Best Employment Lawyers in Fargo

FAQs

• What is the non-emergency contact number for the local police station in Fargo, North Dakota?

  701-235-4493 is the non-emergency hotline of the Fargo Police Department.

• Where can I get a copy of police reports for incidents related to my case in Fargo, North Dakota?

  The Fargo Police Department Records Bureau charges a fee for copies of incident crime reports. However, there are several restrictions on their release:

  • They can only deliver the report if the matter has gone through the court process.
  • They must redact the names of minors and domestic violence victims involved in the case.

• Can a Fargo employer punish you for filing a complaint about discrimination in your workplace?

  No. According to the Equal Employment Opportunity Commission, an employer in Fargo cannot retaliate against you, such as by treating you differently or harassing you, for submitting a complaint about discrimination at work. Your employer is also prohibited from retaliating against you if you assist another person in reporting employment discrimination.

• When can you say that you have a discrimination case against your employee in Fargo?

  You may pursue a discrimination claim in Fargo if you have experienced unfair treatment at work because of your sex, age, race or color, religion, mental or physical disability, or national origin. Refusal to employ, failure to promote, and laying off or terminating an employee on the basis of the abovementioned factors are examples of workplace discrimination. Imposing unjust discipline and providing unequal compensation also qualify as discrimination.

• What should you do in Fargo if you have been a victim of sexual harassment at work?

  You can consult a Fargo employment lawyer with experience handling sexual harassment claims. You must act swiftly to protect your rights because there is a time limit on filing a lawsuit, depending on the case. Maintain a journal of incidents and any tangible proof you have of the harassment and keep copies of any correspondence you get from your employer discussing it. This information can support your case.

• How do you ask your Fargo employer for a leave of absence under the FMLA?

  If you are qualified and need to take time off from your job in Fargo, the FMLA mandates that you notify your employer a minimum of 30 days beforehand if a demand for leave is anticipated or within one or two working days if the need for leave is unexpected. You must also give your employer enough details so that they are aware that the absence is necessary for an FMLA-eligible reason.

• What types of lawsuits do Fargo employment attorneys often handle on behalf of employers?

  Fargo employment attorneys help businesses in cases that involve:

  • Human resources counseling and risk reduction, providing employers with guidance on different personnel matters.
  • Workforce training, offering staff members and management teams advice on employment concerns.
  • Employment claims, advising employers on various employment-related issues.
  • Labor union conflicts, defending employers in all facets of petitions, elections, unfair labor practice charges, arbitrations, and collective bargaining agreements before the National Labor Relations Board.

• 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.