Employment Law
Employment Law/Discrimination/Wrongful Termination
Have you been wrongfully terminated from your job?
Are you being treated unfairly at work?
Are you being discriminated against because of your gender, disability, race, age, religion, or national origin?
If so, Colosimo, Patchin, Kearney & Brunfelt, Ltd. can help you
determine whether your legal rights have been violated and seek damages
accordingly.
Employment Law covers a broad range of legal rights and restrictions
governing the relationship between employers, employees and unions.
Chief among them is the prohibition against workplace discrimination.
Whats more, retaliation against any person for speaking out against any
practice prohibited by statute is also prohibited.
The purpose of retaliation and whistleblower laws is to encourage
employees to speak out against workplace practices prohibited by
statute, including employment discrimination, failure to pay overtime,
OSHA or health violations, workers' compensation, and orders to commit
illegal actions such as falsifying documents or filing fraudulent
claims.
Retaliation can take many forms, including:
Hostile work environment or harassment by supervisors or coworkers
Unwarranted disciplinary action
Demotion, wage reduction or unwanted transfer
Wrongful discharge or firing
Failure to promote or unjustified negative evaluations
Failure to process or mishandling of workers' compensation claims
Retaliation and whistleblower laws allow employees to raise concerns knowing they have recourse should they be adversely treated for doing so, including employees who raise concerns on behalf of others. You need not be the employee who has been harmed to speak up and be protected by the law.
Employees who have experienced workplace retaliation may be entitled to compensation for lost wages, attorney fees and other damages.
Employment contracts and severance agreements
Employment contracts form the basis for employment relationships, and
are essential to laying the foundation for executive and professional
staff contracts, as well as small business and shareholder agreements.
They formalize what is discussed in the hiring process, and generally
cover the term of the contract (set or indefinite) with provision for
termination "for cause," and severance conditions and provisions (for
example, change in ownership or control of the company). Compensation
and benefits, including rate and frequency of pay, bonuses, health,
retirement and disability benefits are also specified; as well as
holidays, vacation and personal time off. Other provisions might
provide for the use of a company vehicle, cell phone and other
equipment, and reimbursement for business expenses.
A well-drafted employment contract can protect both the employee and
the employer from later disputes.
Wrongful Termination
Wrongful termination can happen as the result of discriminatory
or retaliatory practices described above, or it can arise out of "breach of
contract" in cases where a signed employment agreement exists. In
either case, a Colosimo, Patchin, Kearney & Brunfelt, Ltd. attorney can
help you determine how best to proceed.
Separation agreements
If you are in a situation where your employer has offered you
severance compensation in exchange for signing a separation agreement --
whether for early retirement or
for any other reason -- and that agreement provides a blanket release
asking you to waive all future claims against the employer, have the
matter reviewed by a qualified employment law attorney at Colosimo,
Patchin, Kearney & Brunfelt, Ltd. You may be entitled to protections
and benefits you don't want to unknowingly give away.
Colosimo, Patchin, Kearney & Brunfelt, Ltd. attorneys have substantial experience with federal and state employment laws governing the employer-employee relationship and are aggressive advocates for employees who have been victimized by their employers.