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Do You Need An Employment Attorney?

Copyright © 2012 Roush Law Group

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Published: 02Mar2012
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Sexual harassment . Unlawful firing. Racial discrimination. They're all illegal behaviors in the workplace, and they're all good reasons to hire a good employment attorney.

Employment lawyers can represent you in a wide variety of cases, and they can make sure your rights are fully represented, no matter what the circumstances. If you feel you've been wronged in the workplace by a boss or coworker, don't act on your own. Make sure you have solid representation on your side.

The issues covered by employment law affect the way you live your life in the office every day. The law protects you from discrimination and unwanted treatment, and it requires that you be treated fairly in your job.

One of the most important areas covered by employment law is unlawful job discrimination. Employers cannot discriminate against workers on the basis of race, disability, gender, religion, military affiliation, age, national origin, bankruptcy, citizenship, pregnancy, genetic information or HIV/AIDS status. Other types of discrimination (height, for example) are allowed in most jurisdictions, but not discrimination against members of these 12 protected categories.

Unlawful job discrimination is covered by federal and, in many cases, state law. Many states have employment boards that hear complaints of job discrimination, as does the federal Equal Employment Opportunity Commission. Hiring a good employment attorney will help you navigate these organizations if you believe you've been discriminated against in the workplace. Sexual harassment is another type of unlawful behavior that employment attorneys deal with on a regular bases. This type of conduct is covered by the same laws the protect against discrimination. Sexual harassment doesn't have to be of a romantic or sexual nature; as long as it's unwanted and it's based on your gender, it counts.

Employment attorneys also represent employees who have been fired in breach of employment contracts. Most American workers are "at will," meaning they can be fired or laid off for any reason -- as long as it's not unlawful discrimination -- so employment contracts are relatively rare. They're most common among union workers, executives and professional athletes, celebrities and the like.

Contracts can be written, oral or implied, though it's much harder to enforce oral and implied contracts. Breach-of-contract claims usually stem from situations in which employers believe they've fired employees for "good cause" as required by contracts while the employees insist there was no good cause. If you had an employment contract and you believe it was breached, you should contact an employment attorney for representation.

An increasingly common source of trouble for employees and an increasing source of work for employment attorneys is the non-compete clause. When an employee who has signed a non-compete clause leaves his employer, he cannot work in the same field for a set period of time or use information he gleaned from his previous employer.

These agreements, which provide a lop-sided benefit to employers, can leave employees stymied at the very moment they most need work. As a result they're banned in California, and their use is limited in some other states.

All these areas of law are difficult to navigate, even when you don't have the stress of dealing with the situation that has you looking for legal solutions in the first place. Don't try to tackle your problem alone. A good employment attorney can guide you to the right solution.

Alfred Roush is an employment attorney who helps clients with issues concerning employment law. If you are in search of answers to questions concerning employee employer contract disputes, wrongful termination, severance packages, or any related issue, visit his website http://wrongfulterminationsite.com

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