Employment Attorney Case Study

Improved Essays
Do you have an employment litigation attorney on retainer? Employers are required, by law, to follow ever-changing state and federal employment laws. You want to spend your hard earned profits on building your business instead of paying fines or defending lawsuits. An employment attorney can help you do just that.

Why Do You Need to Hire an Attorney Now, Instead of Later?

Your employee handbook and training process fails to address sexual harassment. A new employee begins making unwanted sexual advances towards a co-worker. How do you respond?

You have an employee who is not performing to expectations and you fire him. He comes back and sues you for discrimination because he is a minority. You didn't document why you terminated him. What
…show more content…
And an employment attorney can help you make that happen.

The attorney can help you determine what kind of training you will need to provide all employees in regards to sexual harassment and discrimination. He can help you put together an employee handbook that reiterates the training and work rules.

Firing a worker is an area that sometimes brings claims of discrimination. Having a carefully crafted discipline and termination process for employees is essential to mitigate these kinds of claims. An attorney can help you build this process.

Classifying workers is another area that can be tricky for some businesses. They want to keep costs down and think that classifying all employees as salaried would do the trick. Misclassifying employees can get a business in big trouble. Consulting with an attorney would help avoid these kinds of problems.

What Happens if You Get Sued?

If a current or former employee decides to file lawsuit or make a claim with a government agency, you definitely need an experienced employment litigation attorney at your side. The attorney can help you through the entire process from start to finish. He can represent you at hearings and in the courtroom if

Related Documents

  • Improved Essays

    Allen Lopez Case Summary

    • 828 Words
    • 4 Pages

    The respondent cannot be legally fired for opposing or disliking the alleged unlawful employment practices. Title VII of the Civil Rights Act of 1964: “This law makes it illegal to discriminate against someone on the basis of race, color, religion national origin, or sex” (U.S. Equal Employment Opportunity Commission, n.d., para. 1). Private sector employees do not have First Amendment Right protection from retaliation nor does the freedom of speech apply (Workforce Fairness,…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    New Mexico Case Study

    • 5213 Words
    • 21 Pages

    555 P.2d 696 Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant. No. 10847.Oct. 27, 1976.…

    • 5213 Words
    • 21 Pages
    Great Essays
  • Improved Essays

    Grievant Carol Behrenbruch received and signed a modified job offer on June 15, 2016. The employee received a modified position based on the grievant physical limitations given by her selected physician. The union contends the grievant can do work in her bid position and should not receive a modified job offer with two hours in the Automation. Reviewing the grievant Employee Everything Reports from YrPPWk: 16-1 to 18-2 the employee is working the full scope of her bid job. There is no adverse or disruptive impact on the employee.…

    • 891 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Legal Analysis Union Pacific Did Not Discriminate Against Complainant on the Basis of Gender The Complainant raises two issues: 1) that she was denied a promotion and 2) dismissed from her position. She alleges that each of these events occurred based on her gender or for filing a prior complainant. She believes others were treated more favorably then she.…

    • 864 Words
    • 4 Pages
    Great Essays
  • Improved Essays

    1) To confirm that the supervisor's claims are true, who will you contact? What questions will you ask? What precautions should you take to assure that your investigation is confidential and legally defensible? Employee termination is not to be taken lightly and should be thoroughly investigated before approving the termination.…

    • 1761 Words
    • 8 Pages
    Improved Essays
  • Improved Essays

    Hussain was dismissed without cause and it is assumed that he does not have an employment contract with an enforceable termination provision, therefore he was wrongfully dismissed. When one is dismissed without cause, they are entitled to a termination notice or pay in lieu of notice, also known as severance pay. The notice period or payment in lieu of notice period is determined by looking at the employment contract, termination provisions in the ESA, and the common law. Since an enforceable termination clause is void, Hussain is entitled to reasonable notice of dismissal. Under the common law, some of the factors considered in order to determine reasonable notice are length of service, character of employment, employee’s age, and job tenure.…

    • 708 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    My name is Dan Kelly Maintenance I employeed for 5 years Witness Statement on behalf of Joy Wisneski 533-2015-001193 Wisneski V University Pitt at Greensburg The beginning of my employment was challenging William Franicola conveyed information on my employment application which cause a Hostile work environment. Sharon Smith, President at Pitt was a reference on my application he told fellow employees I would get full time over them or better working position.…

    • 72 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Since there is no identifiable employment harm (non-selection) at this time, AP can opt to withdraw the claim. He can file new claim, when he is not selected. He can also continue with his current claim. However, should he decide to file a formal complaint and still no final selection decision, the formal complaint will be dismissed as there is no employment harm.…

    • 83 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    Question 1: Identify and describe the specific issues Maalick encountered in the workplace. Do the actions of other workers at Trenton represent discrimination and harassment? What elements of law are important for Trenton to consider? Religious Discrimination & Harassment: Harassment and discrimination was evident in this case based on Maalick’s religion. Trenton has strong culture that provide avenues for employees to know what will and will not be accepted in relation to their behavior, workplace discrimination, and harassment.…

    • 1289 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    Kist 1 Protection for Employees The Fair Labor Standards Act is a federal law that lays out the foundation for minimum wage, overtime pay, recordkeeping, and child labor standards for all employees. This act assures that, for all hours an employee works that exceeds the 40 hours a week, they will receive overtime. The overtime pay is considered to be one and one-half times the employee’s regular wage. F.L.S.A. provides a set minimum wage that all employees are entitled to, unless the employee routinely collects tips.…

    • 806 Words
    • 4 Pages
    Improved Essays
  • Great Essays

    Importance Of Duty Of Care

    • 4284 Words
    • 18 Pages

    Hold the meeting to discuss the allegations and determine whether any action is needed to be taken 3. Allow the employee to appeal against any disciplinary sanction In addition to the process the employers should ensure the following: * Issues are dealt with promptly by both parties * Both parties should act consistently * Investigation should be carried out to establish the facts * Employees must be informed of the issue and given an opportunity to put forward their case * To allow employees to be accompanied for any formal hearing * To allow employees the right to appeal The right to be accompanied by a fellow employee or Trade Union representative only applies as part of the dismissal process or disciplinary procedures which may result in: a formal warning being issued, suspension without pay or demotion or dismissal, the confirmation of a warning or other disciplinary action eg appeal hearing. The right does not extend to informal discussions or counselling or meetings which may lead to disciplinary action.…

    • 4284 Words
    • 18 Pages
    Great Essays
  • Improved Essays

    Adverse Action Case Study

    • 658 Words
    • 3 Pages

    One of the biggest variations for the state of California is the time allowed for an employee to file against his employee. “The complaint filed with the board, shall be filed within 12 months of the most recent act of reprisal complained about.” (CAL. GOV. CODE § 8547.8) The state of California is very lenient giving the employee…

    • 658 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    In this country, people are presumed innocent until found guilty in a court of law. This is a basic right that is mandated under the law. However, innocent people that are charged with a criminal act still require legal representation in a court of law. Citizens in this country have a right to legal representation in court. A Toledo criminal lawyer will help to prove that the client is indeed innocent.…

    • 498 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Discrimination of race is present in politics through the places of work because people are getting fired for defending what they believe in as well as being judged for their opinions. In Newark, New Jersey a professor was fired for defending a blacks lives matter event. The administration said they were "immediately inundated with feedback from students, faculty and prospective students and their families expressing frustration, concern and even fear that the views expressed by a College employee (with influence over students) would negatively impact their experience on the campus”(Schmidt). This example shows discrimination of race because the school board made the decision to willingly fire a teacher because she went through with an interview…

    • 266 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Without taking proper action, sexual harassment can create a hostile work environment. I had a telephone interview with a former office manager who handled human resource management to discuss and ask some questions regarding the ethical dilemma of sexual harassment in the workplace. The questions asked were as follows: 1. How does the company define sexual harassment?…

    • 751 Words
    • 4 Pages
    Improved Essays