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Employment Law
 

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

Employment Claims FAQ:

Do I Have Any Claims Against My Employer?

  • 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.

How Do I Find Out If I Have A "Case" Against My Employer?

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.
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