Expertise.com
2024

Employment Law Resources & FAQs

Employment lawsuits are becoming increasingly common in the United States, with a growing number of employees seeking legal assistance to address labor law violations in the workplace. According to the Equal Employment Opportunity Commission (EEOC), there were over 60,000 charges of discrimination in 2021. If you are an employee who has experienced a labor law violation, protecting your rights and seeking justice may be necessary. These resources have been curated to help you navigate the process.

I Think I Need a Lawyer

While most employers strive to create a fair and safe working environment for their employees, disputes, and issues can arise. In these situations, it may be necessary to hire an employment lawyer to help protect your legal rights and interests.

Know Your Rights

Workers in the United States have rights under the National Labor Rights Act. It’s important to know your rights and to stand up for them if they have been violated. If you feel your workplace rights have been breached and aren’t quite sure of what steps to take, it may be time to contact a qualified attorney.

State-Specific Employment and Labor Laws

Whether you're an employer or employee, understanding employment and labor laws in your state is crucial for compliance and protection. These resources include some of the most important laws and regulations to keep in mind and a list of legal resources to help you file a claim, secure legal representation, and understand your rights in the future.

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FAQs

  • 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.

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