Employment Law Attorneys

Wrongful termination, or a “wrongful firing,” is an employer’s decision to terminate an employee that violates the law. For this action to be considered wrongful termination, it must violate federal or state laws protecting employees from termination for asserting certain wage claims or reporting discrimination based on race, gender, age, disability, and other protected characteristics. Additionally, under state labor laws, a contract between the employer and employee making specific promises regarding job security must be fulfilled, or it could also constitute wrongful termination.

Common examples of wrongful termination that employment law attorneys can assist with include:

• Termination due to pregnancy or childbirth: Employers are prohibited from terminating a woman due to her pregnancy or childbirth status.
• Retaliation for filing a complaint: It is illegal for employers to retaliate against employees who file complaints about discrimination, harassment, or wage issues.
• Termination based on religion: Employers are prohibited from discriminating against individuals because of their religious beliefs and practices.
• Termination due to racial discrimination: Employers cannot terminate an employee solely based on race, ethnicity, or national origin.
• Termination due to age discrimination: The Age Discrimination in Employment Act (ADEA) protects individuals over 40 from being explicitly terminated because of their age.
• Termination due to sexual orientation discrimination: The Equal Employment Opportunity Commission (EEOC) ruled that Title VII prohibits employers from terminating employees based on their sexual orientation or gender identity.
• Termination for reporting sexual harassment: The illegal act of firing or terminating an employee as a direct consequence of their decision to report incidents of sexual harassment in the workplace, which violates their legal rights to a safe and respectful working environment.

Workplace harassment includes many forms of unwelcome conduct that creates a hostile work environment. It can come in many forms, including physical contact or verbal abuse, intimidation, or discrimination based on protected classes such as gender, race, religion, or ability status. It is crucial to have appropriate protections in place to prevent and address these instances. 

Workplace harassment may include offensive language and jokes that are hurtful or create an intimidating workplace atmosphere. Examples of workplace harassment can range from teasing to blatant racial or sexual hostility. It’s important to remember that even if the harasser is joking about the issue, it’s still considered inappropriate behavior. 

Additional examples of workplace harassment include:

• Unwanted sexual advances
• Unfairly disciplining an employee due to their protected class
• Requesting sexual favors in exchange for benefits at work
• Making inappropriate comments or jokes about a person’s appearance, lifestyle, or beliefs

Our experienced employment law attorneys handle workplace harassment cases. We understand the complexity of these situations and will help you build a strong case against workplace harassment. We’ll also provide guidance on the best legal strategies and help you seek justice for any mistreatment at your workplace. Our team provides support throughout every step if your employer doesn’t uphold fair labor standards and ensures your rights remain protected.

Employers must pay non-exempt employees time and a half for any hours worked beyond 40 in a workweek, including hourly, salaried, and contract workers who meet the legal requirements for overtime pay. Unfortunately, some employers attempt to get around the requirement by denying their employees fair wages or misclassifying them as “exempt” from overtime laws.

Misclassifying employees is a common form of wage theft that can result in workers missing out on thousands of dollars in overtime they are legally entitled to. Employers may also deny their workers overtime pay due to limited budgets or a lack of knowledge of the labor laws. In some cases, workers may not receive overtime pay because they are unaware of their rights or afraid to speak up against their employer.

All employers must understand their legal obligations and adequately classify their employees to be compensated fairly for hours worked. Furthermore, any employee who believes they have been denied overtime pay should seek legal representation from an experienced employment law attorney who can evaluate the facts of the case and advise on how best to proceed.

Employer greed is typically the reason why employers do not pay their employees earned wages.  Additional reasons some employers don’t pay their workers overtime include:

• Misclassifying non-exempt employees as exempt from overtime laws
• Limited budgets or lack of proper labor law knowledge
• Employees are unaware of their rights or afraid to speak up against their employer
• Needing to save money on payroll costs and avoid paying taxes
• Intentionally disregarding labor laws or regulations
• Misunderstanding complex classification requirements
• Paying a “day rate” with no overtime

One way to recover compensation for lost wages is through filing a claim with the appropriate state or federal labor law agency. These may include the Equal Employment Opportunity Commission (EEOC), the Department of Labor, or similar organizations. Depending on the state in which you live, additional options may be available, such as filing a lawsuit against your employer or engaging an employment lawyer.

If you are considering filing a claim, it’s important to understand that recovering lost wages can often be complex and time-consuming. It’s also essential to note that depending on the nature of your case, deadlines for filing claims can vary significantly from one state to another. Therefore, it’s best to seek legal advice from one of our experienced employment law attorneys, who can help ensure that any damages owed to you are properly included in the claim.

Although documentation of your hours worked and pay received are critical to a wage and hour claim, it does not mean you need to possess all of you payroll documents to pursue a claim. The attorneys at Bohrer Brady, LLC can obtain your pay records to evaluate and file a lawsuit if necessary.  Employers are required to maintain your pay records.

Employee misclassification is a problem in several industries and can affect workers’ pay. It occurs when an employer incorrectly classifies an employee as something other than what they are, such as exempt from overtime pay or as an independent contractor, instead of hiring them as a full-time employee. Therefore, the employer denies the rights and benefits to which the employee is legally entitled, such as minimum wage and overtime pay.

Employer retaliation is when an employer punishes or threatens to punish an employee for exercising their rights under the law. Retaliation includes demoting, suspending, or firing employees who have complained about illegal activity in the workplace, filed a claim with a state or federal labor agency, taken time off for medical leave, or asserted their rights under state or federal law for unpaid overtime. Retaliation can also take other forms, such as threatening to reduce hours, withholding benefits, refusing to promote qualified applicants, providing negative references to future employers, and harassment or other intimidating conduct such as verbal or physical threats.

Retaliation is often used as a punishment against employees for challenging an employer’s unlawful practices. In addition to employment termination and wage reduction, employers may retaliate by creating a hostile work environment or providing differential treatment to the employee. It can be challenging to prove and often requires a knowledgeable employment law attorney to assess the facts and identify violations.

Employers who engage in retaliatory practices may be subject to civil lawsuits for damages caused by their actions. Employees who experience retaliation have legal remedies available, including filing a complaint with the appropriate state or federal agency and seeking legal representation from a skilled employment law attorney. Employees need to understand their rights so that they can take steps to protect themselves against unlawful employer retaliation.