Overview

Employment law is a broad field covering many aspects of employment, including forming and severing the employment relationship and dealing with the multitude of issues that may arise in between. The attorneys of Katz, Marshall & Banks have extensive experience and a record of success in handling a diverse array of employment law issues.

Wrongful Discharge

While an employer may generally terminate an employee for any reason or no reason at all, most states have established an exception to this rule when an employer’s action in terminating an employee violates the state’s “public policy.” Courts often look to the constitution and laws of the state, and sometimes to federal law and prior case law, in determining what a state’s “public policy” includes.

Retaliation

The same laws that prohibit discrimination on the basis of race, color, gender, religion, national origin, age, disability, and pregnancy also protect employees who either oppose unlawful discrimination or participate in an investigation or proceeding related to such discrimination. Whistleblower laws like the Sarbanes-Oxley Act and the False Claims Act also prohibit an employer from retaliating against an employee for making disclosures.

Employment Contracts

While most employees are “at-will,” some employees work under employment contracts. Because employers write employment contracts, they tend to be written for the benefit of the employer rather than the employee. In addition, negotiating — and sometimes simply understanding — complex provisions related to, for example, non-competition, compensation, and mandatory arbitration, is often difficult for an individual employee. Seeking the counsel of an attorney prior to signing an employment contract may avoid future problems and surprises for an employee.

Severance Negotiations

Just as it may be advisable to consult an attorney when negotiating and signing a contract prior to accepting employment, it may also be helpful to enlist a lawyer to assist with the transition away from an employer. Whether because of a layoff, resignation, or termination, the end of one’s employment often requires consideration of many important and sometimes complicated issues, like the continued payment of health benefits or the amount of compensation included as part of a severance package.

Family and Medical Leave Act

The Family and Medical Leave Act (“FMLA”) allows employees who meet certain criteria to take up to 12 weeks of unpaid leave to tend to their own or a family member’s serious health condition. The FMLA now also includes provisions allowing an employee to take leave to handle issues related to the deployment or return of a family member from military service.

Overtime Pay and the Fair Labor Standards Act

The Fair Labor Standards Act (“FLSA”) includes the requirements of a minimum wage ($7.25 per hour as of July 24, 2009) and overtime pay for employees who work more than 40 hours per week. Employees whose employers fail to meet the requirements of the FLSA may sue to collect the wages they are owed.

The attorneys at Katz, Marshall & Banks, LLP are nationally recognized experts in the field of employment law.  Contact the firm for an evaluation of your case with no further obligation.