KPPB LAW provides employment litigation services. Employment law is an extremely complex area of the law because federal and state laws often intersect. It also involves regulations and administrative procedures as well. Some attorneys avoid employment litigation because it touches on so many different facets of the law. Our attorneys are experienced and have a history of success in managing employment law cases.
Employment Law Services
KPPB LAW offers reliable litigation services for employers in the areas of:
- State Payday and Unemployment Insurance
- Title VII
- Sexual Harassment
- Whistleblower Actions
- Employee Rights
- Wrongful Termination
- Overtime Compensation
- Disability Benefits
- Medical Leave
- Grievance and Arbitration Hearings
State Payday and Unemployment Insurance
Virtually every employer is required to have unemployment insurance. State unemployment insurance pays benefits to workers while they are looking for work. Workers who have been terminated from their jobs may be able to collect unemployment insurance, but there are some important qualifications that must be met first. The only way to determine if an employees qualify is to submit an application. Sometimes employers will need professional legal assistance if they are put into a complicated position involving State Payday and Unemployment Insurance. An employee litigation attorney can help employers with this process.
The Federal Labor Standards Act (FLSA) establishes the minimum wage laws and overtime pay requirements at a federal level. It also addresses recordkeeping requirements and youth employment standards as well. Whether an organization is private or the local or state government, FLSA will apply. Employers need to be able to protect themselves from FLSA claims should they arise.
The Americans with Disabilities Act is a civil rights law that protects individuals with disabilities from discrimination. It includes a variety of protections, and one of those relates to employment. Employers must protect themselves from the risk of ADA lawsuits which can cause reputational damage and result in costly fines.
It is a violation of federal law that addresses situations when employers discriminate against individuals due to their age, whether they are an employee already or applying to be an employee. Protections are generally available to those who are over 40 years old. Employees should be evaluated based on ability, not age. Evidence of this type of discrimination may include situations where the employer hires a younger employee to replace an older employee. Employers require protections from ADEA claims so they are not taken advantage of.
The Family Medical Leave Act allows for employees to take unpaid time off work to take care of personal matters like their own medical needs or the needs of a family member. Generally, employees can take up to 12 weeks of leave in a single year. FMLA claims can be common depending on the industry, making it vital for employers to have access to legal protections to help avoid costly FMLA lawsuits.
The Equal Employment Opportunity Commission is a federal agency that enforces federal employment discrimination laws, like the ADEA, ADA, and Title VII. It protects Americans from discrimination based on their race, color, religion, sex, national origin, age, genetic information, and disability. It is intended to help workers assert their rights against employers that discriminate.
Title VII is a portion of the Civil Rights Act of 1964. This portion specifically prevents employers from discrimination based on sex, color, national origin, and religion. It only applies to employers that have over 15 employees, but that does include most employers in the United States. Title VII claims and the EEOC are closely tied together in an effort to prevent discrimination at the federal level. It is not uncommon for employers to be taken advantage of by employees under claims related to Title VII—making legal assistance critical for employers.
Sexual harassment is never okay, and it is illegal under both federal and state law. It can include unwanted sexual advances, requests for sexual favors, negative commentary because of your sex, and other physical or verbal harassment of a sexual nature. When the harassment is so frequent or severe that it creates a hostile work environment, it rises to the level that necessitates legal action. It is not uncommon for sexual harassment claims made against employers. An employment law attorney can help to protect the rights of attorneys against these types of claims.
Although slander isn’t exclusively an employment-related offense, it can often occur within the employment context. This type of claim often arises after an employee leave a position. It occurs when the employer makes a knowingly false statement about an employee, particularly when a potential employer is checking references In claims such as Slander, it is not uncommon for the employer to not be at fault. Employers should know that they have rights in claims such as Slander which can be protected by an employment law attorney.
Employers cannot discriminate against employees for a variety of reasons. Ultimately, the way the employee performs should be the only way that employees are evaluated, but this is unfortunately not always the case. There are a variety of both federal and state discrimination laws that prevent employers from discriminating against employees. Like other types of claims, there are situations when a Discrimination claim made by an employee is not valid, but employers will still require legal assistance.
Most employers can terminate employees without any prior notice, and without any real reason. This is generally referred to as “at will” employment. There are some exceptions to this general rule, however. If an employer has promised employment or has given a reasonable expectation that employment will continue, then employees may have a claim for wrongful termination. The validity of a wrongful termination case can be difficult to determine without the assistance of a legal professional. It is highly recommended for employers to seek professional legal assistance should a Wrongful Termination claim arise.
Most employers will have to pay hourly employees overtime if an employee works over a certain number of hours per week. Usually this number is 40 hours per week, but that will vary depending on the location, type of job, and the industry. Overtime compensation claims may arise when employees believe that they have not been properly compensated.
Employers may be required to provide disability benefits to their employees. Disability benefits provide employees with benefits when they become disabled because of an off-the-job injury or illness. Disability claims and lawsuits can be extremely costly and employers who are entangled in these types of claims should seek legal assistance in order to mitigate costly repercussions.
Similar to disability benefits, many employers offer paid sick time, but there is no legal requirement to offer paid sick leave. However, there are some situations where an employee may be entitled to unpaid sick leave, particularly if they qualify for FMLA.
Grievance and Arbitration Hearings
When there is an employment-related dispute, it is possible that the issue may lead to a grievance hearing or arbitration hearing. These proceedings are a lot like regular court, but there are some important differences. Although the more casual atmosphere may seem like it is a good idea for employers to represent themselves, this often is not the case.
Benefits of KPPB LAW’s Employment Litigation Services
Anyone who is considering an employment law-related dispute should seek legal representation. Pursuing an employment litigation case alone puts an individual at a severe disadvantage due to the complexity of even seemingly simple employment law cases.
KPPB LAW has extensive knowledge and experience in employment law and employment litigation. Our attorneys can use this experience to ensure the best result possible for our clients.
Clients who entrust their employment problems to KPPB LAW will not be overwhelmed by the complex legal regulations found in employment litigation because KPPB LAW will be able to advise and guide employers through the entire process.
Contact KPPB LAW Today
KPPB LAW’s attorneys are ready to support employers’ needs and provide them with the peace of mind knowing that employment litigation or employment law related issues are in competent hands. For more information on the benefits of our legal services, call KPPB LAW or send a message online to discuss your legal needs or to set up a legal consultation.