Employment Law Request Form
Employment Law: Know Your Rights, Protect Your Future
Employment law protects employees from unfair treatment, unsafe conditions, and unlawful workplace practices. If you have experienced discrimination, retaliation, harassment, unpaid wages, wrongful termination, or other violations, an experienced employment lawyer can help you recover monetary damages, reinstatement, lost benefits, and policy changes—while holding your employer accountable.
Table of Contents
What Is Employment Law?
Employment law is the collection of federal, state, and local statutes, regulations, and court decisions that govern the relationship between employers and employees. Key federal laws include:
- Title VII of the Civil Rights Act (discrimination & harassment)
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Pregnant Workers Fairness Act (PWFA)
- Fair Labor Standards Act (FLSA)
- Family and Medical Leave Act (FMLA)
States often add extra protections—e.g., broader anti-discrimination categories, higher minimum wages, or paid family leave. Because many claims have strict deadlines (some as short as 180 days from the unlawful act), prompt legal advice is crucial.
1. Discrimination
Definition
Discrimination occurs when an employer makes decisions about hiring, pay, promotion, discipline, or termination based on a protected characteristic rather than merit or performance.
Protected Characteristics
Race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, citizenship status, age (40+), disability, genetic information, and—in many states—marital status, military status, and political affiliation.
Real-Life Examples
| Scenario | Violation |
|---|---|
| A 58-year-old manager is laid off while younger, less-experienced employees stay. | Age discrimination (ADEA) |
| A high-performing pregnant sales rep is removed from key accounts “until after maternity leave.” | Pregnancy discrimination (Title VII & PWFA) |
| A qualified applicant with a Middle Eastern surname never receives an interview despite matching all job requirements. | National-origin discrimination (Title VII) |
What to Do
Document each incident (emails, schedules, performance reviews), then speak with an attorney to file an EEOC or state agency charge and pursue damages such as back pay, front pay, and compensatory or punitive damages.
2. Retaliation for Protected Activities
Definition
Retaliation is any adverse action taken because an employee engaged in a legally protected activity—such as reporting discrimination, requesting overtime, filing a safety complaint, or taking FMLA leave.
Common Forms
- Sudden negative performance reviews after you complain to HR
- Pay cuts or demotion following a whistleblower report
- Exclusion from meetings or projects after filing a workers’ comp claim
Example
A warehouse worker alerts OSHA about unsafe shelving. Two weeks later, he is reassigned to an undesirable night shift. This is classic retaliation; he can seek damages for lost wages and emotional distress.
3. Harassment & Hostile Work Environment
Definition
Unwelcome conduct based on a protected characteristic that is severe or pervasive enough to create an intimidating, hostile, or offensive workplace—or a supervisor demands sexual favors as a condition of employment (quid pro quo).
Illustrative Cases
- Daily racial slurs in the break room that management ignores
- A supervisor repeatedly texting explicit photos to a subordinate
- Posters mocking employees with disabilities displayed in common areas
Employer Responsibility
Once management knows—or should know—about harassment, it must investigate and take prompt, effective action (discipline, training, policy overhaul). Failure exposes the company to liability for compensatory and punitive damages.
At-Will vs. Illegal Firing
While most U.S. employment is “at-will,” an employer cannot terminate you for discriminatory reasons, whistleblowing, refusing to break the law, exercising statutory rights (FMLA leave, wage complaints), or in violation of an explicit contract.
Examples
- A billing clerk is fired the day after notifying HR she intends to file an EEOC charge (retaliation).
- An accountant refuses to falsify financial statements and is terminated (public-policy violation).
Remedies
Reinstatement, back pay, lost benefits, emotional-distress damages, and sometimes punitive damages.
5. Wage & Hour Violations
Key Issues
| Violation | Real-World Example |
|---|---|
| Unpaid overtime | Retail assistant managers misclassified as “exempt” and working 55 hours/week without overtime pay |
| Below-minimum wage | Restaurant deducts full credit-card processing fees from tipped workers’ pay, dropping them below tipped minimum |
| Off-the-clock work | Tech staff told to boot up computers 15 minutes early “off the clock” each morning |
Your Rights
The FLSA requires at least the federal (or higher state) minimum wage and overtime at 1.5× regular pay for hours over 40 in a week (unless a true exemption applies). Victims can recover double (liquidated) damages plus attorney fees.
6. Family & Medical Leave Act (FMLA) Violations
Eligibility Snapshot
Employer: 50+ employees within a 75-mile radius
Employee: 12 months of service & 1,250 hours worked in the prior year
Leave Uses
Serious personal health condition, childbirth, adoption, or caring for a spouse, child, or parent with a serious condition.
Common Violations & Examples
Denial of leave: HR refuses FMLA leave for surgery recovery, insisting employee use PTO instead.
Interference: Supervisor pressures worker to return early from bonding leave, hinting at demotion.
Retaliation: Employee is terminated three weeks after returning from FMLA leave, citing “budget cuts” contradicted by new hires.
Relief
Reinstatement, lost wages, liquidated damages (double back pay), benefit restoration.
7. Failure to Accommodate Disabilities or Pregnancy
Interactive Process
Once an employee requests accommodation, employer and employee must engage in a good-faith dialogue to explore reasonable solutions.
Reasonable Accommodations
Sit-stand desk for a worker with chronic back pain
Remote work for an immunocompromised employee during a flu outbreak
Light-duty assignment and extra breaks for a pregnant warehouse associate (PWFA)
Undue Hardship
An accommodation may be refused only if it causes significant difficulty or expense relative to the employer’s size and resources. Merely preferring not to make changes is not a valid reason.
8. Contract Disputes
Severance Agreements
Employers may condition severance on signing a broad waiver of legal claims or non-disparagement clause. Courts often scrutinize overly restrictive provisions, particularly if they prevent whistleblowing.
Non-Compete & Non-Solicitation
Many states—and the Federal Trade Commission’s proposed rule—are limiting or banning broad non-competes. A clause that bars you from working in your field for two years across an entire state is likely unenforceable.
Commission & Bonus Plans
Employers sometimes alter plans mid-year or delay payments hoping the employee quits. Contracts, offer letters, and past practice often provide legal grounds to recover the full amount owed.
Next Steps & Free Consultation
If any of these circumstances sound familiar, time is critical. You may have as little as 180 days to preserve your rights. Complete our short contact form now for a free, confidential consultation with an experienced employment law firm. We’ll evaluate your situation, explain your legal options, and fight to secure the compensation and justice you deserve—so you can focus on your future.
Take Control of Your Workplace Rights—Contact Us Today.