Employment law covers a complex network of laws governing the way employers must treat employees, former employees, and applicants for employment. Robert Spitz has significant experience representing employees with various types of employment-related claims, including:

Car Mileage
Courier Industry Employment Law
Discrimination
Employment Law
Independent Contractors
Illegal deductions
Meal & Rest Breaks
Missed breaks
Minimum wage violations
Off-the-clock work that is not adequately compensated
Overtime pay
Representing employees in individual and class action suits against their employers
Reimbursement of expenses
Statutory claims
Unpaid Reimbursements and Illegal Wage Deductions
Vacation pay.
Wage and Hour Violations
Wrongful Termination
Wage and Hour violations

Unlawful Termination
This tends to be a catch-all phrase for being fired "unjustly". Even a good worker can be terminated, however, a worker cannot be fired for a discriminatory reason or because of sexual harassment.

If a worker has a contract, he or she must be terminated according to the terms and conditions of the contract. If the worker is a member of a union, he or she can only be terminated under the terms and conditions of the union contract. The contract may spell out the reasons for termination and the method of termination; i.e., progressive discipline. If an employee has a written employment agreement, the terms and conditions of that agreement must be followed. However, few employees have written agreements. Usually they cover only corporate officers in the company.

However, a company may have an implied or expressed contract, rather than a single written contract. If the company has a policy for progressive discipline before termination, the company must follow that policy before terminating an employee. If the boss tells employees things like, "you always have a job here," they may have converted that employee from an "at will" status to a "can only be fired for cause" status.

An employer cannot terminate an employee in retaliation for the employee following the law. If an employee is asked to lie or not do something they are legally required to do regarding a governmental agency, they are protected from being terminated for obeying the law. Other reasons an employee cannot be terminated are:
pregnancy
because they are asked to obey the law.
because that employee tried to help another employee enforce their legal rights.

Also, an employer cannot slander or libel an employee or ex-employee, nor terminate an employee for requesting their rights under the Family Care or Family Medical Leave Act.

Contact the Office to schedule a Consultation to discuss how Robert Spitz, Esq. can use his vast Employment & Labor Law experience to go to work for you.

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