Best Employment Lawyers in Portland

FAQs

• What is the non-emergency contact number for the local police station in Portland, Maine?

  Contact the Portland Police Department at 207-874-8479 for non-emergencies.

• Where can I get a copy of police reports for incidents related to my case in Portland, Maine?

  Send mail to the Portland police's Records Division 109 Middle Street Portland, ME 04101. You can also go in person to the desk of the information officer in the lobby of the police station. Call the station at 207-874-8479 for more details.

• Can an employer in Portland require an employee to pay back any cash mistakes at work?

  An employer in Portland cannot require or permit an employee to pay back any cash mistakes. These mistakes can be due to cash shortages, product damage, credit card errors, and customer walkout. If an employee has further concerns regarding this matter, they can call the Maine Department of Labor at 207-623-7900.

• How do you take a Portland discrimination complaint to the Maine Human Rights Commission?

  You have to file discrimination complaints at the Office of the Maine Human Rights Commission, 51 State House Station, Augusta, Maine 04333-0051. Complete the Intake Questionnaire Form, which can be submitted online, by mail, or in person at the office. Note that the complaint must be filed within 300 days of the discrimination event happening in Portland. Call (207) 624-6290 for any questions about the process or send an email to request@mhrc.maine.gov.

• What are some of the laws that protect whistleblowers in Portland?

  The Maine Whistleblowers’ Protection Act protects employees in Portland against retaliation from their employers. Some federal laws offer protection, and some of these are Sarbanes-Oxley Act and Occupational Safety & Health Act. Various industry-related laws also protect employee whistleblowers, such as the Wendell H. Ford Aviation Investment and Reform Act and the Asbestos Hazard Emergency Response Act.

• What can you do if a Portland employment claim filed at the human rights office cannot be successfully resolved?

  If your employment claim in Portland is unresolved, you may file a lawsuit in Maine Superior Court. The Human Rights Office may also pursue court action if it finds unlawful occurrences in an employment claim. You have a deadline of 90 days after the claim is dismissed, you receive a right-to-sue letter, or conciliation fails, whichever is greater, to initiate court action. This deadline is two years after the unlawful occurrence.

• What are some employment law cases that lawyers in Portland handle?

  Employment lawyers in Portland represent employees in legal actions against violations of laws such as the Genetic Information Nondiscrimination Act, Wage and Hour laws (FLSA), and the Americans with Disabilities Act. They handle cases such as collective bargaining disputes, whistleblower claims, and workers' compensation discrimination. Employees can also hire lawyers for matters involving severance agreements, sexual harassment, and unemployment.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.