The Americans with Disabilities Act (ADA) prohibits discrimination against all people with disabilities, especially where employment is concerned. ADA accommodation lawyers are employment lawyers that work specifically to identify and counter disability-based discrimination, ensuring that reasonable accommodations under the Americans with Disabilities Act are made by employers. However, the definition for «disability» under the ADA is very specific, and many employer defenses to disability discrimination charges exist.
Employment contracts are binding, written agreements between an employer and an employee. They usually contain binding terms regarding employment, salary, benefits, covenants not to compete («non-compete») agreements, protective rules about trade secrets, and non-disclosure agreements. Breaching an employment contract can mean paying out damages to your company, but employment lawyers can provide several defenses to breach of employment contract if you find yourself overwhelmed.
Employment discrimination on the basis of race, sex, national origin, age, religion, disability, and/or pregnancy is illegal in all states, and even unintentional discrimination can land an unaware employer in legal hot water. But in spite of awareness of discrimination laws, establishing an employment discrimination case can be a difficult task. The Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws.
Pensions and Benefits
Pensions and benefits are two vital considerations for employees preparing to accept a new job. Benefits are received by an employee that is currently working for a company-medical insurance and vacation days are two common items in this category. Pensions, on the other hand, include money or benefits received after retirement-usually through contribution to a 401k or similar benefit plan. ERISA protection for employee benefits plans establishes a mandatory minimum for U.S. employees.
Most United States citizens already recognize the illegality of sexual harassment in general sense and in the workplace, but few are familiar with the myriad types of sexual harassment that exist. Education is the first step to avoiding sexual harassment and becoming aware of your interactions with coworkers and classmates. Unfortunately, false sexual harassment claims can be just as damaging as genuine ones, and should be discussed with qualified employment lawyers.
Wages and Overtime Pay
Wages and overtime pay cases are generally handled by Fair Labor Standards Act lawyers (FLSA lawyers). The FLSA is responsible for the establishment of a federal minimum wage, and for the 40-hour definition of a «full-time» work week. Laws varying from state to state act outside the FLSA to set standards for rest and meal breaks, pay day requirements (the frequency with which employees are paid), and the legality surrounding a decrease in pay.
Workplace disputes are an inevitable part of any work environment, with a number of those disputes revolving around issues of privacy. It is always best to start by looking at the rights set forth in your employee handbook. The majority of workplace communications are not private: telephone and voicemail privacy at work is limited and workplace email privacy is often completely unprotected. However, employee privacy during off-work hours is almost always defensible, and knowledgeable employment lawyers can help you defend your right to privacy if an employer acted invasively.
While most states have adopted «at-will» employment laws-meaning that employees can be hired or fired at will-wrongful terminations still occur when an employee is fired for an illicit or discriminatory reason. Retaliatory discharge, in which an employee is fired for exercising his or her rights, is just one example of wrongful termination. Employees are also protected from being fired on the basis of discrimination, for refusing to commit an illegal act, or for taking protected family and medical leave.