The Labor and Employment Law Practice Group
advises and represents public and private sector management
clients in all labor and employment matters. Our clients include
cities, counties, corporations, small businesses, non-profit
entities, educational entities and special districts. Mongello & Scialabba labor and employment attorneys have extensive
experience in labor and employment litigation in federal and state
courts, administrative and governmental agency proceedings,
arbitrations and appeals. Our attorneys aggressively defend clients
in cases of alleged discrimination, harassment, wrongful
termination, breach of contract and violation of constitutional and
public employment rights. We also represent employers in
disciplinary, grievance and benefit proceedings.
Our attorneys are committed to assisting
our clients prevent and avoid labor and employment disputes.
To help our clients reach their goals, our
Labor and Employment Law Practice Group provides counseling and
litigation expertise in the following areas:
- Fair
Employment and Housing Act
- Title VII
- Americans
with Disabilities Act
- Age
Discrimination in Employment Act
- Family and
Medical Leave Act
- Fair Labor
Standards Act
- Public
employment rights and issues
- Collective
bargaining and labor negotiation
- Privacy
issues
|
- Contract
creation and enforcement
-
Compensation and benefits
- Substance
abuse and testing
- National
Labor Relations Act
- Public
Employees' Retirement Law
- Equal Pay
Act
-
Occupational Safety and Health Act
- Workplace
violence
-
Whistleblowing
-
Retaliation
|
- Generally,
an employer can hire, fire, promote, grant raises, discipline and
make other employment decisions for any reason, no reason, the
right reason, the wrong reason or for a stupid reason, provided
that the employer does not make an employment decision for an
illegal reason.
- Illegal
reasons can include discrimination based on race, creed, color,
age, gender, marital status, sexual orientation, disability,
pension eligibility, because an employee used a medical benefit,
because the employee complained of discrimination, be cause the
employee requires an accommodation under the Americans with
Disabilities Act, because the employee refused to perform an
illegal act or because the employee reported an illegal act to the
authorities, or because the employee refused sexual advances .
- You may have
rights against your employer if it breaches a written contract
with you or it refuses to honor an employment manual which it
distributed to you.
- If you are
injured on the job, you have a right to file a Workers
Compensation claim and in some rare instances, a lawsuit for
damages.
- You may have
other rights not mentioned here. For example, you may have rights
and remedies under a union contract, or from group insurances.
which you have by virtue of your employment, or if the plant where
you work is closed This list should not b e considered to include
all rights, just some rights.
Employment Law is a
very, very complicated field. You should confer with an attorney of
your choice about your situation. You should seek legal advise as
soon as you believe that you have a problem at work because proving
a "case" against an employer is difficult. An employee who believes
his or her employer has acted contrary to law must start preparing
his or her case at the earliest possible moment.
The
foregoing is a simplified explanation provided for educational
purposes only. Each person's situation is different and can be much
more complex.
|