Types of Cases
Age Discrimination
The law protects employees who are laid off, fired, denied promotions and pay raises, or rejected for hiring if their age is a factor in the employer’s decision. Older employees are often the first ones picked when employers reorganize, cut back or do reductions in force (RIFs), and they are often moved aside on the job to make room for younger employees. It is also very difficult for individuals in their fifties and sixties to get their foot in the door as a new hire. If you have experienced one of these problems, contact Sedey Harper for an evaluation of your claim.
Sex Discrimination
Employers sometimes treat women differently from their male co-workers because employers have stereotypes about what is appropriate work for a woman, and they make unfair assumptions about women with family responsibilities. Women workers are often held to higher standards than men for pay and promotions, and women find it extremely difficult to break through the glass ceiling. If you have been denied a job or a promotion, laid off or fired, paid less than your co-workers because of your gender or because you are pregnant, contact us to help you evaluate your situation.
Sexual and Other Workplace Harassment
If a co-worker or supervisor makes unwelcome sexual advances, inappropriately touches, talks or “jokes” in a sexually suggestive manner, sexually assaults an employee or otherwise creates a hostile work environment based on sex, the employer has an obligation to stop it and keep it from happening again. Similarly, an employee may not be subjected to name calling, aggressive or threatening behavior, disrespect or other hostile conduct because of race or disability or national origin or age. If you have to put up with unwanted sexual conduct, or work in an environment that is hostile because of your sex or race or age or disability or national origin, contact Sedey Harper for an evaluation of your situation.
Disability Discrimination
An employer has an obligation to reasonably accommodate the disability of an employee, so long as the accommodation does not cause an undue hardship or expense. The Americans with Disabilities Act was recently amended to provide the broadest possible protection to employees with all types of physical and mental impairments and illnesses. Both state and federal law also provide protection from all types of unfair treatment on the job because of a disability, a perceived disability, a record of a disability, or an employee’s association with an individual with a disability. We can help you evaluate a claim of this type.
Race and National Origin Discrimination
African-Americans and foreign-born workers are often the target of unfair treatment on the job. They are paid less, fired for reasons that don’t seem to apply to their co-workers and expected to do the most physically demanding, dirtiest jobs. In management positions, they are sometimes almost invisible when promotions are under consideration. Discrimination based on race, color and national origin is illegal. Sedey Harper can evaluate your situation when you experience these types of unfair treatment.
Whistle Blower Protection
An employer may not fire an employee because he or she refuses to violate the law, reports illegal conduct to a supervisor or manager, or reports violations of law to outside agencies. There are numerous state and federal laws that protect whistleblowers. If you have been fired or otherwise treated unfairly because of blowing the whistle on illegal activity, contact Sedey Harper for an evaluation of your situation.
Retaliation
It is illegal for an employer to retaliate against you because you have complained about discrimination or harassment, or testified for or assisted others in some manner in opposing discrimination on the job. If you believe you have been fired, demoted, had your hours cut or otherwise treated unfairly because of speaking out against discrimination or harassment, contact us so we can help you evaluate your situation.
Equal Pay, Minimum Wage and Overtime Compensation
If your employer pays unequal wages to men and women who perform the same or similar work, even if the job title is different, you may have a claim under the federal Equal Pay Act. If you are a covered employee and your employer fails to pay you minimum wage or overtime compensation, you may have a Fair Labor Standards Act claim. We can assist you in evaluating a pay claim.
Severance Negotiation
Some employers offer severance to terminated or laid off employees. In most situations, your employer will give you the severance payment only if you sign a release, a document giving up any claims you have against them. We can help you decide whether you want to take the severance and release possible legal claims. We may also be able to help you negotiate a better severance if that is the direction you want to go.
Breach of Contract, Non-Compete Agreements and Sales Commission
Employers sometimes attempt unfairly to enforce Non-Compete Agreements so that you cannot earn a living. Or you may be fired, have your duties or customers changed, or be paid less than you are entitled to in violation of an employment contract you have with your employer. Missouri statutes provide a good remedy when your employer does not pay you sales commissions you have earned. If you face any of these problems, contact us so we can help you evaluate your situation.
FMLA
Many employers are required to give you unpaid time off to take care of your own serious health problems as well as those of your family members. Employers can’t fire you for asking for this time off or for taking it. Contact us if you have been denied time off, or if you are being threatened with demotion, pay loss or job loss because you used Family and Medical Leave Act time.
Military Service Discrimination
USSERA (Uniformed Services Employment and Reemployment Rights Act) provides that an employer may not discriminate against an employee on the basis of any aspect of uniformed military service, including applying to be in the service, application for service, or obligation to serve. The law protects both current and ex-employees from discrimination and retaliation and also provides job protection during periods of service and a right to reinstatement. If your employer or former employer is not treating you fairly due to your service, contact Sedey Harper to discuss your rights under USSERA.