Employment Law Attorneys in Media, PA

Employees encounter difficulty in the workplace for many reasons, and some of them are quite serious. Employees sometimes fall victim to harassment or discrimination. Sometimes employees are not paid a fair wage or are not permitted the number of breaks required by law.

When it comes to employment law, state and local laws apply in addition to federal law. These additional laws are often even more strict than federal laws. Whether they relate to protected classes of workers or hour and wage requirements, managers must comply with federal, state, and local employment laws.

If you’re battling discrimination or illegal policies in the workplace, seek out a free legal consultation with an experienced employment law attorney to learn about your options.

Among the many issues an employment law attorney can help with are:

If an employer’s actions are illegal, you have the option of suing your employer. If you’re considering such a move, however, you need to know your rights as an employee. Let’s look at some of the key challenges an employment law attorney can help you resolve.

Sexual Harassment in the Workplace

Workplace harassment is not always obvious. When the lines of familiarity at work are blurred, employees often hesitate to speak out.

If you’ve experienced treatment you were uncomfortable with, but felt too unsure of yourself to speak up, try asking yourself the following questions:

Has my supervisor or boss implied or directly indicated that sexual favors will garner you a raise or promotion?

 If so, you are being sexually harassed, and it’s critical to get support to prevent it from continuing. This is a serious legal issue, and you have every right to speak up and protect yourself.

Discrimination in the Workplace

Discrimination is a common cause of workplace lawsuits. Federal and state laws dictate that It’s illegal for an employer to discriminate against employees based on:

People unsure of whether they are being discriminated against often wonder, “What does discrimination look like?” Here are some of the forms that discrimination takes:

Discrimination can take the form of coworkers making jokes about your appearance, age, race, sex, or religion that you are uncomfortable with. It could take the form of being treated poorly due to migration status or a medical or genetic condition. It is, however, illegal for an employer to discriminate based on these criteria.

While it is true that the law specifically states all U.S. employees must be eligible to work in the United States, the Immigration Reform and Control Act of 1986 (ICRA) prohibits discrimination based on immigration status.

In addition, an employer cannot discriminate against an employee based upon genetics and other medical information unrelated to the workplace in an allowable way according to the Genetic Information Nondiscrimination Act of 2008 (GINA).

Defining a Hostile Work Environment

A hostile work environment is one in which a boss, coworker, or supervisors make comments or act in ways that are unwelcome and leave you feeling uncomfortable, intimidated, or threatened. The type of behavior that creates a hostile work environment is likely to negatively impact your ability to do your job.

The caveat regarding this issue is, feeling stressed at work does not by itself mean you are being harassed or work in a hostile environment. If your workplace has become so difficult that you feel you cannot adequately perform your responsibilities, it’s important to reach out to our employment law attorneys in Media, PA. They have the experience and skill to help you determine whether your specific situation constitutes a hostile work environment.

Leave of Absence Rules

When it comes to family leave, the Family Medical Leave Act (FMLA) allows eligible employees to take time off for things like their child’s birth, adopting a child, and the care of a family member who has an illness. The FMLA also allows qualifying employees to take leave if a family member is called on for active military duty.

Military reservists and veterans can use leave time for armed services duty thanks to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The act protects against discrimination and retaliation when taking leave to serve in the military.

Whatever reason employees take protected leave, managers must treat them with respect and with the same consideration given to everyone else, without discrimination or penalty.

Breaks and Overtime

 The Federal Fair Labor Standards Act (FLSA) dictates that employers are required to pay eligible employees the federal standard for minimum wage at the very least. They must also pay overtime wages at the rate of time-and-a-half when eligible employees work more than 40 hours a week, and make sure these employees take adequate breaks.

Employees who are not eligible to earn at least the federal minimum wage or overtime are called “exempt.” Because the designation of being an exempt employee is made by human resources personnel, managers must be clear on whether an employee’s status is exempt or non-exempt before giving them extra assignments that will push their hours beyond 40 a week.

Maintaining Safety in the Workplace

Employers are required to maintain a safe workplace for employees, according to the Occupational Health and Safety Act (OSHA).  As a result, employees and their manager must be trained so they can adhere to safety standards. In addition, a manager may not prevent or discourage employees from taking the proper safety precautions.

Managers are not allowed to punish workers who make use of worker’s compensation for on-the-job injuries, nor can they punish employees who refuse to work when workplace conditions are unsafe. Employee safety must be made a priority over making deadlines and saving money.

Wrongful Termination

The most common reason employers are sued is wrongful termination, characterized by when an employee loses their job for reasons that are not legally legitimate. In such a case the terminated employee may seek compensation through a wrongful termination lawsuit.

Firing someone because they fall into a particular class (a specific age, gender, or race, for example), is a form of wrongful termination. Using termination as retaliation is also illegal. Examples of things employers might illegally retaliate against with wrongful termination are:

If you were fired for a reason you believe to be legally insufficient, you owe it to yourself to call the employment law attorneys in Media, PA to find out if you have grounds for a wrongful termination claim. 

Call Our Employment Law Attorneys in Media, PA Today

We hope this information has given you a better idea of how our employment law attorneys can help to protect your business from unfounded lawsuits. If you’ve been unfairly accused of discrimination, harassment, or illegal practices in your business, give us a call to schedule a free legal consultation. Let our experienced attorneys fight to protect your company’s bottom line and your reputation.