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Employment Law

  • Have you been wrongfully terminated from your job?
  • Are you being treated unfairly at work?
  • Are you being discriminated against because of your gender, creed, marital status, disability, race, age, religion, sexual orientation or national origin?
  • If so, Colosimo, Patchin, & Kearney, Ltd., Business Litigation Lawyers of Virginia, Minnesota 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. What's 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 & 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, Ltd. attorney experienced in Business Law from Virginia, Minnesota 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 Lawyer at Colosimo, Patchin, & Kearney, Ltd. You may be entitled to protections and benefits you don't want to unknowingly give away.

Colosimo, Patchin, & Kearney, Ltd. of Virginia, Minnesota's attorneys have substantial experience with federal, state and corporate laws governing the employer-employee relationship and are aggressive advocates for employees who have been victimized by their employers.


 

For more information, please contact us today at 218-741-4500.