Some Key Practice Areas Of Employment Law Attorneys

In many areas, there is an overlapping of the State and Federal laws. While the Federal Law allows the states to formulate their own laws or statutes to protect the rights of employees, it also ensures that protection does not fall short of the standards set by it. The Federal Law lays down some basic standards for minimum wages, overtime rights and workplace safety for most employees in both private and public sectors. At the same time, it permits the State Law to build on these basic laws and lay down more stringent standards. Whatever be the Law, both are designed to provide maximum protection against employment discrimination.

According to Federal and state statutes, it is illegal for employers to discriminate against employees on the basis of race, age, gender, religion, sexual orientation, disability, citizenship, or nationality. Any act of discrimination with respect to terms and conditions of employment, or termination of employment calls for an employment discrimination lawsuit.
A legal claim exists even if the employee has had to put up with unjust situations such as disciplinary action, demotion, sexual harassment, or being unjustly overlooked for promotion. Retaliation by employer when the employee stands up for his or her rights also constitutes illegal treatment. If a person has reasons to believe that his rights as an employee have been violated, the best course of action would be to consult a skilled Employment Law Attorney, who can advise him on how to protect his rights and get adequately compensated for discrimination claims.

Sexual Harassment

This constitutes two types of claims. One is termed as 'hostile environment', and occurs when a co-worker or superior's comments or actions of a sexual nature significantly affects the workplace environment. In most cases, for the employer to be held liable, he must have received official notice of the harassment and failed to take necessary action to prevent it. The second type of sexual harassment claim is termed 'quid pro quo', meaning 'this for that'. This occurs when a co-employee or supervisor offers some employment benefits in return for sexual favors, or threatens negative employment action in connection with a sexual favor. This kind of harassment needs no prior notice.

Whistleblowers Protection Act

State laws prohibits employers from terminating, demoting, suspending, or taking any other punitive or negative action against an employee because he or she reported, or made attempts to report to a government agency about violation of the law by the employer or company. For instance, an employee can raise claims for any retaliatory action associated with- reporting a workplace safety violation to the government authorities; for seeking a personal protection order against a co-employee; for making a report to the police department about a co-employee or customer; or for making a statement or testifying in court against a co-employee or superior. It should be remembered, however, that a whistleblower's claim has to be filed within 90 days.