If you have an employment dispute that requires litigation, then you have come to the right place. USAttorneys.com has plenty of qualified employment lawyers who pride themselves on their reputation for successfully representing a wide array of employment cases, including cases of discrimination, employment contracts, harassment, non-compete, retaliation, whistle blower, and wrongful termination.
Regardless of your situation, chances are you may feel in over your head. If this is the case, take a minute to read through the answers to some of the questions you may be asking:
What is collective bargaining?
Collective bargaining is a term for a series of negotiations between both a group of employees and an employer so they can establish the terms of employment. The main objective is to come up with a collective agreement that everyone agrees upon.
When it comes to the body of law that governs collective bargaining, that is where the National Labor Relations Act (NLRA) steps in. This act gives employees the right to both join trade unions, as well as collectively bargain. It also requires the employer to bargain with whoever the employee’s representative is.
State laws regulate collective bargaining, as well as make collective agreements enforceable under state law. They may also offer guidelines for employers and employees who are not covered by the NLRA.
Should I negotiate without an employment attorney?
It is not recommended to negotiate without an employment attorney present. By doing so, you run the risk of losing the opportunity for agreements such as severance. While some states allow employers to offer their employees severance, they are not required under law to agree to them. Therefore, the amount of severance you receive from an employer requires careful negotiation that an employment lawyer will best be able to help you with. It is important to know what rights you have so you can negotiate a contract that allows you to work within the restrictions of these rights, which is where USAttorneys.com steps in.
How do I prove that I have been discriminated against?
Do you believe that you have been discriminated against in the work place? Then more likely than not you will need an employment attorney. Throughout the first few meetings with your employment lawyer, you will need to explain your discrimination claim, as well as show documents that relate to the claim.
It does not matter what the underlying reason is for you deciding to make a claim; the more informed you are on how to prove you were discriminated against in the workplace, the easier it will be to prove the validity of your claim.
Some items that could make or break your workplace discrimination claim include:
- Company Policies or Employment Handbook: A lot of employers give out employment handbooks to their employees. Generally, these handbooks include an anti-harassment or anti-discrimination policy. Also, employers may post anti-harassment or anti-discrimination policies in common areas at work, such as in the lunchroom or in the locker room. If this is the case, then any of these documents could greatly help your employment attorney fight your claim. When you go to your employment lawyer’s office, bring a copy of any posted policies.
- Journal Entries: If you have been discriminated against in the workplace, then many people find that it helps to keep a written log of any incidents that happen. Journal entries could include information such as the date, time, and location of the discrimination, as well as a description of the illegal act and the names of any witnesses that were present.
- Medical Records: If you have developed a medical condition as a result of the harassment, then your employment attorney will need to have documents supporting this information. If you do not have a copy of your medical records, then then you should give the names and contact information of the healthcare professionals you have been seeing to your employment lawyer.
- Mental Health Records: Much like if you have developed a medical condition as a result of the harassment, then you also need to let your employment attorney know if you had to seek mental health counseling as a result of the discrimination you experienced at the workplace. Since this could ultimately affect what damages you are entitled to recover, make sure to provide copies of this information to your employment lawyer, or provide the name and contact information of healthcare professionals you sought help at.
- Pay Records: If you have been absent from work as a result of the discrimination you experienced, then you should give your employment attorney copies of your pay records. This way, your employment lawyer can also work toward recovering your lost wages as damages. In order to prove your loss of income, you will need to show proof of the difference between your earnings before the discrimination happened, and your earnings after it had started. If you do not have copies of these documents, then your employment lawyer should be able to get them from your employer.
- Personnel File: Your employment attorney will need to develop an idea of your employment record if you claim you have been discriminated against in the workplace. This record can include information such as if you had poor performance evaluations or disciplinary warnings. If you do not have a copy of your personnel file, then your employment attorney will be able to recover it from your employer on your behalf.
- Physical Evidence of the Discrimination: One of the most important things you can give your employment attorney is physical proof of the harassment or discrimination. This can include inappropriate photos, or if you were denied housing because you are a member of a protected class. Always keep physical evidence of the discrimination you are experiencing in the workplace, as it may be one of the best ways to prove your case.
- Witness Information: If there were witnesses to the alleged discrimination, then your employment lawyer will find it helpful to provide them with a list of names and contact information. This way, your attorney will not have to waste valuable time tracking down people who can help your case.
Why do I need an employment lawyer?
Regardless of whether or not you are an employee or an employer, you may have certain responsibilities in the workplace, as well as certain rights. If you are unsure about what rights you may have, then USAttorneys.com is here to help.
Do you have questions about your employment and how you are being treated, or whether or not you are paid the amount you deserve? Or are you an employer who is looking for help with an employment-related issue? The our employment attorneys will be able to provide you with a team of legal professionals who are dedicated to providing expert legal representation personally catered to each individual client’s case.
Did You Know That:
- In Alaska, school bus drivers must be paid at least TWICE the minimum wage?
- In Montana, the “At-Will” Employment doctrine has been completely eliminated?
- In Wyoming, you cannot be discriminated against because of off-the-job use of tobacco?
- In Arizona, you cannot be discriminated against because of your religious or political beliefs?
- In Michigan, you cannot be discriminated against because of your height or weight?
- In Florida, the Minimum Wage is increased annually based upon a cost of living formula?
- In Minnesota, you do not begin to earn overtime pay until after 48 hours in a week?
- In Rhode Island, time and one-half premium pay is required for working on Sundays and holidays?
- In New Mexico, wage deductions are not allowed to be made for breaks that are less than 30 minutes?
Our Labor and Employment attorneys know this and MORE! See below the map for additional information about your employment rights!
Have You Suffered From Illegal Discrimination?
If you believe you have been discriminated against by an employer, labor union or employment agency when applying for a job or while on the job because of your race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information, you may file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).
All laws enforced by EEOC, (Title VII of the Civil Rights Act (Title VII), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Genetic Information Nondiscrimination Act (GINA), except the Equal Pay Act (EPA), require filing a charge with the EEOC before a private lawsuit may be filed in court. Once the EEOC grants you a Notice of Right-to-Sue, your lawsuit can begin. Beside the Federal laws, each State has additional categories of people who legally cannot be discriminated against. You will find them on this website on the State page for where you work. Let our experienced Labor and Employment attorneys help guide you through this complicated process!
The first thing to know is you must act FAST! Contact us as soon as possible to find a Labor and Employment lawyer! According to Federal law, you only have 180 calendar days to file a lawsuit. from the day the discrimination took place. (Holidays and weekends are included in the calculation, although if the deadline falls on a weekend or holiday, you will have until the next business day.) There are some exceptions according to which State you work in that can raise the deadline to as much as 365 days, but you need to know the specific deadline rules for the State your employer is in. They are all in this website!
In every State, there are also additional categories of people that employers may not discriminate against. Examples of State protected classes include: disabled persons use of guide, hearing or service dog, military status, lie detector test, domestic violence victim status, etc. These are just a few examples. You can find the exact rules for each of the 50 states plus the District of Columbia on this website! Just click on the state!
Is Your Employer Breaking State Work Rules
and Costing You and Your Coworkers Time and Money?
Many employers blatantly break State Work Rules because they (a) think their employees are ignorant of the facts and (b) want to save money for themselves. On this website, you can find out everything about the State Work Rules in the State you work in. If your employer is violating some of them, you have legal recourse!
Examples of State Work Rules include:
Equal Pay for Equal Work Between Women and Men. It doesn’t have to be the same exact job title to make it discrimination. It can also mean work requiring equal skills, effort and responsibility, under similar working conditions. Find out the specifics on this website for the State you work in!
Find ALL the State Rules on the Different Minimum Wages, including exceptions and additions for each State. Here are the types of Minimum Wage rules: State Minimum Wage; Tipped Minimum Wage (including State specific rules about the need for your employer to make sure you earn the State minimum wage each hour and make it up to you if you don’t earn enough tips); Under 20 Minimum Wage; Student Minimum Wage; and Minimum Overtime Wage, including WHEN you should start receiving overtime pay. Is it after 8 hours of work in a single day? Is it after 40 hours of work in a single week? Find out on our website NOW!
Meal and Rest Breaks. Does your State have laws requiring your employer to give you meal and rest breaks? Do you know what they are? Huge Class Action lawsuits over this and other broken Work Rules have won millions for employees! Employees of smaller employers have also been properly compensated. But you need to know what the rules are for the State you’re employed in. And you need a lawyer who is knowledgeable about Labor and Employment law to help you! Get both on this website!
Final Paychecks. A lot of time employers aren’t fair with people when it comes to giving them their final paycheck when they are let go or when they resign. Employers think they can make their own rules and some are outrageous. We know of a New York employer who said he would give the final paycheck six months after the employee resigned! That is against the law! But how do employees begin to know what the law is for the State they work in? Read it here on this website now by clicking on the State you work in!
Accrued Vacation Payouts at Separation from Employment. Here is another area where employers often do not follow State policy (or even the policy in their own Employment Handbooks). If you leave and are owed considerable vacation time and your employer won’t pay it, you can be out a lot of money. Find out what the law is for the State you work in now, once and for all!
Paid/Unpaid Sick Time: There are a few States and some Cities that have laws regarding an employer’s duty to provide either paid or unpaid sick time to their employees. Find out on this website what you are legally entitled to!
Discrimination and broken State Work Rules happen all too often. If it’s happening to YOU, fight it! If it’s happening to your coworkers also, they can fight along with you! Look at the page on this website for the State you are employed in and check whether your rights have been or are being violated, and if they are, CONTACT US NOW to find a Labor and Employment lawyer to fight for your rights!