Navigating the world of employment laws can sometimes feel overwhelming, but it is imperative both employers and employees understand their rights and obligations as it pertains to the workplace. Working with an attorney experience in employment law and employment litigation can help clients make informed decisions, solve conflicts, and overall create a positive work environment. There are many facets and aspects regarding employment law, but in this article we will hone in on labor and employment litigation. We will dive deep into what exactly it means, common causes for employment litigation, and the benefits of working with the right team to achieve a successful resolution.
Understanding Employment and Labor Law
Before we dive into the world of employment litigation, it is important to lay the groundwork on what employment and labor law is. It is an area of the law that includes every aspect of the employee/employer relationship. There are a wide range of laws that cover employment including workplace safety, wages, pensions, unemployment compensation, among others.
What Is Employment Litigation?
Simply put, employment and labor litigation refers to a situation where an employee files a lawsuit against an employer for illegal or unjust activity in the workplace. This occurs when an employer does not meet the standards of conduct in place to ensure equal opportunity, safety, and fair compensation. Employment litigation is the process of taking legal action against an employer for discrimination in the workplace, harassment, or other illegal or unjust practices.
Common Reasons for Employment Litigation
There are many reasons to bring forward litigation against an employer, and The Saade Law Firm, P.A. has a team of attorneys ready to be your advocates. One of the most common reasons is wrongful termination, which can look like a variety of things. There are a specific set of guidelines that protect a person from being terminated from their job in violation of state or federal laws. An employee can bring forward a wrongful termination case if they were fired under the below circumstances:
An employee cannot be terminated or discriminated against based on age, race, gender, ethnicity, sexual orientation, religion, disability, marital status, pregnancy, or veteran status.
Breach of Contract
This occurs when the employer breaches the terms of the contact. For example, firing an employee before the end of their contractual period or not providing agreed upon compensation.
An employer cannot terminate employment as retaliation for participation in legally protective activities. This includes taking disability or medical leave, reporting discrimination in the workplace, joining a union, among others.
It is important, however, to keep in mind that many states in the US, such as Florida, have at-will employment. This allows an employer to fire an employee for almost any reason and where there are no substantial set of rules or laws regarding the terms, benefits, and expectations in their working agreement.
Another reasons to bring about litigation is sexual harassment. This involved any unwanted or unwelcome behavior of a sexual nature, including verbal, physical, or visual behavior. This type of behavior creates a hostile work environment where employees cannot perform their job effectively. Other cases for employment litigation include but are not limited to: wage, hour, and overtime violations, failure to provide leave of absence, salaried worker violations, and employment contracts and severance agreements.
Work With An Experienced Employment Attorney
Employment violations occur every day in the United States, and many workers lack understanding of their employee rights. The role of an employment lawyer is to provide legal counsel and representation to workers who have experienced any of the above mentioned situations. The attorneys at The Saade Law Firm, P.A. will protect client’s rights and ensure they get the compensation and justice they deserve. Here are three reasons why you should work with an employment lawyer:
- Protect from Wrongful Termination
Saade Law reviews the facts of the case and develops a personalized legal strategy to obtain favorable results in court. We can also help guide clients on potential damages that may be available after wrongful termination such as lost wages.
- Defend Against Workplace Retaliation
Retaliation refers to action taken by an employer intended to punish an employee from engaging in protected activities. Acts of retaliation include firing, demoting, giving unfair performance reviews, among others.
- Review and Negotiate Contracts and Agreements
Support reviewing and signing legal documents and contracts usually required before employment starts at a new company or accepting a promotion.
The team at The Saade Law Firm, P.A. has vast experience dealing with employment litigation cases and acts as zealous advocates for clients. In addition to employment litigation services, the team is prepared to offer a wide range of legal services including intellectual property law, corporate law, hospitality law, and more.