Examples of Claims against an Employer
Discrimination. There are many forms of discrimination that are protected against by law. The “bible” of employment law, Title VII of the Civil Rights Act of 1964, provides protection to five protected classes: race, color, national origin, sex, and religion. However, there is also government protection under the Americans with Disabilities Act (ADA), which makes disability a protected class, and the Age Discrimination in Employment Act (ADEA), which makes those aged over forty (40+) a protected class.
Harassment. There are two types of harassment claims. Quid Pro Quo is when an employer , or an agent of an employer, offer to give an employee benefits or employment opportunities in exchange for sexual favors. The other type of harassment claim is known as “Hostile Work Environment.” A hostile work environment is created when an intimidating and/or offensive work environment arises from harassment based on an employee’s protected class.
Wage and Overtime Disputes. Wage and overtime disputes are governed by the Fair Labor Standards Act (FLSA) and the North Carolina Wage & Hour Act (NCWHA). These laws protect employees when an employer fails to pay for work completed by the employee. These laws also protect employees from an employer’s failure to pay overtime due to an employee. The FLSA also covers child labor to ensure the well-being of children who wish to enter the work force during their minority.
Medical Leave. The federal statute that governs medical leave is known as the Family and Medical Leave Act (FMLA). This act provides 12 weeks of unpaid leave each year to employees who have worked 1250 hours in the preceding year for the employer. Also, in order to be eligible for coverage, the employer must have over fifty (50+) employees.
Contract negotiations. Often, contract negotiations are a crucial part of the employee/employer arrangement. These may include non-compete, non-solicitation agreements, and severance agreements at the end of an employee’s tenure with an employer. A non-compete clause bars an employee from similar employment in a certain area for a certain time. A non-solicitation clause prevents an employee from bringing clients/customers or other employees with them to a new job.
And more. With employment being a big part of one’s life, it is not surprising that a plethora of legal issues may arise during the course of one’s employment. If you feel that you have been wronged by an employer, it may be worth contacting an attorney.