of employee complaints, and overtime class action cases are probably the fastest growing type of employment litigation in our federal court system. Every year employers in the United States underpay their employees by literally billions of dollars. Nearly every American worker is eligible to be paid (1) minimum wages, which are currently $7.25 per hour, and (2) overtime wages of one-and-one-half times their regular hourly…
Wrongful Termination
Fear of losing your job is a powerful motivator, especially in today’s unsettled economy. Fear can keep good, honest people from reporting harassment or discrimination in the workplace. Fear can keep employees silent in the face of employer wrongdoing. An employer who wrongfully terminates an employee may face statutory penalties or may be made to pay damages (including a severance package or unemployment compensation) to cover the employee’s lost wages and possibly additional expenses. In some cases, an employer may be forced to pay punitive damages (monetary reward to the plaintiff as punishment for the defendant’s wrongful act). Wrongful termination claims on the part of the employee often go hand in hand with discrimination or harassment accusations. Claims of employer retaliation are one…
