Employment Litigation Lawyer Silver Spring, MD
While our jobs should not define who we are, they can give us a sense of self-worth. So if you are being treated unfairly, discriminated against, or harassed at your workplace, you would understandably be upset. No one deserves to go into work worried about their rights being violated. Coworkers and supervisors cannot act in anger, frustration, or retaliation against a worker. Despite the hostile work environment that many workplaces have, this doesn’t mean that it should be the norm and accepted. If you have been subjected to unlawful treatment in the workplace, please consider taking action so no further incident can occur. You may be owed compensation as well for the strife you have experienced. Contact Eric Siegel Law today for more information. Our Silver Spring, MD employment litigation lawyer is ready to speak with you.
How Employees Are Protected
As an employee, you have certain rights at the state, federal, and local level. Employee rights may be different depending on the number of employees at the company and if the employer is a local, private, or state government agency, employment agency, federal agency, or labor union. Employees are protected from discrimination and must be provided proper breaks and lunch periods. An example of this would be if a worker works more than four hours, but six or less consecutive hours, no break is necessary. However, if an employee works for four to six consecutive hours, they can have a fifteen minute break. Those who work for more than six consistent hours are entitled to having a half hour break. Employees who work for eight or more consecutive hours can have a half hour break and a fifteen minute break for every four additional consistent hours of work. If your employer tells you something besides this, they could be in violation of your worker rights. As our knowledgeable employment litigation attorney explains, employees are also protected against being treated adversely due to their personal characteristics, such as race, nationality, gender, religion, age, disability, and genetic information. Employees must also be given fair opportunities, fair wage for minimum rates and overtime, and safeguarded from harassment based on their protected class. Ultimately, if you have been treated unlawfully in your workplace, now is the time to take action so no further events occur. Let us intervene to protect you.
Eric Siegel Law
If you have experienced unlawful treatment in the workplace, now is the time to speak out against it. Unfortunately, employers are usually concerned about their profits and operations, and may be knowingly or unintentionally violating your protections. Our MD employment litigation attorney has seen how people can be treated unfairly in the workplace. A work environment should be supportive, collaborative, and be inclusive to people of all backgrounds and perspectives. If you suspect that your rights have been violated, we urge you to contact us at Eric Siegel Law so we can set things right. We hope to help you today if you are ready for support. Reach out now for a consultation and advice on how to proceed.
Addressing Whistleblower Retaliation
Your Silver Spring MD employment litigation lawyer can help if you suspect you’ve been retaliated against. At Eric Siegel Law, we have over 30 years of legal experience both inside and outside the court room. We’re also familiar with what retaliation looks like. Our team is ready to support you. Read on to learn more, and see what we can do about your case.
Whistleblower retaliation is a serious issue that occurs when an employee who reports wrongdoing within an organization faces adverse actions as a result. These actions can range from demotion and denial of promotion to termination and harassment. Understanding and addressing these issues is critical for maintaining integrity and justice in the workplace.
Legal Protections For Whistleblowers
Whistleblowers are protected under various federal and state laws designed to encourage individuals to report illegal activities or violations of company policies without fear of retaliation. These laws exist so individuals can bring attention to wrongdoing without risking their careers or personal well-being.
Despite these protections, some organizations still engage in retaliation, which can be subtle or overt. Recognizing the signs of retaliation and knowing the legal protections available are crucial first steps in combating this unlawful behavior.
Recognizing Retaliation
Retaliation can manifest in several ways. It may be as clear as a sudden termination following a report of misconduct, or as subtle as changes in job assignments, increased scrutiny, or being excluded from meetings or communications. It is important to document all instances that may suggest retaliatory behavior as this documentation can be vital in any legal proceedings.
Why It Matters
Whistleblower retaliation not only affects the individual employee but can also have a profound impact on the organizational culture, deterring other employees from coming forward with important disclosures. This can allow unethical practices to continue unchecked, ultimately harming the organization and its stakeholders.
Maintaining an environment where employees feel safe to report misconduct is essential for internal accountability and public trust. Organizations that uphold these values are more likely to foster a loyal and committed workforce.
How We Support Whistleblowers
At Eric Siegel Law, we are committed to supporting individuals who have the courage to speak out against wrongdoing. We understand the challenges faced by whistleblowers and provide legal representation to protect their rights and careers.
Our approach involves a thorough analysis of the situation, gathering of evidence, and crafting a strategic response that aims to protect our clients’ professional interests and personal well-being. Our Silver Spring employment lawyers work diligently to hold accountable those who violate whistleblower protection laws.
Reach Out For Guidance And Support
If you believe you have been retaliated against for acting as a whistleblower, do not hesitate to seek professional legal help. Our team is ready to advise you on your rights and the best course of action to take. Protecting your career and ensuring that justice is served are our top priorities.
Contact us today to discuss your situation confidentially. We’re here to walk you through this challenging time, and we’re here to help you speak the truth without fear of retaliation. Reach out to Eric Siegel Law, and see what a Silver Spring employment litigation lawyer from our office can do for you.
What To Do After Workplace Retaliation
As a whistleblower, you’re afforded certain rights – and your Silver Spring, MD employment litigation lawyer can help you protect those rights in the first place. At Eric Siegel Law, we have over 30 years of civil rights and courtroom experience. We handle a wide range of work-related cases, including protecting whistleblowers like you. Read on to see your first steps if you suspect retaliation in the workplace:
- Recognize The Signs Of Retaliation
First, it’s vital to identify what constitutes retaliation. Common signs include sudden negative performance reviews, demotion, reduction in hours, exclusion from meetings, or other punitive actions that occur after you’ve made a complaint or participated in an investigation.
- Keep Detailed Records
Begin documenting every related incident, noting dates, times, places, and the names of individuals involved. Record details of conversations, save emails, messages, and any other communications that could serve as evidence. This documentation can be crucial in proving your case.
- Review Company Policies
Familiarize yourself with your employer’s policies on workplace behavior and retaliation. This can often be found in the employee handbook. Understanding these policies can provide guidance on how to formally report the issue and what internal remedies might be available.
- Report The Issue Formally
Follow your company’s protocol for reporting workplace issues. This typically involves submitting a formal complaint to your human resources department. Keep a copy of any report you file and note the date the report is submitted.
- Seek Support From Coworkers
If coworkers have witnessed the retaliation or have experienced similar treatment, their support and statements can bolster your claim. Having others who can corroborate your experiences adds weight to your case and can also provide emotional support.
- Maintain Professionalism
Despite the challenges, continue to perform your job duties to the best of your ability. Maintaining professionalism helps protect your reputation and position within the company, which is particularly important if the situation escalates to legal proceedings.
- Consult With Legal Professionals
Sometimes, internal remedies are not sufficient to resolve retaliation issues. Consulting with a legal team can help you understand your rights and options. Your Silver Spring MD employment litigation lawyer can offer guidance based on current laws and the specifics of your situation.
- Consider External Reporting
If internal reports do not lead to resolution, or if you experience further retaliation, it may be necessary to file a complaint with a government agency, like the Equal Employment Opportunity Commission (EEOC). A legal team can assist you in preparing and filing such complaints.
- Stay Informed About Your Legal Rights
Understanding your legal rights is crucial. Laws such as the Whistleblower Protection Act and various anti-discrimination statutes provide protections against retaliation. Familiarity with these laws can help you feel more empowered and decisive about the actions you take.
- Plan For All Outcomes
Prepare yourself for all possible outcomes, from a successful resolution within your company to the possibility of seeking new employment. Having a plan can reduce stress and help you transition more smoothly should the need arise.
Contact Us Today To Get Started
Facing retaliation is a serious matter, but you don’t have to deal with it alone. If you’re experiencing retaliation at work and need guidance on how to proceed, reach out to us at Eric Siegel Law, and see how an employment litigation lawyer from our office can help.
Silver Spring Employment Litigation Infographic
Silver Spring Employment Litigation FAQs
Your Silver Spring, MD employment litigation lawyer can help you find justice and closure in the workplace. At Eric Siegel Law, we have over 30 years of legal experience – and we’ve been involved in business and real estate for over a decade. Now, it’s our turn to use what we know to help you find justice. Read on to learn more about your case, and contact us today to get started.
What Should I Do If I Believe I Was Wrongfully Terminated?
If you suspect your dismissal was unfair, start by collecting all related documents, such as your employment contract, any relevant emails, messages, performance reviews, and a record of any disciplinary actions taken against you. Documenting these details can help demonstrate whether your termination was justified according to your employment agreement and applicable laws. Once you have this information, it is advisable to consult with a legal professional who can guide you through the options available for challenging the termination if it appears to be unjust.
What Are My Rights If I Am Being Harassed At Work?
You have the right to a workplace free from harassment, whether it’s based on race, gender, age, or any other protected characteristic. Report these incidents according to your company’s policies, typically to HR or another designated official. If internal remedies fail or are not pursued by your employer, legal action may be necessary, and a lawyer can help you prepare and proceed with this approach.
How Can I Address Wage And Hour Violations By My Employer?
If you believe that your employer has failed to properly pay you for hours worked, or has committed other wage and hour violations, keeping detailed records is key. Note your hours worked, any overtime, and compare these to your pay stubs and any applicable wage laws. Often, these disputes can be resolved by addressing the issue directly with your employer, but if this does not yield results, you can file a complaint with the state labor department or pursue a lawsuit to recover your wages.
How Do I Prove Retaliation By My Employer?
Retaliation claims require showing that you engaged in a legally protected activity (like filing a harassment complaint), followed by a negative employment action (like being fired or demoted). Documenting the timeline of events is critical. This includes when you engaged in the protected activity, any correspondence or actions from your employer before and after this activity, and any changes to your employment status. This documentation can help your Silver Spring employment litigation lawyer build a stronger case.
How Does Mediation Work In Resolving Employment Issues?
Mediation involves a neutral third party who helps both the employee and employer discuss their issues and attempt to reach a voluntary, mutually acceptable resolution. It’s a confidential process, which can preserve employment relationships and often provides a quicker resolution than litigation. While the mediator facilitates dialogue and helps clarify issues, they do not make decisions like a judge would. If mediation fails, you can still pursue legal action.
Employment Litigation Glossary
When facing challenges at work, it’s crucial to have a solid understanding of your rights. Our Silver Spring, MD employment litigation lawyer can provide valuable assistance in understanding the legal landscape and protecting your interests. Below, we’ve provided explanations for several key legal terms that frequently arise in employment disputes.
Hostile Work Environment
A hostile work environment arises when an employee faces ongoing harassment or discrimination that is severe enough to impact their ability to work. This could involve repeated actions, comments, or behaviors based on an individual’s race, gender, religion, or other legally protected attributes. The key element is that the conduct must be pervasive enough to create an intimidating or offensive atmosphere for a reasonable person. In these cases, the employee does not need to prove a specific economic loss; rather, the focus is on whether the work environment has become toxic due to the inappropriate behavior. Employers can be held accountable if they knew or should have known about the harassment and failed to take adequate steps to stop it.
Whistleblower Retaliation
Whistleblower retaliation refers to adverse actions taken by an employer against an employee who has reported illegal activities, unsafe working conditions, or unethical practices within the organization. Such retaliation can manifest in various forms, including demotion, termination, reduced hours, or negative performance reviews designed to force the employee out. Federal laws like the Whistleblower Protection Act, along with state-specific regulations, safeguard employees who act in good faith to report misconduct. Retaliation cases often hinge on proving that the employer’s actions were directly tied to the employee’s decision to come forward. Employees facing retaliation may be eligible for remedies such as reinstatement, back pay, or compensatory damages.
Protected Class
The concept of a protected class is central to employment law. It refers to groups of individuals legally shielded from discrimination in the workplace. These groups include individuals based on their race, gender, age, religion, national origin, disability, and genetic information. Employers are prohibited from making decisions about hiring, firing, promotions, or any other employment-related actions based on an employee’s status in a protected class. Any adverse employment action taken against someone due to their protected status could lead to legal consequences. Cases involving discrimination often require the employee to show that they were treated less favorably than others because of their membership in one of these groups.
Wrongful Termination
Wrongful termination occurs when an employer unlawfully dismisses an employee. This can happen when an employee is fired due to discrimination, in retaliation for reporting unethical practices, or in breach of a contractual agreement. It’s important to note that in states like Maryland, where at-will employment is the standard, an employer can generally terminate employment for any reason or no reason at all—unless it involves illegal grounds such as discrimination or retaliation. Employees who suspect wrongful termination may have the right to pursue legal remedies, such as compensation for lost wages or reinstatement to their former position. Documentation and evidence of the employer’s intent are often crucial in these cases.
Wage And Hour Violations
Wage and hour laws are designed to protect employees from unfair pay practices. Common violations include failing to pay minimum wage, denying overtime pay, or not providing required meal and rest breaks. Employers are also prohibited from misclassifying employees as independent contractors to avoid paying benefits or overtime. If an employee believes they have been underpaid, they have the right to file a complaint with the state’s labor department or pursue legal action to recover any unpaid wages. Maryland has specific wage and hour laws that supplement federal standards, offering additional protections for workers. Employers found in violation may face penalties, including paying back wages and additional fines.
At Eric Siegel Law, we are committed to protecting the rights of employees in Silver Spring, MD. If you’re facing any of the situations described above, contact us today to discuss your case and explore your legal options. We’re here to help you secure the justice and compensation you deserve.
Contact Our Team Today
If you are facing any of these issues or other employment concerns, remember that you are not alone. Eric Siegel Law is here to help guide and support you through your employment disputes. Contact us today, and see what a Silver Spring employment litigation lawyer can do for you.