07/01/2023
Currently, attorneys Mark Hammons and Amber Hurst, are attending the National Employment Lawyers Association annual convention in Chicago.
Our firm specializes in helping wrongfully terminated people get help. We have been in business for
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Currently, attorneys Mark Hammons and Amber Hurst, are attending the National Employment Lawyers Association annual convention in Chicago.
Mark Hammons, is filing a lawsuit this week, against Superintendent of Public Education, Ryan Walters, for threatening employees who share information with the public. The Department of Education is supposed to be a public agency. The citizens of Oklahoma are entitled to know what goes on in this public agency.
A misconception exists that at-will employment means your employer doesn't need a reason to fire you. While this is true to a degree, there are still instances when you can file suit for wrongful termination.
While some may view their actions as good-natured kidding, it may actually be harassment in disguise. If you have asked an employer or co-worker to stop certain behaviors and they continue, you can take action to protect yourself.
During the 1950s and 1960s, there was a fair amount of labor management corruption going on in the U.S., resulting in the passing of the Landrum-Griffin Act in 1959. This act guaranteed not only freedom of speech and union assembly, but also made union officer election possible.
In deciding whether an implied employment contract exists when considering a wrongful termination suit, the court will look at a number of things. This includes the duration of employment, regularity of job promotions, history of positive performance reviews, and assurances that you would have continuing employment.
Have you ever heard of the Age Discrimination in Employment Act? This law is an amendment to the Fair Labor Standards Act and was approved in 1967. Under this act, workers 40 and older could not be denied health benefits or training opportunities by businesses employing at least 20 workers.
Did you know that in early Colonial America, labor laws put a limit on a worker’s right to receive better wages and even advocated slavery and indentured servitude? Fortunately, there was even legislation passed by the 19th century, which limited control over workers by their employers.
In “at-will” states, employers are not required to provide severance pay for fired or laid-off employees unless it is stated in a contract. However, if the company goes out of business, even this may not apply.
Did you know that your ability to earn overtime pay may have more to do with your job duties than your job title? Depending on your situation and state law, you may be able to sue for unpaid overtime.
Dealing with an employer who is creating a harmful work environment can be stressful and challenging. Working with an attorney can help ensure that you know your rights and help reduce the stress you’re under.
Fair labor laws cover workers in service industries like restaurants and bars such as wait staff and bartenders, who depend on tips for the bulk of their income. In general, employers are not permitted to take, or share in, tips left for employees.
If you have been fired and you suspect wrongful termination, one of the first things to do is to ask to see your personnel file and make a copy of all reports and reviews in it. This will help you compile a paper trail that may be helpful in court later on.
Even though your employment is an "at will" position, there are still federal regulations that cannot be violated. If you believe you have been dismissed, and it was outside what the law allows, a licensed labor attorney can advise you of your rights and what recourse you may have.
If you’ve complained about harassment at work and believe that your employer has retaliated against you in some way, contact an attorney to find out what can be done. Even if you aren’t sure, an attorney can provide guidance on the situation.
Did you know that most government agencies actively use employment labor standards to govern their own workers? In fact, in the U.S. the Department of Labor uses the labor laws to enforce their own employment practices, which are further reinforced by labor law.
Labor lawyers can help companies who want to resist the formation of a union. This area within labor law is sometimes known as the practice of union avoidance.
Unfortunately, victims of harassment often have their behavior called into question. If you’re fighting a harassment case, make sure your behavior is above board, and try to avoid situations that your employer could use against you.
It’s important that you as an employer understand that employment law can and does change rapidly. Courts and government agencies are constantly issuing new opinions interpreting and reinterpreting these laws, and sometimes completely overturning them.
It was really the Industrial Revolution, with its massive reliance on machines and mass production factories, that made labor law necessary. This includes the establishment of fair labor practices, contracts, working conditions, and the legal relationship between the worker and his boss.
Are there military leave protections in the Family and Medical Leave Act? A worker is allowed off up to 26 weeks in any 12-month period if an immediate family member is seriously injured or ill. A labor attorney with expertise in the FMLA can determine if the worker qualifies for the protection under the 1993 law.
As an employee, it’s important to understand that, unless there is a contract or bargaining agreement in place, employees are considered to be under “employment at will.” This essentially means that the employer doesn’t need a reason to fire you.
In some cases, the way your employer went about terminating you could be grounds for wrongful termination. For instance, they may be able to fire you without cause, but they are not allowed to lie about your character in order to justify it.
Did you know that whistleblower laws have been around for nearly 150 years? One of the first whistleblower laws was the 1863 False Claims Act. Anyone who supplied information about people defrauded the government during the Civil War received a percentage of money recovered or damages won by the government.
If a current or former employee files a lawsuit against you, it is critical that you consult a lawyer right away. Employment lawsuits can be quite complex, and you’ll want to take the necessary actions as soon as possible to ensure that your rights are protected.
Can my boss look through my work emails? Don’t I have privacy rights? There is no privacy protection for Internet use or emails on the job. There are federal laws that guard the privacy of your medical information in the event someone at work is spreading that protected information.
Just because someone is your peer or subordinate doesn’t mean they can’t harass you. If your supervisor is aware of harassing behavior and doesn’t do anything to stop it, contact an attorney to find out what you can do.
If you are facing an investigatory review, you may be entitled to have a legal representative with you. This is especially important if the repercussions could have a severe impact on you. These are taxing processes, and it helps to have a cool head in your corner.
Minimum wage requirements, common to all states, sets a floor for hourly wage rates that employers are required to pay their employees. Most state minimum wage rates are the same as that set by federal law. It can never be less than the federal minimum.
As an employee, you are entitled by law to have a safe and secure environment in which to work. Our capable labor lawyers can guide you through the steps to remedies and compensation if you fall victim to workplace violence.
If you’ve spoken up about unsafe or unethical practices at work and have been demoted, suspended, had your wages cut, or been fired as a result, you should contact an attorney to find out if you have a case for protection as a whistleblower.
Are you concerned that you’ll lose your job if you report your employer for failure to pay overtime or calculate your wages correctly? Remember, you’re entitled to the money you worked for, and your employer doesn’t have the right to retaliate against you for reporting their illegal business practices.
If you have been a victim of discrimination, there are various remedies that you may be eligible for through the courts. These include restitution of back pay, reinstatement, promotion, and other reasonable accommodations.
Not all employers are Simon Legrees, and not all employees are perfect angels. However, both sides view employment differently and need legal help for many situations. Being professional and insisting on your rights as an employer or employee is not being malicious—it is being honest.
We recognize that many people are uncomfortable with the idea of suing their employer for harassment or a hostile work environment. We’re always here to help you evaluate the merits of your case and advise you on whether it’s worth pursuing.
Although sexual harassment is often thought to be against women, men can suffer from this type of harassment as well. The important thing to remember is that neither gender has to put up with this at work.
If the worker you’re planning to terminate has in place a written or oral employment contract that limits your right to fire, then it’s important that you first consult an employment lawyer. He or she can determine whether this is a legal move.
If you're going to sue your employer for discrimination, remember that the law only provides for certain categories of discrimination. The boss who fired you without cause because they didn't like you doesn't necessarily fall under discrimination.
The issue of child labor has been a significant one in the United States, largely because of the Great Depression. Based on the 1940 U.S. Census, researchers estimated that 64 percent of 14- and 15-year-olds and 83 percent of 16- and 17-year-olds were working at least part-time.
As an employer, it’s important that you have any contracts reviewed by an employment lawyer. He or she can ensure that all documents contain all the necessary legal terms, so that they will be enforced by a court of law.
325 Dean A. McGee Avenue
Oklahoma City, OK
73102
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