Employment Disputes
For executives and professionals in today’s market, you cannot afford to make life-altering employment decisions without the guidance of trained counsel. If you are dealing with a non-compete issue, employment termination, discrimination, defamation, benefits, wage or leave dispute, or an occupational health and safety situation, our goal is to provide you with the advice and representation you need to serve your interests and reach a fair end result.
Monticello Employment Dispute Attorneys
The team at Smith, Paulson, O’Donnell & Erickson is here for you, whether that means fighting to get you the benefits you deserve, or negotiating a settlement when appropriate. Our record of success in complex employment litigation reflects wins at every stage of the litigation process, including creative uses of alternative dispute resolution to achieve early and favorable client outcomes, while keeping your costs reasonable.
Understanding MN Employment Disputes
Employment disputes can significantly impact your professional and personal life. At Smith, Paulson, O’Donnell & Erickson, we are dedicated to representing plaintiffs in employment disputes, providing robust legal support to protect your rights and interests. Whether you are facing harassment, wrongful termination, wage disputes, or discrimination, our team of Monticello employment lawyers is here to help you traverse the complexities of employment law and achieve a favorable outcome.
Employment disputes arise when conflicts occur between employees and employers. These disputes can involve a wide range of issues, including harassment, discrimination, wrongful termination, wage and hour disputes, retaliation, and breach of employment contracts. Such disputes can be emotionally draining and financially burdensome, making it essential to seek skilled legal representation to protect your rights and secure fair treatment.
The Role of Employment Lawyers in Monticello
Employment lawyers play a crucial role in representing plaintiffs in employment disputes. At Smith, Paulson, O’Donnell & Erickson, our attorneys offer comprehensive legal representation, which includes:
- Legal Advice and Consultation: Our attorneys offer legal advice tailored to your specific situation. We will help you understand your rights and options and develop a strategic plan to achieve the best possible outcome.
- Investigation: We conduct thorough investigations into your employment dispute, gathering evidence, interviewing witnesses, and reviewing relevant documents to build a strong case on your behalf.
- Negotiation: Many employment disputes can be resolved through negotiation and settlement. Our attorneys are skilled negotiators who will work to secure a fair settlement that meets your needs and compensates you for any harm suffered.
- Litigation: If a settlement cannot be reached, our attorneys are prepared to take your case to court. We will provide vigorous representation, presenting your case effectively and persuasively to the judge or jury.
- Support and Advocacy: Employment disputes can be emotionally challenging. Our attorneys provide compassionate support and advocacy, ensuring that you are informed and empowered throughout the legal process.
Common Types of Employment Disputes
Employment Harassment
Harassment in the workplace can take many forms, including sexual harassment, bullying, and creating a hostile work environment. Employment harassment lawyers at Smith, Paulson, O’Donnell & Erickson, PLC, are committed to holding employers accountable and ensuring that you work in a safe and respectful environment. If you have experienced harassment at work, our attorneys will vigorously pursue justice on your behalf.
Wrongful Termination
Wrongful termination occurs when an employer illegally fires an employee, violating employment laws or contractual agreements. This can include termination based on discrimination, retaliation for whistleblowing, or breach of contract. Our employment disputes attorneys will investigate the circumstances surrounding your termination and fight to protect your rights and secure compensation for your losses.
Wage + Hour Disputes
Wage and hour disputes involve issues such as unpaid wages, overtime pay, minimum wage violations, and improper classification of employees. Our employment lawyers in Monticello will work to ensure that you receive the compensation you are entitled to under the law. We will meticulously review your employment records and advocate for your rights in court or through negotiations.
Discrimination
Employment discrimination can occur based on race, gender, age, religion, disability, or other protected characteristics. Our attorneys help combat discrimination and ensure that all employees are treated fairly. If you believe you have been discriminated against at work, our employment disputes attorneys in MN will provide you with the legal support needed to pursue a claim and seek justice.
Retaliation
Retaliation happens when an employer punishes an employee for engaging in legally protected activities, such as filing a complaint or participating in an investigation. Retaliation can take many forms, including demotion, harassment, or wrongful termination. Our Monticello employment lawyers will stand by your side, ensuring that your rights are upheld and that you are protected from any retaliatory actions by your employer.
Employment Dispute FAQs
What are sexual discrimination and sexual harassment?
Sexual discrimination is treating someone less favorably than others in their terms and conditions of employment, based on gender, sexual orientation or sexual preference. Any such consideration in decision making is unlawful, even if it is not the only consideration.
Sexual harassment is either establishing terms and conditions of employment that require sexual favors (called quid pro quo sexual harassment), or creating, maintaining, or tolerating a sexually hostile work environment. Just how hostile, offensive, or abusive the environment must be to support a cause of action is still a matter of legal dispute and controversy. Typically, conduct can be actionable under state or federal law even if it is not so severe as to cause a plaintiff-employee to suffer psychological injury.
Can a fired employee sue the employer?
Employees who believe that their employment was wrongfully terminated may file suit against employers based on such claims as violation of federal or state anti-discrimination or other employee protection statutes, breach of an employment contract, or state common-law exceptions to the employment-at-will doctrine.
Liability under any of these can be costly to an employer, and costs incurred in defending against lawsuits can be exorbitant. Taking proactive steps to avoid lawsuits can benefit both employers and employees.
Do employees have contracts with their employers?
In one sense, employment relationships all have certain aspects of a traditional contract relationship. If an employer verbally agrees to hire an employee at a specific rate and then refuses to pay it after the employee finishes the work, the employee can sue the employer under various contract or equitable theories.
However, in Minnesota, employment is presumed to be on an at-will basis, which means employers can unilaterally terminate employment and change the terms and conditions of the working relationship on a prospective basis – including wages, benefits, and compensation – without liability for breach of contract. Retroactive modification, however, would typically be a breach of contract and violate state wage and hour laws.
Who is entitled to overtime compensation?
Employees who are covered by the Federal Fair Labor Standards Act or the Minnesota FLSA and are not otherwise exempt from overtime provisions are entitled to overtime pay at one-and-a-half times their regular pay for hours they worked in excess of 40 or 45 hours per workweek. Salaried employees can be eligible for overtime if they are nonexempt. Nonexempt employees are entitled to overtime for any hours exceeding the 40-hour work week, regardless of how they are paid.
Do employees have a right to privacy?
The most common way employers invade their employees’ privacy is to intrude on their seclusion, solitude, or private affairs. If the employer has a legitimate reason for the intrusion (e.g., to investigate theft or suspected illegal conduct), an intrusion reasonably limited to serve these legitimate interests is probably legal. Any company considering potentially intrusive action should notify employees in advance of the intended intrusion, to eliminate employees’ expectations of privacy.
Can an employer perform background checks on applicants without violating their privacy?
Employers often perform extensive background checks, especially on applicants for high-level or highly sensitive positions. Although a release, usually included on the job application, is unnecessary in many circumstances, we recommend it for many types of background checks. Obtaining consent and releases for background checks is a good way to avoid liability in the application process.
Employers must also consider the Fair Credit Reporting Act (FCRA) when conducting a credit check, which addresses background investigations of employment applicants. In addition, the Americans with Disabilities Act prohibits pre-employment medical inquiries, such as questioning an applicant or doing a background search about his or her worker’s compensation history.
May employees engage in organizing efforts and hand out literature regarding Unions on company property?
Yes. Employees may discuss unionism and solicit their coworkers, if these activities occur before and after their shifts or during lunch and break times; employees are not entitled to engage in these activities when they should be working. It may also be permissible for an employee to give coworkers union flyers or authorization cards in a lunchroom, locker room, or parking lot, but not on the work floor, where papers could create a hazard.
May a company discriminate against foreign workers?
No. It is illegal to discriminate against foreign workers who are legally in this country and legally entitled to work here.
May an employer hire undocumented workers?
Immigration Reform and Control Act of 1986 (IRCA) reaffirmed the historic illegality of hiring undocumented workers. The IRCA also made the penalties more severe, with fines ranging up to $10,000 per illegal alien in the workplace for repeat offenders.
Which employers are subject to COBRA?
An employer that employs 20 or more persons and maintains a group health plan must offer continuation coverage to qualified beneficiaries at their expense. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), an “employee” can include an independent contractor. Continuation coverage must be offered to any covered employee and any qualified beneficiary, such as the employee’s spouse or dependent children.
Why Choose Smith, Paulson, O’Donnell & Erickson?
Choosing the right legal representation is crucial in employment disputes, and Smith, Paulson, O’Donnell & Erickson, PLC stands out as a top choice for several compelling reasons. First, our attorneys have extensive experience handling a wide range of employment disputes. We understand the intricacies of employment law and are well-equipped to handle even the most complex cases, ensuring that our clients receive the knowledgeable and effective representation they need.
We adopt a client-centered approach, prioritizing our clients’ needs and working closely with them to develop personalized legal strategies. Our goal is to achieve the best possible outcome for each client, ensuring that their rights are protected and their voices are heard throughout the legal process.
Our firm boasts a proven track record of success in representing plaintiffs in employment disputes. We have secured favorable settlements and verdicts for our clients, helping them achieve justice and fair compensation for their grievances. This history of success underscores our commitment to effective advocacy and client satisfaction.
We offer comprehensive legal services to address all aspects of employment disputes. From initial consultation and investigation to negotiation and litigation, we provide thorough support throughout the legal process. This holistic approach ensures that every facet of our clients’ cases is meticulously managed and addressed.
Finally, we are resolute in upholding justice and ensuring that all employees are treated fairly. Our attorneys are passionate about protecting workers’ rights and holding employers accountable for any wrongdoing. This dedication to justice and fairness is at the core of our practice, driving us to achieve the best outcomes for our clients.
Taking Action in Employment Disputes
If you are facing an employment dispute, it is essential to take timely and appropriate action to protect your rights. Here are some steps to consider:
- Document Everything:
Keep detailed records of all relevant information, including emails, memos, performance reviews, and any incidents of harassment or discrimination. Documentation can be crucial in building a strong case. - Seek Legal Advice:
Consult with an employment lawyer to understand your rights and options. An attorney can provide valuable guidance and help you navigate the complexities of employment law. - File a Complaint:
If you have experienced harassment, discrimination, or retaliation, consider filing a formal complaint with your employer or a relevant government agency, such as the Equal Employment Opportunity Commission (EEOC). - Pursue Legal Action:
If your dispute cannot be resolved through internal channels, you may need to pursue legal action. A skilled employment disputes attorney can represent you in negotiations, mediation, or litigation, working to achieve a favorable outcome.
Contact Our Employment Dispute Attorneys
Employment disputes can have a profound impact on your life and career. At Smith, Paulson, O’Donnell & Erickson, our Monticello employment lawyers are focused on representing plaintiffs in a wide range of employment disputes. Whether you are facing harassment, wrongful termination, wage disputes, or discrimination, our experienced team is here to provide the legal support and advocacy you need. Contact us today to schedule a consultation and take the first step toward resolving your employment dispute and securing the justice you deserve.
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