Westland, MI Employment Law Attorneys
According to the U.S. Census Bureau, over 63 percent of Westland residents ages 16 and older are part of the workforce. Every Westland worker has certain legal rights. These include the right to be free from discrimination, paid fairly for their work, and ask questions and bring claims without fear of retaliation.
Employment law covers many topics — all of which focus on your safety and rights as an employee. If you suspect an employment law violation negatively affects you at work, don’t wait. Talk to the experienced Westland employment law attorneys at Sommers Schwartz, P.C. today.
Types of Employment Law Violations
Both state and federal laws address employment topics. Employment law is a broad topic, covering many different types of legal violations. Two “employment law” claims can look very different, even though both fall under the same primary category of law.
For this reason, it’s important to refrain from assuming your employment law claim will play out exactly like anybody else’s claim. Talk to an attorney about your specific situation.
Discrimination
Discrimination occurs when an employer takes an adverse action toward an employee because the employee is a member of a protected category. Protected categories include age, sex, gender, race, religion, national origin, ethnicity, disability, and pregnancy.
Discrimination can take many forms. Here are a few examples of prohibited discrimination that can occur at work.
- An employee announces they need a day off work for a religious observance. The employer fires the employee for taking that time off.
- An employee uses a wheelchair. Their employer never gives them overtime because “they can’t handle it in the chair,” even though the employee can otherwise do the job like co-workers who don’t use wheelchairs.
- A worker becomes pregnant only to have their employer deny them a promotion they’ve earned because “you’re going to be too busy with the baby.”
- Employees of color regularly receive smaller raises, or no raises, compared to their white co-workers.
- A new manager fires a worker because they don’t want to work with “people from that country.”
All discrimination claims have one thing in common: An employee is mistreated because of a protected characteristic, not because of the employee’s job performance.
Discrimination also covers harassment claims. Harassment occurs when a worker is poorly treated, insulted, picked on, or otherwise disparaged because they belong to a protected group.
Michigan is an “at-will” employment state. While at-will states allow employers to fire employees for many reasons, these states do not allow employers to fire employees for all reasons. Employers may not fire a worker just because that worker is a protected group member. If the employer does this, the employee has a discrimination claim.
Employee Misclassification
The rise of gig work has resulted in more employers facing the question: Are our workers considered employees or independent contractors?
Classifying workers as independent contractors has several benefits for employers. Employers have more legal responsibilities to employees than they do to contractors. These include wage, overtime, and benefits protections.
As a result, many employers are now classifying workers as contractors. But a worker’s proper classification should not be based solely on what an employer wants. Rather, state and federal laws contain guidelines to determine whether a worker should be considered an employee or a contractor.
Sometimes, worker misclassification is a simple mistake or oversight. Occasionally, however, it is a deliberate attempt by an employer to avoid meeting its obligations to employees. See the “Pay, Minimum Wage, and Overtime Violations” section below for more information.
Retaliation and Whistleblower Claims
Many workers hesitate to file a discrimination claim, even if they know their employer is acting illegally. These workers fear being poorly treated at work, having their pay docked, or even being fired outright if they speak up.
Both state and federal laws prohibit employers from retaliating against workers who file employment law claims or “blow the whistle” on other illegal activities at work. For example, employers may not:
- Fire an employee for bringing a claim.
- Demote or fail to promote a whistleblower.
- Withhold a worker’s pay, benefits, or bonuses.
- Transfer the worker to less desirable shifts, locations, or schedules.
- Harass employees who file claims or blow the whistle.
- Treat whistleblowers in other unfavorable ways.
If you bring an employment law claim and face negative consequences from your employer you may have a retaliation claim in addition to your original claim.
Pay, Minimum Wage, and Overtime Violations
Every day, nearly 4 million people head to work in Michigan. Each one deserves to receive every penny they earn through their labor. Yet wage and hour violations remain the most common employment law violations in the United States, with wage theft being the most expensive type of theft nationwide each year.
Examples of pay, minimum wage, and overtime violations include:
- Classifying workers as independent contractors when they should be employees.
- Classifying workers as “exempt” salaried workers when they should be “non-exempt.”
- Improperly withholding portions of an employee’s wages.
- Withholding that results in an employee receiving less than minimum wage.
- Failing to pay appropriately for overtime work.
- Improperly deducting items like excessive tip deductions or the price of items employers provide so workers can do their jobs.
- Designating certain break times as “unpaid” but requiring workers to work during these periods.
- Having workers work before they clock in or after they clock out.
These are examples of potential pay, minimum wage, and overtime violations. Talk to an experienced Westland employment lawyer as soon as possible if you suspect you’re not being paid fully for your work.
Other Common Employment Law Claims
Discrimination, retaliation, and wage and hour disputes are common issues in employment law claims. Yet other employment-related problems also arise for Westland businesses and workers. The experienced Westland employment lawyers at Sommers Schwartz, P.C. help our clients navigate other employment law topics, including:
- Award and compensation plans.
- Equity acquisitions.
- Executive employment agreements.
- Intellectual property acquisition, divestiture, enforcement, and protection.
- Separation agreements.
- Tax questions related to employment law.
Failing to address these issues can create ripple effects throughout an organization. Sound legal advice provides a foundation for more vital executive leadership and better decision-making regarding tax issues related to employment and other matters. For help managing these and other employment law questions, speak to an experienced attorney today.
What To Do if You’re Facing an Employment Law Issue
If you’re facing an employment law problem, it may be your first experience dealing with legal action or legal questions. You can take steps to protect your rights and collect evidence so you know what is happening.
Steps to Take in an Employment Law Situation
Many employers have policies and procedures for workers who suspect discrimination or wrongdoing. Start by checking your employee handbook or contacting your human resources department to ask about these policies and procedures.
Asking for this information is protected by retaliation rules; employers may not retaliate against you for asking about these procedures or your rights under employment laws.
If you’ve already followed these procedures with no resolution, if your employer refuses to cooperate, or if you cannot rely on these procedures, talk to an experienced employment law attorney.
Time Limits for Employment Law Claims
Michigan law limits how long workers have to file employment law claims. In most cases, you must file your claim three years from the violation date. If you file your lawsuit within this time frame, you may retain your chance to bring the claim to court.
But three years can pass quickly. You may need time to understand what’s happening. Your employer may stall for time intentionally or unintentionally. Weeks or months may slip by as you attend to your work, family, and other daily demands.
Talk to an attorney as soon as possible. A lawyer can help you get “unstuck” by answering your questions, recommending the next steps, or helping you begin any necessary legal process, such as filing a claim.
Talk to an Experienced Dearborn Employment Law Attorney Today
Although you may be certain you have an employment law issue, you may hesitate to file a claim. Suppose you enjoy your work, or you fear losing your job, undermining your career, or getting blackballed from your industry. You likely have no experience with legal cases and courtrooms.
At Sommers Schwartz, P.C., we’ve helped many clients with the same concerns. Our experienced employment lawyers will answer your questions and guide you through each step of the process. We’ll work with you to identify alternative dispute resolution methods to help you get the results you seek without the stress of a courtroom trial. And if we need to go to trial, our team has the experience necessary to do just that. Contact us today to schedule a free, confidential consultation about your case.
We fight hard. And we win.
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