brwj7435-utx8g0h3cbwzb5o1

Your Guide to Employment Law Attorneys in Birmingham, AL

Mon, 13 Apr 2026 15:57:25 GMT

Workers in Birmingham, AL, have the right to receive fair pay for the work they perform. However, wage issues such as unpaid overtime, improper paycheck deductions, and employee misclassification still occur in many workplaces. Understanding wage and hour laws is essential for recognizing when an employer may not be complying with legal standards. The Fair Labor Standards Act (FLSA) is the primary federal law governing minimum wage, overtime pay, and employee classification in the United States. While Alabama generally follows federal standards, these protections still provide important rights for workers throughout Birmingham. If wage violations are suspected, consulting with experienced employment law attorneys or a qualified employment attorney can help employees understand their rights and determine whether they may be entitled to recover unpaid wages or overtime compensation.

Wage and Hour Protections Under the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that establishes important wage and hour protections for employees across the United States, including workers in Alabama. It sets standards for minimum wage, overtime pay eligibility, recordkeeping, and youth employment in both the public and private sectors. Because Alabama does not have separate state wage laws beyond federal requirements, the FLSA serves as the primary legal protection ensuring workers are paid fairly for the hours they work. These regulations help prevent employers from underpaying employees or failing to compensate overtime hours. If questions arise about workplace pay practices, employment law attorneys can help explain how these federal protections apply.

The FLSA includes several key protections designed to safeguard employees’ wages and working hours:

Minimum Wage Requirements: The FLSA establishes the federal minimum wage that covered employers must pay to eligible employees for all hours worked. Employers cannot pay less than the legal minimum unless specific exemptions apply.
Overtime Pay Protections: Non-exempt employees must receive overtime pay at a rate of at least one and one-half times their regular pay for any hours worked beyond 40 in a single workweek.
Employee Classification Standards: The law outlines strict guidelines for determining whether workers are classified as exempt or non-exempt, which directly affects their eligibility for overtime pay.
Accurate Recordkeeping: Employers are legally required to maintain detailed records of employee work hours, wages paid, and other payroll information to ensure compliance with wage laws.
Protection Against Wage Violations: Employees who experience unpaid wages, off-the-clock work, or improper deductions have the right to pursue compensation under federal labor law.

Exempt vs. Non-Exempt Employees and the Impact of Misclassification

Understanding the distinction between exempt and non-exempt employees is critical under federal wage and hour law because it directly affects whether a worker is eligible for overtime pay. The classification is determined by a combination of salary level, method of payment, and the specific duties performed in a job role. Exempt employees typically work in executive, administrative, or professional positions and must meet strict legal criteria to qualify for exemption from overtime requirements. Non-exempt employees, by contrast, are protected by overtime rules and must be compensated when they work more than 40 hours in a workweek. When employers improperly classify workers as exempt, even though their job duties do not meet the legal standards, employees may lose substantial overtime wages over time. In situations where classification is unclear or appears incorrect, employment law attorneys can help review job responsibilities and pay structures to determine whether the classification complies with federal labor laws.

Key differences between exempt and non-exempt employees include:

Overtime Eligibility: Non-exempt employees are entitled to overtime pay at one and one-half times their regular rate for hours worked beyond 40 in a workweek, while exempt employees are generally not eligible for overtime compensation.
Salary Threshold Requirements: To qualify for exempt status, employees must typically earn at least the federally required salary threshold and be paid on a salary basis rather than hourly.
Job Duty Standards: Exempt employees must perform specific types of work—such as managing other employees, making high-level business decisions, or performing specialized professional tasks that require advanced knowledge.
Pay Structure Differences: Non-exempt employees are commonly paid hourly and compensated for each hour worked, while exempt employees usually receive a fixed salary regardless of the number of hours worked in a week.
Misclassification Consequences: When workers are incorrectly classified as exempt, they may be denied overtime pay, resulting in lost wages and potential violations of federal labor laws.

Common Wage and Hour Claims in the Workplace

Wage and hour violations can occur in many forms, and employees may not always realize when their rights are being violated. Federal labor laws require employers to compensate workers fairly for all hours worked and to follow strict rules regarding payroll practices. When employers fail to meet these requirements, employees may have legal claims related to unpaid wages or improper compensation practices. Understanding the most common types of wage and hour disputes can help workers identify potential violations and take appropriate action. In situations involving unpaid wages or questionable pay practices, employment law attorneys can help evaluate whether an employer’s actions comply with federal labor regulations.

Typical wage and hour claims include the following:

Unpaid Overtime: Non-exempt employees must receive overtime pay at one and a half times their regular rate for hours worked beyond 40 in a workweek. Failing to pay this additional compensation may violate federal labor laws.
Off-the-Clock Work: Employees must be paid for all time spent performing job-related duties. When employers require workers to complete tasks before clocking in, after clocking out, or during unpaid breaks, it may result in wage violations.
Improper Pay Deductions: Employers must follow strict rules when making deductions from employee paychecks. Unauthorized deductions for items such as uniforms, equipment, or workplace shortages can sometimes reduce wages below the legal minimum and lead to disputes.

If you believe your employer may have violated wage and hour laws, it is important to understand your legal options. Speaking with experienced employment law attorneys can help you determine whether unpaid overtime, off-the-clock work, or improper deductions may have affected your pay. Contact us today to discuss your situation and learn how you can take the next step toward protecting your workplace rights.

Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal

services offered is greater than that of other lawyers. The information contained on this website is not

a substitute for legal advice, and reading it does not create an attorney-client relationship.

Guidance From Employment Law Attorneys for Birmingham, AL, on Retaliation

Thu, 15 Jan 2026 15:02:46 GMT

When you speak up at work, you should never face punishment for doing the right thing. At Allen D. Arnold Attorney at Law, our team helps employees recognize workplace retaliation and understand how to respond. If you believe your employer acted against you after raising a concern, experienced employment law attorneys can guide you through your next steps.

For support, call 205‑252‑1550 .

What Retaliation Looks Like After a Workplace Complaint

Retaliation can show up in many ways, and some signs are easier to miss than others. Employees often report:

Demotions or reduced responsibilities.
Cut hours without a valid reason.
Hostile treatment , exclusion, or unfair criticism.
Pay cuts after raising concerns.
Unwanted shift changes that disrupt personal schedules.
Job threats or comments that create fear of termination.

These actions often appear shortly after an employee reports discrimination, harassment, wage violations, or unsafe working conditions. If you notice changes like these, employment law attorneys can help you determine whether retaliation has occurred and what steps to take next.

Your Legal Protections Under Federal and Alabama Law

Employees are protected when they report workplace problems. Federal laws like Title VII, OSHA rules, and the Fair Labor Standards Act safeguard workers who speak up about discrimination, safety issues, or wage concerns. Alabama law also protects employees who make good‑faith complaints.

You are protected when you:

Report discrimination or harassment.
File a safety complaint.
Request fair pay.
Participate in an investigation.
Support a coworker who raised a concern.

If you experience any of these actions, employment law attorneys can help you evaluate your rights and decide your next steps.

How Attorneys Help You Build a Strong Retaliation Claim

Retaliation cases require clear, organized evidence. Many employees feel unsure about what qualifies as proof or how to document what they’re experiencing. Working with employment law attorneys helps you avoid mistakes and build a strong claim.

Attorneys can help you:

Document each incident with dates, times, and details.
Gather emails, messages, and performance records.
Identify witnesses who observed the retaliation.
Connect your complaint to the employer’s adverse actions.
File your claim within strict legal deadlines.

A skilled legal team can also help you create a clear timeline and present your evidence effectively. This is where an experienced employment law firm becomes especially valuable.

Steps to Take When You Suspect Retaliation

If you think your employer is retaliating, taking early action can strengthen your case. Helpful steps include:

Write down each incident with dates and details.
Save emails, texts, and other communication.
Keep performance reviews and work records
Stay professional and avoid confrontations.
Contact an attorney as soon as possible.

You can learn more about your rights by visiting our employment law services page .

Additional Signs of Retaliation Employees Often Overlook

Not all retaliation is dramatic. Some forms are subtle but still unlawful. Employees sometimes miss these warning signs:

Sudden negative performance reviews after years of positive feedback.
Being excluded from meetings or training opportunities.
Unexplained disciplinary write-ups.
Changes in job expectations that set you up to fail.
Loss of remote work privileges without justification.
Increased micromanagement or surveillance.

If these changes began after you raised a concern, employment law attorneys can help you determine whether they are part of a retaliation pattern.

How Retaliation Affects Your Career and Well‑Being

Retaliation doesn’t just impact your job. It can affect your financial stability, mental health, and long‑term career growth, making it harder to feel secure or advance professionally.

Employees often experience:

Stress and anxiety.
Fear of job loss.
Difficulty advancing within the company.
Damage to professional reputation.
Loss of income or benefits.

Understanding the impact helps you communicate the full extent of the harm when building your claim with employment attorneys.

What to Expect During a Retaliation Case

Many employees feel uncertain about what happens after they contact an attorney. While every case is unique, the process often includes:

Reviewing your complaint and timeline.
Gathering documents and witness statements.
Communicating with your employer or their legal team.
Filing with the EEOC or appropriate agency.
Negotiating a settlement or preparing for litigation.

Throughout the process, employment law attorneys will guide you, protect your rights, and help you understand each step.

Why Working With the Right Attorney Matters

Retaliation cases can feel overwhelming. Many employees worry about job security or how long the process will take. Having employment law attorneys by your side gives you clarity and confidence.

An attorney can help you:

Understand your rights.
Plan your next steps.
Protect your job while your claim is reviewed.
Seek fair compensation for the harm you experienced.

You do not have to face your employer alone. A knowledgeable legal team can help you move forward with strength and certainty.

Talk With an Attorney Who Can Help You Move Forward

If you believe your employer retaliated after you filed a complaint, you deserve clear guidance and strong representation. Allen D. Arnold, Attorney at Law, is ready to help you understand your rights and take action.

You can call 205‑252‑1550 or visit our contact page to get started.

How an Employment Lawyer Can Help You in Workplace Disputes

Tue, 09 Dec 2025 14:09:03 GMT

Workplace disputes rarely appear out of nowhere. Most of the time, early warning signs start to show long before a situation becomes serious, but many employees overlook them or hope the conflict will resolve itself. Unfortunately, waiting too long can weaken your position and make it harder to protect your rights. This is why speaking with an employment attorney as soon as concerns arise can help you understand what steps to take before the situation escalates. In this blog post, we will explore how the guidance from a law firm like Allen D. Arnold Attorney at Law, an employment lawyer servicing Huntsville, AL, provides the clarity and direction you need to prepare for potential disputes.

Recognizing the Early Signs of Workplace Conflict

Before a dispute becomes official, most employees notice certain changes in behavior or communication. These early shifts often indicate that a deeper issue is forming.

Common early signs may include:

Sudden changes in workload or responsibilities.
New or inconsistent performance criticisms.
Exclusion from meetings or projects.
Hostile comments or uncomfortable interactions.
HR involvement without a clear explanation.
Unfair changes to schedules, pay, or job duties.

An employment lawyer can help you identify whether these early signs connect to larger concerns such as discrimination, retaliation, wage violations, or harassment.

Why Preparation Matters Long Before a Dispute Becomes Serious

One of the biggest advantages of preparing early is the ability to gather a clear record of what is happening. Many employees wait until they are written up, demoted, or terminated before seeking help, but by then, important evidence may be lost or harder to retrieve.

Talking with an employment lawyer early helps you:

Understand how your employer may respond.
Document behavior that might otherwise go unnoticed.
Preserve emails, messages, and performance notes.
Protect deadlines for filing claims.
Avoid statements or actions that employers may use against you.

A solid foundation built early gives you more control over what happens next.

How Allen D. Arnold Helps You Prepare for Workplace Issues

Allen D. Arnold works with employees who are dealing with difficult workplace situations. Many clients reach out before a conflict becomes results in a demotion or termination, allowing them to take thoughtful, strategic steps early on. Below are some of the ways he assists employees during the preparation stage.

Guidance on Gathering Strong and Organized Evidence

Evidence is one of the most important factors in any workplace dispute. An employment lawyer servicing Huntsville, AL, will help you collect and organize:

Emails or messages that show patterns of behavior.
Copies of performance reviews or write-ups.
Notes about incidents that may violate policies or laws.
Timesheets or wage records.
Employee handbooks or HR policies.

By reviewing this information, the employment attorney can help you understand which details support your claim and which information may become important later.

Advice on Communicating With HR the Right Way

HR is supposed to help employees, but their priority is to protect the company. How you communicate with HR can shape how your dispute is handled.

An employment lawyer can guide you on:

When to report an issue.
How much detail to share.
What to document in writing.
What to avoid saying.
How to respond if HR dismisses or ignores your concerns.
What is protected by anti-retaliation laws and what is not protected.

Allen D. Arnold often helps employees prepare emails, document meetings, and track patterns so they can show clear evidence of their attempts to resolve issues properly.

Protecting Your Rights Before Retaliation or Escalation Occurs

Retaliation is unfortunately common, especially when workers raise concerns about discrimination, harassment, or wage violations. An employment lawyer can help you recognize early signs of retaliation and explain what steps to take if your employer begins to change your duties, performance reviews, or schedule after a complaint.

Allen D. Arnold also helps workers understand legal protections that apply under federal and state laws, giving them a clearer picture of where they stand.

Mistakes Employees Often Make When Handling Disputes Alone

Workplace conflicts can be emotional, and employees often act quickly without thinking about the long-term consequences. Below are some of the most common mistakes employees make when they do not get early advice from an employment lawyer servicing Huntsville, AL.

Failing to Document Incidents Properly

Some employees rely on memory instead of keeping detailed records. Without written evidence, employers may deny claims or offer different explanations for their actions.

Reporting Concerns Only Verbally

Verbal conversations are hard to prove. Putting concerns in writing creates a record that helps show what was reported and when.

Trusting HR Without Understanding Their Role

HR does not represent the employee. Their priority is to limit the company’s legal risk. This misunderstanding can lead to missteps during interviews or meetings.

Waiting Too Long to Seek Help

Deadlines for employment claims can arrive faster than people expect. Missing one can prevent an employee from filing a case at all.

Responding Emotionally Instead of Strategically

When emotions run high, employees may say things that can be used against them. An employment lawyer helps guide communication, so it remains clear, calm, and professional.

Get Prepared With Legal Guidance—Contact Allen D. Arnold

Workplace disputes are stressful, but you don’t have to face them alone or wait until things worsen. If you’re noticing the early signs of conflict or simply want to understand the best way to protect yourself, contact Allen D. Arnold Attorney at Law today at 205-252-1550 to book your free consultation with an employment lawyer servicing Huntsville, AL.

Reasons to Hire an Employment Attorney Before a Workplace Dispute Escalates

Fri, 05 Dec 2025 14:56:23 GMT

When workplace problems come up, most people try to handle things on their own and hope the situation gets better. But when the issue affects your job, your paycheck, or your future, trying to navigate it alone can make everything more stressful. At Allen D. Arnold Attorney at Law, we see employees every day who waited too long to speak with an employment attorney, and by the time they reach out, their employer already has the upper hand. This blog will help you understand why early legal guidance matters and how an employment attorney can protect your rights from the very start.

Understanding Why Timing Is Everything in Workplace Disputes

One of the biggest mistakes employees make is delaying action. When you wait to get help, you may lose access to important evidence, witnesses may forget details, and your employer may build a case that weakens your claims.

When you put off speaking with an attorney, you may run into problems such as:

Missing key deadlines for discrimination or retaliation claims.
Allowing harmful behavior to continue without documentation.
Giving your employer time to create a paper trail that hurts your credibility.
Losing access to vital emails, messages, or records.

An employment lawyer can help you take immediate steps to preserve evidence and protect yourself from retaliation.

What an Employment Lawyer Can Do That You Cannot Do Alone

Even the most capable employees often struggle to understand the complex rules that govern workplace protections. Federal and state laws are detailed, and one small mistake can weaken your entire case. Working with an employment attorney means having someone who understands how the system works and how to use it to your advantage.

A strong legal case depends on clear and organized evidence. An employment attorney can help you gather:

Written communication.
Time records.
Witness statements.
Performance reviews.
Company policies.

By reviewing these documents, your attorney can build a strategy that supports your claims and prepares you for any pushback from your employer.

Common Situations When You Should Call an Employment Attorney Right Away

At Allen D. Arnold Attorney at Law, we regularly work with employees who are dealing with serious and complicated workplace problems. If you are facing one of the situations below, you should speak with an employment lawyer as soon as possible.

Discrimination at Work

Discrimination can show up in many forms, including:

Unequal treatment based on sex or pregnancy.
Negative actions related to medical or military leave.
Discrimination tied to LGBTQ identity.
Being passed over for promotions or opportunities.

An employment attorney can help you determine whether the behavior you are experiencing meets the legal definition of discrimination and what steps to take next.

Workplace Harassment or Hostile Environment

Harassment does not have to be physical to be harmful. Verbal attacks, inappropriate comments, or ongoing intimidation can all create a hostile environment. When you work with an employment attorney early, your attorney can guide you through documenting incidents and reporting them in a way that protects your rights.

Wrongful Termination or Retaliation

If you were fired or punished after reporting a problem, you may have a strong claim. Many employees are not aware that employers cannot legally retaliate against them for speaking up. Early legal support allows you to preserve key details and act quickly.

Wage and Overtime Problems

Unpaid overtime, missing wages, or misclassification as an independent contractor can leave you with significant financial losses. An experienced employment attorney can review your pay records, identify violations, and take steps to recover the money you are owed.

How Allen D. Arnold Provides Personal Support and Legal Strength

When you choose Allen D. Arnold Attorney at Law, you are not treated like a number. You work directly with an attorney who listens carefully to your story, reviews your evidence, and gives you honest feedback about your options.

Personal Attention During Every Step

We take time to learn about your situation, answer your questions, and help you understand what to expect. This personal approach helps us build strong cases and reduces stress for our clients.

Clear and Strategic Planning

A successful claim does not happen by accident. It requires a clear plan that considers timing, available evidence, and the actions your employer may take next. As your employment attorney, we create a focused strategy that best supports your claim.

Strong Legal Protection

Many employees feel scared or overwhelmed when a workplace issue grows serious. Having an employment lawyer by your side gives you the protection and confidence you need. You will always know your rights, your options, and the best path forward.

When in Doubt, Reach Out Early for Legal Help

If you are dealing with workplace problems or want to understand whether your rights have been violated, now is the time to take action. Contact Allen D. Arnold Attorney at Law at 205-252-1550 and speak with an employment attorney servicing Birmingham, AL, who will help you take control of your situation and protect your future.

Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice, and reading it does not create an attorney-client relationship .

Your Guide to Employment Rights Law in Huntsville, AL

Thu, 04 Dec 2025 17:04:37 GMT

Many employees in Huntsville deal with workplace issues without realizing that the law may actually protect them. Some workers assume that unfair treatment is simply part of the job, while others do not recognize the signs of discrimination, wage violations, or retaliation until the damage is already done. That is why understanding how employment rights law works in Huntsville, AL, is so important. With clear information and early guidance from an employment law attorney servicing the area, like Allen D. Arnold Attorney at Law, workers can understand what the law requires from employers and what steps they can take if something feels wrong.

Why So Many Employees Do Not Realize Their Rights Have Been Violated

A major challenge with employment rights law is that violations are often subtle. Many employers use unclear policies, vague explanations, or shifting expectations that make it hard for employees to recognize when a legal line has been crossed. In some situations, workers fear speaking up because they worry about losing their jobs. In others, they do not know the exact protections they have under state and federal law.

An employment law attorney can help employees sort through complicated workplace situations and determine whether the behavior they are dealing with is simply unfair or actually unlawful. This guidance is often the first step in stopping harmful patterns early.

Key Protections in Alabama Employment Rights Law

Employment rights law covers many different areas of workplace conduct. Below are some of the most important protections that apply to Huntsville employees.

Protections Against Workplace Discrimination

Employment rights law makes it illegal for employers to treat employees differently because of protected characteristics. These may include sex, race, pregnancy, disability, age, religion, and other protected traits. Discrimination can occur through hiring, firing, demotions, pay cuts, or denying training or opportunities.

Many workers do not recognize discrimination until much later, especially when the employer’s actions are subtle. Speaking with an employment law attorney can help employees understand patterns of behavior and whether those patterns may be illegal.

Wage and Overtime Rights

Wage violations are widespread, and many employees never realize they are being underpaid. Employment rights law requires employers to follow rules regarding overtime, minimum wage, meal breaks, and classification of workers. When employers misclassify workers as exempt or treat employees like contractors, the company may be violating wage rules.

An employment law attorney can review pay records, schedules, and job duties to determine whether wage laws have been broken.

Harassment Laws and Hostile Work Environments

Harassment is not always obvious. Sometimes it involves repeated comments, unfair treatment, or behavior that slowly becomes more aggressive. Under employment rights law, harassment becomes illegal when it is severe or ongoing and connected to a protected characteristic. A hostile work environment can put a worker’s mental and emotional well-being at risk.

Employees often stay silent because they are unsure whether the behavior qualifies as harassment. This is where guidance from an employment law attorney can make a real difference.

Reasonable Accommodations for Disabilities or Medical Needs

Employment rights law requires employers to provide accommodations for employees with disabilities, medical conditions, or pregnancy-related needs, as long as the accommodation does not create an undue hardship for the business. Some common accommodations include modified schedules, temporary task adjustments, or medical leave.

Many Huntsville workers do not realize they have the right to request changes that help them perform their jobs safely. If an employer refuses to talk about accommodations or punishes an employee for asking, that may violate the law.

Laws Protecting Employees From Retaliation

Retaliation is one of the most common employment law issues. A worker may be retaliated against for reporting discrimination, filing a wage claim, requesting accommodations, or speaking up about harassment. Retaliation can take many forms, including demotions, schedule changes, negative performance reviews, or termination.

Employment rights law makes retaliation illegal. Still, many employees feel powerless when it happens. An attorney can help identify retaliatory behavior early and take steps to protect the employee.

How an Employment Law Attorney Servicing Huntsville, AL, Can Help

Trying to navigate employment rights law on your own can feel overwhelming. The laws are detailed, the deadlines can be strict, and employers often have legal teams advising them long before a worker realizes there is a problem.

Employment law attorneys servicing Huntsville, AL, support employees by:

Explaining how the law applies to their situation.
Reviewing evidence such as emails, pay records, and performance documents.
Helping workers understand what behavior is unlawful.
Giving clear direction on how to document incidents.
Protecting employees from retaliation.
Standing between the worker and the employer when communication becomes stressful.

Because many people wait too long to speak with an attorney, early guidance can prevent misunderstandings, preserve evidence, and strengthen the overall case.

If Something Feels Wrong at Work, Contact Us Today

Workplace issues rarely fix themselves. If you believe your rights may have been violated or you want to understand how employment rights law applies to your situation, reaching out for legal guidance can make all the difference. Contact Allen D. Arnold Attorney at Law at 205-252-1550 to book a consultation with an attorney servicing Huntsville, AL. Let us help you understand your options and protect your future.

How Employment Law Attorneys Help in Hostile Workplaces

Wed, 03 Dec 2025 18:37:02 GMT

Are you feeling uncomfortable or targeted at work? Many employees endure harassment or bullying but often wonder if the behavior crosses a legal boundary. At Allen D. Arnold Attorney at Law, servicing Birmingham, AL, our employment law attorneys dedicate themselves to helping workers who face hostile work environments. If you’re experiencing intimidation, discrimination, or retaliation at work, our team is ready to guide you through your rights and legal options made possible by Employment Rights Law. Don’t stay in the dark when actionable solutions and support are available from employment law attorneys.

Defining a Hostile Work Environment: Legal Standards Explained

A hostile work environment isn’t simply a bad day at the office or a rude comment from a colleague. Legally, it occurs when unwelcome conduct rises to a level that a reasonable person would consider intimidating, hostile, or abusive, and also changes the terms and conditions of your employment. This could include workplace harassment, ongoing bullying, racial or gender discrimination, or retaliation for reporting misconduct.

Employment law attorneys servicing Birmingham, AL, follow nuanced legal standards to determine if a situation truly qualifies. It’s not about isolated incidents but persistent patterns—like sexual harassment, derogatory remarks, repeated threats, or any actions that interfere with an employee’s ability to do their job comfortably. If such conduct occurs, it violates employment rights law, and workers are entitled to remedies.

Common Examples of Hostile Work Environments in Birmingham, AL

Every employment issue is unique, but hostile work environments often include:

Harassment: Unwanted advances, lewd comments, racial slurs, or other recurring inappropriate behavior.
Targeted Bullying: Employees singled out through humiliation, excessive criticism, or sabotage of work performance because of a person’s race, sex, religion, national origin, age, or disability.
Retaliation: Punishment after reporting illegal activity or supporting others who complain about workplace unfairness.
Intimidation: Threats, invasive questioning, or actions meant to coerce silence.

Our employment law attorneys for Birmingham, AL, routinely see these issues affecting clients throughout the area. Many employees hesitate to act, unsure if their experiences rise to the level of a legal violation.

How Employment Rights Law Protects Birmingham Workers

Employment Rights Law provides vital protections for Alabama employees facing hostile work environments. It prohibits harassment and discrimination based on race, color, religion, sex, national origin, age, disability, and other protected categories. Retaliation for participating in investigations or for reporting misconduct is also unlawful.

We know that understanding employment rights law can seem overwhelming. That’s why our attorneys carefully assess every situation, explaining how local and federal regulations apply to your case. We also ensure clients recognize their right to safety and respect at work.

For those new to these legal concepts, we recommend exploring our Legal Questions FAQ , which covers many common concerns Birmingham area employees have.

How Our Employment Law Attorneys Approach Hostile Work Environments

Employment law attorneys servicing Birmingham, AL, don’t just offer legal advice, they actively work to secure positive outcomes for workers. Here’s how our process typically unfolds:

Intake and Fact Gathering: We listen to your story and document dates, locations, witnesses, and any written evidence (emails, texts, photos).
Legal Analysis: Using our experience in Employment Rights Law, we analyze whether the conduct constitutes a violation and what laws apply.
Employer Engagement: This could involve negotiating settlements or demanding policy changes.
Filing Complaints: When negotiation fails, our team files the necessary complaints with authorities such as the Equal Employment Opportunity Commission (EEOC) or the federal courts.
Navigating Resolution: From mediation to litigation, we advocate for fair compensation, reinstatement, or other remedies provided under Employment Rights Law.

Throughout each step, our clients appreciate the clarity we offer on legal definitions and procedural options.

If you want to learn more about who we are and how we’re committed to protecting local workers, visit our About Us page .

The Importance of Early Action

Waiting to address a hostile work environment only compounds stress and allows misconduct to continue unchecked. The sooner you consult employment law attorneys, the faster your situation can be evaluated and resolved. Employment Rights Law has specific reporting deadlines, missing them could mean losing your right to relief.

We recommend documenting every incident, maintaining a timeline, and saving evidence if you suspect a workplace violation. When you reach out to our office servicing Birmingham, AL, you benefit from a careful review, not just legal guidance, but practical strategies for protecting your employment and well-being.

Don’t Face Hostile Work Environments Alone: Contact Our Team Today

Facing a hostile work environment is unsettling, but you don’t have to handle it by yourself. Our Employment Law Attorneys at Allen D. Arnold Attorney at Law are here to safeguard your rights and provide the clarity you need at every stage. If you’re concerned about workplace harassment, bullying, or retaliation, contact us for a confidential consultation, let’s discuss your situation and deliver the help you deserve under Employment Rights Law.

Ready to take action? Reach out through our contact us page or call 205-252-1550 . We’re committed to providing workers servicing Birmingham, AL, with the strong representation and support they need to move forward.

Employment Lawyer: Defends Workers From Wrongful Termination

Wed, 03 Dec 2025 17:16:36 GMT

Being wrongfully terminated can turn your professional and personal life upside down, leaving you with questions about your legal rights and options. If you are facing such a situation, an employment lawyer servicing Montgomery, AL, can provide the guidance and support you need to protect yourself. At Allen D. Arnold Attorney at Law, based in Birmingham, AL, we understand the complexities of employment law and how critical it is to have a trusted employment lawyer when dealing with termination issues. This article will explain what wrongful termination looks like under Alabama and federal law, clarify the difference between lawful at-will firing and unlawful termination motivated by discrimination or retaliation, and show how an employment attorney can help you seek rightful compensation.

What Constitutes Wrongful Termination?

Wrongful termination occurs when an employee is dismissed from their job in violation of federal or state laws. In Alabama, employment is typically “at-will,” meaning an employer can terminate an employee for almost any reason or no reason—except for reasons that infringe upon protected legal rights. However, termination crosses the line into wrongful dismissal if it violates specific legal prohibitions.

Wrongful termination under Alabama law and federal law may include termination based on discrimination, retaliation, or participation in protected activities. For example, firing an employee due to race, gender, age, disability, religion, or national origin violates Title VII of the Civil Rights Act and other federal statutes. Similarly, if an employee is fired for complaining about workplace safety or unfair labor practices, it may constitute unlawful retaliation.

Lawful At-Will Firing vs. Unlawful Termination

Alabama’s at-will employment doctrine gives employers considerable discretion to terminate employees without cause. However, this broad power has boundaries. Lawful at-will termination happens when an employer ends employment for legitimate reasons—such as poor job performance, company restructuring, or violation of workplace policies—that are not influenced by protected factors.

Unlawful termination, on the other hand, involves firing an employee for impermissible reasons, such as:

Discriminatory motives related to protected classes under federal or state law.
Retaliation against employees who report harassment, discrimination, or legal violations.
Firing an employee for exercising their legal rights, like taking family leave or filing a workers’ compensation claim.

Distinguishing between a lawful at-will firing and wrongful termination can be complex. This is where an employment attorney can analyze the facts and identify whether your termination was illegal.

How Allen D. Arnold, Employment Attorney, Can Help

When facing wrongful termination, gathering evidence and proving employer misconduct is vital for obtaining justice. Allen D. Arnold Attorney at Law offers legal services for individuals in the Montgomery, AL, area who need an employment lawyer to defend their rights.

Allen D. Arnold can investigate the circumstances surrounding your termination by collecting documents, reviewing employment records, and interviewing witnesses. Through a thorough inquiry, Allen D. Arnold can assess your employer’s motives and determine if unlawful discrimination, retaliation, or other protected activity was a factor in your dismissal.

Once a wrongful termination claim is established, an employment lawyer will work to negotiate compensation or pursue legal action on your behalf. This compensation can include back pay, reinstatement, emotional distress damages, and attorney’s fees depending on your case.

Why You Need an Employment Lawyer

Facing a wrongful termination claim without professional legal assistance can be daunting, especially given the complex nature of employment law. Here’s why partnering with an employment lawyer is essential to protect your rights and maximize your chances of success:

Complex Legal Standards: Employment laws, both at the state and federal levels, contain intricate regulations or legal interpretations regarding what constitutes wrongful termination. Misunderstanding these laws can lead to weakened claims or outright dismissal. An employment lawyer stays up-to-date on these evolving standards and applies them accurately to your case.
Procedural Nuances: Filing a wrongful termination lawsuit involves strict deadlines, specific documentation requirements, and procedural steps that must be followed precisely. Failure to comply can jeopardize your ability to pursue compensation. Legal counsel ensures all procedural rules are met in a timely fashion.
Evidence Gathering and Analysis: A critical piece of any wrongful termination claim is gathering and interpreting evidence such as employment contracts, termination notices, emails, workplace policies, and witness statements. An employment attorney has the experience to identify the most impactful evidence and piece together your employer’s motives.
Strategic Legal Advice: From your first consultation, an employment lawyer will assess the strengths and weaknesses of your case, advise you on realistic outcomes, and outline your options—including negotiations, mediation, or litigation. This guidance helps you make informed decisions every step of the way.
Advocacy and Negotiation: Employers often have legal teams and substantial resources to defend against wrongful termination claims. Having an employment lawyer on your side helps level the playing field by offering vigorous advocacy in settlement talks or court proceedings. They fight to secure fair compensation for lost wages, emotional distress, and other damages.
Protecting Your Future: Beyond immediate relief, an attorney can ensure your rights are protected moving forward. This might include negotiating references, reinstatement terms, or ensuring compliance with anti-retaliation laws to prevent further workplace harm.

Take Action Today if You Believe You’ve Been Wrongfully Terminated

If you have been fired and suspect your termination was unlawful, don’t wait to seek legal advice. Allen D. Arnold Attorney at Law, servicing Montgomery, AL, is ready to listen, evaluate your situation, and explain your rights clearly. Protecting yourself with an employment lawyer can make a significant difference in the outcome of your case. Contact Allen D. Arnold Attorney at Law today to schedule a consultation and take the first step toward securing the justice and compensation you deserve. Your employment rights matter—and having the right employment attorney on your side is critical.

Guide to Discrimination Legal Attorneys serving Huntsville, AL

Wed, 27 Aug 2025 16:49:38 GMT

In the workplace, everyone deserves to be treated fairly and respectfully. Unfortunately, many individuals across Alabama continue to face discrimination based on race, gender, age, religion, or disability. If you're dealing with such injustice, consulting a discrimination legal attorney serving Huntsville, AL , can make a powerful difference in your outcome. At Allen D. Arnold Attorney at Law, our focus is on defending the rights of workers and helping them understand the legal tools available to fight back.

Understanding Employment Discrimination

Employment discrimination occurs when an employee or job applicant is treated unfavorably because of characteristics such as race, color, national origin, sex, religion, age (40 or older), or disability. These protections are part of Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). A discrimination legal attorney serving Huntsville, AL, can help identify whether your situation qualifies under these statutes and provide immediate guidance.

The Role of a Discrimination Legal Attorney serving Huntsville, AL

Working with a discrimination legal attorney serving Huntsville, AL, means gaining access to deep legal knowledge, experience with precedent-setting cases, and the resources necessary to build a strong claim.

Here's what you can expect when you hire a attorney like Allen D. Arnold:

Case Evaluation : Your attorney will assess whether you have a valid discrimination case.
Evidence Gathering : From emails to witness testimony, building a factual record is critical.
Navigating Complex Laws : Anti-discrimination laws can be tricky, especially when multiple protected classes overlap.
Guidance on Legal Strategy : Whether you need to file with the Equal Employment Opportunity Commission (EEOC) or proceed with a civil lawsuit, your attorney helps map the path forward.

How the Firm Builds a Strong Case

One of the key advantages of working with Allen D. Arnold is his hands-on approach to case development. As an experienced discrimination legal attorney serving Huntsville, AL, he ensures your case is supported by solid documentation and legal arguments.

Here's how the process typically works:

Initial Consultation : This is where you’ll share your story and receive an honest assessment.
Evidence Review : The firm will review all relevant documentation, including performance reviews, termination notices, written complaints, and correspondence.
Witness Interviews : Identifying co-workers who can verify the discriminatory conduct is often crucial.
Legal Precedent Research : The firm draws on federal and state case law to support your claim.

By presenting a comprehensive case supported by facts and law, your chances of achieving a fair outcome increase significantly.

Legal Options for Victims of Discrimination

If you've been wronged in the workplace, you may feel overwhelmed and uncertain about your next steps. Fortunately, there are multiple legal pathways available.

A skilled discrimination legal attorney serving Huntsville, AL, can help you explore these routes:

Mediation: Mediation is a confidential process where a neutral third party helps both sides reach a settlement. This option is often faster and less stressful than going to trial.
EEOC Complaint: Before filing a lawsuit, you may be required to file a charge with the EEOC. Your attorney will handle all paperwork and communications to ensure compliance and strengthen your claim.
Civil Lawsuit: If informal options fail, your discrimination legal attorney serving Huntsville, AL, can file a lawsuit in state or federal court. Compensation may include back pay, emotional distress damage, attorney’s fees, and more.
Settlement Negotiations: Often, employers are willing to settle discrimination claims outside of court. Your attorney will negotiate aggressively on your behalf to reach a fair and just resolution.

What to Expect When You Work With a Attorney

Hiring a discrimination legal attorney serving Huntsville, AL, is the first step toward reclaiming your dignity and professional standing.

Here's what the process typically includes:

A clear explanation of your rights.
Help understanding employer retaliation protections.
A roadmap to collecting evidence.
Filing deadlines and legal document guidance.

Throughout the process, you'll feel empowered, not overwhelmed, as you work toward justice with the support of a knowledgeable attorney.

Why Choose Allen D. Arnold Attorney at Law?

Allen D. Arnold has a proven track record of representing victims of workplace discrimination serving Huntsville and across Alabama. Clients value his commitment to justice, personalized service, and strategic approach to legal challenges. When you choose to work with Allen, you’re not just hiring a lawyer; you’re gaining an ally who truly cares about your outcome.

Some of the reasons clients choose our firm:

Over 20 years of legal experience.
Strong community reputation.
Transparent and compassionate service.
Deep knowledge of employment and civil rights law.

If you believe you’ve been treated unfairly in the workplace due to your race, gender, age, disability, or other protected status, don’t wait. Contact us , a trusted discrimination legal attorney serving Huntsville, AL, today to take the first step toward justice. Allen D. Arnold, Attorney at Law, is here to guide you through every stage of your legal journey, from consultation to resolution.

Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal

services offered is greater than that of other lawyers. The information contained on this website is not

a substitute for legal advice, and reading it does not create an attorney-client relationship .

Trends Impacting Discrimination Law Group in Birmingham

Thu, 17 Jul 2025 11:09:15 GMT

In recent years, the laws surrounding workplace and public discrimination have changed significantly. For anyone seeking fairness and accountability, it’s essential to understand the role of the discrimination lawyer in Birmingham, AL ,. Whether you're dealing with racial bias, gender and/or sex discrimination, or unfair treatment at work, Attorney Allen D. Arnold is ready to help. Call 205-252-1550 to discuss your case and receive a free claim evaluation.

Legislative Changes Affecting Discrimination Law

Alabama is introducing new bills that address important topics like gender identity, disability rights, and protection against retaliation. Attorney Arnold stays ahead of these updates by continuously evolving legal strategies to better serve clients.

Attorney Arnold remains up to date on legislative developments and incorporates them into every case, helping clients benefit from the most current protections under the law.

A Rise in Workplace Discrimination Cases

Workplace discrimination claims in Birmingham have increased in recent years, especially following the COVID-19 pandemic. From unequal remote work access to biased discipline and failure to accommodate medical or caregiving needs, employees are speaking out.

Attorney Arnold provides dedicated, personalized legal support in these complex situations. He takes a hands-on approach—listening carefully, collecting strong evidence, and working quickly to resolve each case.

Recent legal victories show that quick, informed legal action often leads to better results. Attorney Arnold uses this momentum to help clients build strong, timely cases that stand up in court.

Addressing Intersectional Discrimination

More discrimination cases now involve intersectionality—situations where multiple forms of bias intersect, such as race, gender, and disability. These complex cases often require deeper legal insight.

Attorney Allen D. Arnold and his team in Birmingham, AL are leading the charge in recognizing and litigating these layered experiences. By addressing the full scope of a client’s discrimination, they help achieve more complete legal outcomes—ranging from compensation to changes in workplace policy.

Local Court Rulings Setting New Precedents

Recent decisions by Birmingham judges are changing how discrimination cases are evaluated—broadening definitions of “hostile work environment” and redefining what qualifies as a reasonable accommodation for disabilities.

Attorney Arnold closely tracks these local rulings and adjusts his legal strategies accordingly. This gives clients a significant edge, especially when facing judges with known precedents.

Leveraging Technology to Strengthen Claims

Digital evidence—like emails, texts, and social media posts—is increasingly critical in discrimination cases. These records often reveal patterns of unfair treatment that can be difficult to prove otherwise.

Attorney Arnold encourages clients to keep relevant communications and uses this evidence to build persuasive, well-documented cases.

Promoting Awareness and Legal Education

Community knowledge is growing in Birmingham as more people learn about their rights. Attorney Arnold contributes by hosting educational seminars, sharing legal tips through blog content, and offering individualized guidance.

Attorney Arnold believes that informed clients are empowered clients—and that education is a powerful tool in preventing discrimination.

A Legal Team You Can Trust

If you’re facing discrimination, you need a legal team that knows how to win—and cares about your outcome. Attorney Arnold offers trusted, compassionate legal support backed by years of experience.

Attorney Arnold combines legal knowledge with a genuine commitment to justice, giving each client the personalized representation they deserve.

Don’t wait to get help. Call 205-252-1550 today or visit our contact page to speak directly with Attorney Arnold. Let us evaluate your case for free—and help you take the first step toward a fair resolution.

Navigating a Discrimination Law Case in Montgomery, AL: A Step-by-Step Guide

Wed, 05 Mar 2025 09:31:11 GMT

If you are facing a discrimination law case in Montgomery, AL, it’s important to understand both your legal rights and the steps you need to take to resolve the issue. Discrimination can occur in many areas, such as in the workplace, housing, and public services, and it can happen based on race, gender, age, disability, or other protected characteristics. Allen D. Arnold, Attorney at Law, offers experience guidance for individuals dealing with these challenging situations. In this blog, we’ll explore what constitutes discrimination, the key actions to take when faced with discrimination, and why having skilled legal representation can make all the difference in the outcome of your case.

Defining Discrimination: What It Means Legally

Discrimination occurs when someone is treated unfairly or unequally based on certain personal characteristics, which are protected by law. These include, but are not limited to:

Race and Ethnicity
Gender and Sex
Age
Disability
Religion
Sexual Orientation

In Montgomery, AL, like other states, discrimination is prohibited in multiple areas, including employment, housing, education, and public accommodations. Understanding what qualifies as discrimination is key to knowing whether you have a valid case.

Navigating the Legal Process After Facing Discrimination

If you suspect you’re facing discrimination , it’s important to act quickly to protect your rights. Here are the steps you should take to handle a discrimination law case in Montgomery, AL:

Document the Incident: Start by recording every detail of the discriminatory act. This includes dates, times, locations, and the people involved.
Report the Incident: Many workplaces and housing facilities have a formal grievance process. When reporting discrimination, you should do so in writing, pursuant to the company’s discrimination reporting policy, (often to human resources or management) and you should keep a copy of your complaint.
Consult an Attorney: An experienced discrimination attorney can help you understand your legal rights and determine the best course of action. They can assist in evaluating whether you have a viable case, help with documentation, and advise on how to proceed.
File a Complaint: If the situation is not resolved internally, you can file a formal complaint the Equal Employment Opportunity Commission (EEOC) for employment discrimination. This is often the first step before pursuing legal action.
Consider Legal Action: In some cases, the issue may not be resolved through government agencies, and you may need to pursue legal action. A discrimination lawsuit can involve negotiation or, if necessary, litigation to achieve a fair resolution.

Why Seek Legal Help for a Discrimination Case in Montgomery, AL?

If you are facing a discrimination law case in Montgomery, AL, having a skilled attorney by your side is crucial for navigating the complexities of discrimination law. Discrimination cases can be challenging and emotionally draining, but with the right legal professional, you can ensure that your case is handled with the care and attention it deserves. A qualified attorney will not only protect your rights but will also guide you through each step of the legal process, helping you secure the justice and compensation you deserve.

Contact Allen D. Arnold, Attorney at Law, for Expert Legal Assistance

If you find yourself amid a discrimination law case in Montgomery, AL, it’s important to consult with an attorney who can provide the guidance you need. At Allen D. Arnold, Attorney at Law, we offer experienced legal support to individuals facing discrimination, helping you navigate the legal system and fight for justice. Contact us today to schedule a consultation and take the next step in protecting your rights.

What to Do if You’re Facing Discrimination at Work in Montgomery, AL

Wed, 05 Mar 2025 09:20:01 GMT

If you believe you're experiencing discrimination at work in Montgomery, AL, you're not alone. Discrimination in the workplace is illegal, and you have the right to take action. If you're ready to move forward with a discrimination law case in Montgomery, AL, understanding the process is key. This guide, provided by attorney Allen D. Arnold , will help you navigate the steps involved in filing a lawsuit and what you can expect along the way.

Understand the Types of Workplace Discrimination

Workplace discrimination can take many forms, and it’s important to understand what constitutes discrimination under the law. Common types include:

Racial Discrimination: Unfair treatment based on race, color, or ethnicity.
Sex Discrimination: Discrimination based on sex, gender, including sexual harassment or unequal pay.
Disability Discrimination: Treating employees unfairly because of a disability.
LGBTQ Discrimination: Discrimination against employees due to their sexual orientation or gender identity.

If you've experienced any of these types of discrimination, you may have a valid case. For more information on specific discrimination issues, like gender discrimination or general workplace discrimination , consider contacting an attorney who specializes in discrimination law cases in Montgomery, AL.

Gather Evidence to Support Your Case

Before you file a lawsuit, you'll need to gather strong evidence that supports your claims. This is crucial to building a strong case. Here are some key pieces of evidence you should collect:

Emails and Messages: Save any emails or messages that demonstrate discriminatory behavior or comments.
Witness Statements: If coworkers have witnessed the discrimination, ask if they can provide written statements.
Written Policies: Obtain your company’s anti-discrimination policies, the company handbook, or the policies that your managers are applying to you in a discriminatory manner to show if your employer violated them.

Document everything. The more detailed your evidence, the stronger your case will be when you approach the court.

Understand the Legal Timeline

Filing a discrimination law case in Montgomery, AL, involves several key steps. Here's a basic overview:

1. File a Complaint: You must file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory act. This will allow you to obtain a "Right to Sue" letter. We can assist you with this process and it is often best if an attorney guides you from the beginning.

2. Investigations and Mediation: The EEOC will investigate your complaint. In many cases, they may attempt to mediate the dispute before moving to court.

3. Filing a Lawsuit: If the EEOC does not resolve the matter, you can file a lawsuit in court. This step often requires legal expertise, so consulting with an experienced attorney is critical.

The timeline of your case can vary based on the circumstances, but knowing what to expect will help you prepare.

Work With an Experienced Attorney

Navigating a discrimination law case on your own can be overwhelming, especially if you're dealing with emotional and financial stress at work. Having an attorney on your side makes a significant difference.

Allen D. Arnold Attorney at Law, is here to guide you through every step of the process. Our team has the knowledge and experience to help you build a strong case, fight back against discrimination, and secure the justice you deserve.

Take Action Today With Well Seasoned Legal Support

If you're facing workplace discrimination in Montgomery, AL, don’t hesitate to seek legal advice from Allen D. Arnold Attorney at Law, Inc. Call us today at (205) 252-1550 to learn how we can help you file your discrimination lawsuit with confidence. We understand the challenges you're facing and are ready to stand by your side as you take the necessary steps toward justice.

Hiring a Lawyer After Being Fired Due to Discrimination

Sun, 29 Dec 2024 23:51:21 GMT

Being fired from a job can be a distressing experience, especially when the termination feels unjust. When the reason for your dismissal involves unlawful discrimination, it’s crucial to seek legal guidance to protect your rights and ensure that you are treated fairly. Unlawful discrimination in the workplace can take many forms, including discrimination based on race, gender, age, disability, sexual orientation, religion, or other protected characteristics. If you believe that you have been fired due to discrimination, here’s why you need a lawyer to help navigate the situation.

Understanding Your Rights

The first step after being fired due to potential unlawful discrimination is understanding your legal rights. U.S. law protects employees from discrimination under various federal, state, and local laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and other legal protections. However, these laws can be complex, and knowing whether your firing was discriminatory, and if so, which laws apply to your case, requires expert legal knowledge.

A lawyer specializing in employment law can analyze the circumstances of your dismissal and determine whether your rights were violated.

Gathering Evidence

Proving discrimination requires solid evidence. In many cases, the evidence isn’t readily available, as discriminatory acts often occur behind closed doors or in subtle ways that are difficult to document. A lawyer can guide you on how to collect relevant evidence, such as emails, messages, performance reviews, witness statements, or any documentation that suggests discrimination. Additionally, your lawyer can help you determine if there were any patterns of discriminatory behavior at your workplace that could strengthen your case.

Your lawyer’s expertise in handling employment discrimination cases gives them an edge in identifying important pieces of evidence that you may not have considered, and they can help ensure that the evidence you gather is admissible in court if necessary.

Protecting You from Retaliation

In addition to discrimination, firing an employee in retaliation for reporting discrimination or participating in an investigation is also illegal. Unfortunately, some employers may retaliate against employees for taking legal action. This can include being blacklisted from future employment opportunities, further harassment, or other forms of punitive behavior. If you have been fired due to unlawful discrimination and then face retaliation after making a complaint or taking legal action, a lawyer will be crucial in defending your rights. They can help protect you from retaliatory actions and provide legal recourse if retaliation occurs.

Negotiating a Settlement

Many cases of unlawful discrimination can be resolved through settlement negotiations, where both parties agree without going to trial. A lawyer with experience in employment discrimination cases can help you understand whether a settlement offer is fair or if you should pursue legal action. They can assist in negotiating the terms of the settlement, ensuring that you receive the compensation you deserve for lost wages, emotional distress, and other damages related to the unlawful firing. Lawyers are also skilled in dealing with insurance companies or the employer’s legal team and can help you secure a settlement that reflects the full scope of your losses.

Ensuring Fair Compensation

If your firing was due to unlawful discrimination, you may be entitled to various forms of compensation. This can include back pay for wages lost during the period you were unemployed, compensation for emotional distress, punitive damages, or even reinstatement to your position. A lawyer will help you determine the appropriate amount of compensation for your case and ensure that you are not shortchanged. They will also work to maximize the damages you are entitled to by presenting your case in the strongest possible light, backed by evidence and expert legal strategies.

Being fired due to unlawful discrimination is a traumatic experience that can have lasting effects on both your career and emotional well-being. Seeking legal representation is essential to ensuring that your rights are protected and that you receive the compensation you deserve. By hiring a lawyer, you can take the necessary steps to hold your employer accountable and move forward with confidence.

For more information about this, contact the law office of Attorney Allen D. Arnold .

Know Your Employee Rights as an Active-Duty Military Member

Tue, 22 Oct 2024 17:27:26 GMT

Understanding your employee rights is crucial, especially when balancing a military career with civilian employment. You may face unique challenges as an active-duty military member. The knowledge of your rights ensures you are protected and treated fairly in the workplace. This guide outlines the key aspects of your rights under employment law, helping you to manage both your military and civilian duties confidently.

The Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA provides crucial protections for military members. This federal law ensures that you can return to your civilian job after military service. The Act mandates that employers must hold your position open or offer a similar position with equivalent seniority, status, and pay. USERRA prohibits discrimination based on military service, safeguarding your employment rights.

Your Rights During Military Leave

When called to active duty, you have the right to take military leave from your civilian job. Employers cannot deny you this leave or retaliate against you for taking it. USERRA ensures your benefits and job security remain intact during your service. It's important to notify your employer of your service obligations and provide the necessary documentation.

Reemployment Rights After Active Duty

Upon returning from active duty, you have the right to be reemployed in the job you would have attained if not for your military service. This protection ensures that your service does not hinder your career progression. You must apply for reemployment within a specified period, typically 90 days for military service longer than 180 days .

Protection Against Discrimination

Employment discrimination due to military obligations is illegal. Under USERRA, your employer cannot discriminate against you for your military status when it comes to hiring, promotion, or other employment benefits. If you face discrimination, you can seek assistance from a discrimination law attorney to ensure your rights are upheld.

Health and Pension Benefits

USERRA also protects your health and pension benefits during military leave. You can choose to continue your employer-sponsored health insurance for up to 24 months while on active duty. Upon return, your pension benefits should be reinstated as if there was no break in employment, ensuring no loss of accrued benefits.

Employer Obligations and Support

Employers have responsibilities under USERRA. They must post notices informing employees of their rights, provide necessary documentation, and facilitate the reemployment process. A supportive employer fosters a positive work environment, recognizing the value of your military service.

Seeking Legal Assistance

Navigating employment law can be complex. If you encounter difficulties with your employer regarding your military status, consult a discrimination law attorney. These legal professionals specialize in protecting your rights and can provide guidance and representation.

Maintaining Communication With Your Employer

Effective communication with your employer is key. Keep your employer informed of your military obligations and any changes to your service status. Providing timely updates helps maintain a positive relationship and ensures your employer can plan accordingly.

Balancing Civilian and Military Responsibilities

Balancing your dual roles requires careful planning. Understanding your rights allows you to focus on your military duties without worrying about your civilian job. Utilize available resources, such as military support programs and employer assistance programs, to ease the transition between roles.

Staying Informed

Stay informed about your rights by regularly reviewing USERRA updates and other employment laws. Knowledge empowers you to advocate for yourself and ensures you receive the protection(s) you deserve. Various resources are available online, including government websites and military support organizations, to keep you updated.

Understanding your employee rights as an active-duty military member is essential for a successful civilian career. By knowing your protections under employment law, you can focus on serving your country while maintaining your civilian employment.

Contact Attorney Allen D. Arnold to learn more about your rights as an employed military member.

How to Recognize Sexual Harassment at Work

Thu, 26 Sep 2024 19:54:00 GMT

Sexual harassment in the workplace is an unfortunate reality that can create a hostile environment and negatively impact your professional and personal life. Knowing how to recognize sexual harassment and understanding when it’s necessary to seek legal advice is crucial to protecting your rights. In this blog, we’ll discuss the signs to watch for, and when to contact a lawyer if you believe your rights have been violated.

Recognizing the Signs of Sexual Harassment

While some cases of sexual harassment may be obvious, others can be subtle, leaving the victim unsure of whether the behavior crosses the line. Here are some common signs of sexual harassment at work:

Unwelcome Comments or Jokes

If someone consistently makes sexual comments, inappropriate jokes, or remarks about your appearance or body, it could be harassment.

Inappropriate Touching

Any form of physical contact that makes you uncomfortable, whether it’s brushing up against you, touching your arm, or more invasive behavior, can be considered sexual harassment.

Sexual Advances or Requests for Favors

If a colleague or supervisor asks you out repeatedly, makes sexual advances, or requests sexual favors in exchange for professional benefits, this is a clear sign of harassment.

Offensive Emails, Texts, or Messages

Sexual harassment isn’t limited to in-person interactions. If you receive inappropriate or sexually explicit emails, texts, or social media messages from a colleague or supervisor, this can also be a form of harassment.

Persistent Attention or Stalking Behavior

If someone is persistently trying to get your attention, following you around, or attempting to invade your personal space, it may be a form of harassment. This type of behavior can make you feel unsafe or uncomfortable, especially if it continues after you’ve expressed your disinterest.

Retaliation After Reporting Behavior

Another form of harassment is retaliation. If you report inappropriate behavior and are subsequently demoted, fired, or treated differently, it could be a sign that you’re being punished for standing up against harassment.

When to Contact a Lawyer

If you believe you’re experiencing sexual harassment at work, it’s essential to know when to seek legal advice. While not every uncomfortable situation requires the involvement of a lawyer, there are certain circumstances in which consulting an attorney is crucial.

The Harassment Is Severe or Pervasive

If the behavior you’re experiencing is severe—such as physical assault, explicit sexual advances, or quid pro quo harassment—you should contact a lawyer immediately. The same applies if the harassment is pervasive, meaning it happens repeatedly over time, creating a hostile work environment.

Your Employer Fails to Take Action

If you’ve reported the harassment to your supervisor or human resources department, but no action has been taken to stop it, you should consult a lawyer. Employers are legally obligated to investigate harassment claims and take steps to prevent further misconduct.

You Experience Retaliation

If you’re demoted, fired, or face other negative consequences after reporting harassment, this is a serious violation of your rights. Retaliation is illegal, and a lawyer can help you file a claim to protect yourself and seek compensation.

You’re Unsure About Your Rights

Even if the harassment isn’t severe, it’s always a good idea to seek legal advice if you’re unsure whether what you’re experiencing qualifies as sexual harassment. A lawyer can help you understand your rights and determine the best course of action.

You Want to File a Claim

If you decide to file a formal complaint or take legal action against your employer, having a lawyer is essential. An attorney can guide you through the legal process, help you gather evidence, and ensure your case is presented effectively.

Recognizing sexual harassment in the workplace can be difficult, especially when the behavior is subtle or you’re unsure of your rights. However, if you experience unwelcome behavior that makes you feel uncomfortable, intimidated, or unsafe, it’s important to take action.

If you suspect you are being harassed at work, contact us for more information.

What to Do If You've Experienced Retaliation

Fri, 30 Aug 2024 08:31:19 GMT

Experiencing retaliation from your employer after reporting discrimination can be incredibly distressing and overwhelming. Such actions not only affect your professional life but can also have a profound impact on your personal well-being. Understanding your rights and options is crucial in navigating this challenging situation. With the right legal support, you can take steps to protect your rights as an employee and hold your employer accountable for their actions.

Understanding Retaliation in the Workplace

Retaliation happens when an employer takes negative actions against an employee for participating in legally protected activities, like reporting instances of discrimination or harassment. This could manifest as termination, demotion, reduced hours, or even harassment. Employment law provides protections for those who report such actions, asserting that employees should not face repercussions for speaking out against discrimination.

If you have faced retaliation after reporting discrimination, it's essential to recognize that you are not alone. Many employees experience similar challenges, and the law offers avenues for addressing these grievances. Engaging an experienced employee rights attorney can help clarify your situation and advocate for your rights.

The Role of an Employee Rights Attorney

An attorney focusing on employment law protecting employee rights and can provide invaluable guidance if you believe you have been subjected to retaliation. They can help you assess the specifics of your case, including the nature of the discrimination you reported and the subsequent actions taken by your employer. An attorney's knowledge and experience is vital in establishing whether the retaliation you faced is unlawful (yes, some retaliation is lawful) and advising you on the best course of action.

When choosing an attorney, consider their experience in similar cases and their overall understanding of employment law. A seasoned attorney will help you navigate the complexities of your situation and provide detailed legal strategies tailored to your circumstances.

Documenting Your Experience

Taking detailed notes about your experiences can strengthen your case. Keep records of any incidents of discrimination, your reports to management or human resources, and all actions taken by your employer following your report. This documentation will serve as critical evidence when discussing your case with your attorney. Additionally, maintaining communication records, such as emails or messages, can further substantiate your claims of retaliation.

It can be helpful to describe specific instances where retaliation occurred, including dates, witnesses, and any relevant details surrounding these incidents. This comprehensive documentation can significantly enhance your position when pursuing legal remedies.

Exploring Legal Options

Upon reviewing your case, your employee rights attorney can explore various legal options available to you. You may have grounds to file a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. These agencies investigate claims of workplace discrimination and retaliation, and they offer a structured process to address your concerns.

Alternatively, if your attorney determines that your case has merit, you may be able to pursue a lawsuit against your employer. This process can be lengthy and complex, but it may be necessary to seek the compensation and justice you deserve. Your attorney will guide you through every step of this process, ensuring you are informed and prepared.

Seeking Support

Dealing with the emotional and psychological fallout from workplace retaliation can be challenging. It's crucial to seek support from friends, family, or mental health professionals during this tumultuous time. Transitioning to new employment or pursuing legal channels can take a toll on your mental well-being, and having a strong support system can help mitigate these stressors.

Moving Forward

While facing retaliation after reporting discrimination can feel isolating, remember that you possess rights that protect you as an employee. Take proactive steps to understand and assert those rights, allowing yourself to focus on healing and moving forward. Working closely with an employee rights attorney will empower you to confront your challenges head-on and work towards achieving a fair resolution.

Ultimately, you have the right to work in an environment free from discrimination and retaliation. With the right support and resources, you can reclaim your narrative and seek justice for the grievances you have endured. Trust in your ability to advocate for yourself, and know that you have options available to address the retaliation you’ve faced.

If you want to learn more about your rights as an employee and how to handle retaliation from an employer, contact Attorney Allen D Arnold.

Understanding Your Right To Take Medical Leave From Work

Wed, 31 Jul 2024 19:39:18 GMT

Navigating the complexities of medical leave can be challenging for employees who need to focus on their health. This blog aims to clarify your rights to take medical leave from work and provide guidance on what steps to take if your leave is denied or if you face negative consequences as a result of taking leave. Knowing your legal rights and understanding how to protect yourself can empower you to maintain your well-being while securing your job stability.

The Basics of Medical Leave

The Family and Medical Leave Act (FMLA) allows qualified employees to take up to 12 weeks of unpaid leave per year for certain medical and family reasons while protecting their jobs. To be eligible, you must work for a covered employer, which includes public agencies, public and private elementary and secondary schools, and companies with 50 or more employees within the radius of the company. Moreover, you must have worked for the employer for at least 12 months and have clocked in at least 1,250 hours over the past 12 months.

Reasons for Taking Medical Leave

Medical leave can be taken for various qualifying reasons that ensure your health and well-being or that of your family. These include serious health conditions that make you unable to perform your job duties, caring for an immediate family member with a serious health condition, and the birth and care of a newborn or newly adopted child. Understanding these qualifying events can help you determine whether you are eligible for FMLA leave and how best to communicate your situation to your employer.

What to Do If Your Leave Is Denied

If your request for medical leave is denied, it is crucial to understand the reasons behind it and assess whether the denial was lawful. Begin by reviewing your employer's written policies on FMLA and other leave provisions. Ensure that you meet all eligibility criteria and that your reason for leave is a qualifying event under the FMLA. If you've confirmed that your leave should indeed be covered under FMLA but was wrongfully denied, it's advisable to seek assistance from a qualified attorney who specializes in employment law so you can take legal action.

Handling Negative Consequences of Taking Leave

Experiencing retaliation or facing negative consequences for taking medical leave can be distressing. Retaliation can include demotion, reduction in hours, alterations in job duties, or even termination. If you believe you are being retaliated against for lawfully taking FMLA leave, it's crucial to gather documentation that supports your claim. This can include emails, notes from meetings, and any other written or recorded evidence that can substantiate your case.

Legal Recourse and Seeking Support

Having the support of an experienced attorney can be invaluable when facing challenges with medical leave. Should your employer take adverse action against you for taking leave, your attorney can advise you on the best course of action. This might include filing a complaint with the U.S. Department of Labor's Wage and Hour Division or pursuing a private lawsuit. With their expertise, attorneys can help ensure that your rights are protected and that you receive the medical leave entitled to you under the law.

Understanding your rights to medical leave is essential to protecting your health and job security. If your leave is denied, or you face negative repercussions for taking it, taking the appropriate steps by seeking legal guidance can help you address the situation effectively. Remember, you do not have to navigate these complexities alone. Expert support from attorneys can provide the practical and authoritative guidance needed to safeguard your rights. Contact Attorney Allen D. Arnold to learn more about your medical leave rights.

The Benefits of Severance Package Review

Sun, 14 Jul 2024 11:59:30 GMT

If you have recently been laid off, it is natural to feel a mixture of emotions ranging from anger to uncertainty about the future. One pivotal step you can take is to have your severance package reviewed by an attorney. This critical action can make a considerable difference in the benefits and compensation you receive, thereby affecting your financial stability during a period of transition.

Avoiding Unfavorable Terms

Severance packages are generally drafted by the employer's legal team, aiming to protect the company's interests. It is not uncommon for these agreements to include clauses that might limit your rights or impose undue restrictions. An experienced attorney can identify any unfavorable terms in the agreement, such as non-compete clauses, release of claims, or confidentiality agreements. Reviewing these aspects ensures that you are not signing away your rights or agreeing to conditions that could impact your future employment opportunities.

Negotiating Better Terms

Depending on the circumstances, an attorney can also assist in negotiating better terms for your severance package. If you are not satisfied with the proposed agreement, they can work with your employer to negotiate a more favorable outcome on your behalf. This could include obtaining additional compensation or benefits, extending healthcare coverage, or removing restrictive clauses that may limit future job opportunities.

Maximizing Financial Benefits

An attorney can help you understand the full scope of financial benefits you are entitled to under your severance package. This includes salary continuation, bonuses, accrued vacation pay, and other forms of compensation. Attorneys can provide ideas to give you leverage to advocate for a better financial arrangement. They will ensure that your severance package reflects fair compensation for your tenure and contributions to the company.

Navigating Legal Complexities

The legal jargon often present in severance packages can be daunting. A severance package is a legally binding document that can have long-term implications on your professional and personal life. An attorney can help decipher the complex language and clarify any ambiguities. They can explain the legal ramifications of each clause, helping you make an informed decision. This guidance is invaluable in ensuring that you fully understand the agreement you are entering.

Protection Against Future Litigation

One of the significant advantages of having an attorney review your severance package is the protection it offers against future litigation. Without legal advice, you might inadvertently waive your right to pursue any future claims against the employer. An attorney can ensure that the severance agreement does not include overly broad release clauses that could inhibit your ability to seek justice if needed. This precaution not only protects your immediate interests but also safeguards your legal rights down the road. Sometimes, walking away from the severance agreement might even be the best option.

Ensuring Compliance With Employment Laws

Employment laws are intricate and vary from state to state. What is standard practice in one jurisdiction may not be applicable in another. An attorney experienced in employment law will be well-versed in the laws relevant to your situation. They can identify any discrepancies between your severance package and local labor laws, ensuring that the agreement is compliant and that you are receiving all benefits mandated by law.

Personalized Advice and Support

Every employment situation is unique, and a standardized severance package may not adequately address your specific needs and circumstances. An attorney can provide personalized advice tailored to your particular situation. They offer individualized support, address your concerns and questions, and can negotiate adjustments to the severance terms to better align with your needs. This approach ensures that your interests are prioritized during the severance negotiation process.

Having your severance package reviewed by an attorney is an essential step for anyone who has been laid off. An attorney's expertise can make a substantial difference in the severance compensation you receive, providing you with the necessary support and peace of mind to move forward confidently. If you want your severance package reviewed or would like to learn more, contact Attorney Allen D. Arnold .

How to Respond to Sexuality-Based Workplace Discrimination

Fri, 31 May 2024 16:25:39 GMT

As a member of the LGBTQ+ community, you may have experienced discrimination in your workplace due to your sexuality. This is not only wrong but also illegal under many state and federal laws. If you believe that you have been discriminated against based on your sexual orientation or gender identity, it's important to know how to identify this type of discrimination and what steps you can take to protect your rights.

Identifying Discrimination

Discrimination based on sexuality can come in many forms, some of which may be more subtle than others. It's important to understand the different types of discrimination that can occur in the workplace so you can recognize them if they happen to you.

Harassment

One form of discrimination is harassment, which includes any unwelcome or offensive behavior directed towards an individual based on their sexuality. This can include derogatory comments, jokes, gestures, and even physical contact. Harassment can also occur in more subtle ways, such as excluding someone from work-related activities or constantly making them the butt of jokes.

Unequal Treatment

Another form of discrimination is unequal treatment, which occurs when an employer treats an employee differently based on their sexuality. This can include denying someone a promotion, giving them lower pay or benefits, or subjecting them to different and unfair work policies.

Hostile Work Environment

A hostile work environment is created when discrimination is so pervasive that it makes an individual feel uncomfortable, intimidated, or unable to do their job effectively. This can include constant comments or actions that are offensive or discriminatory towards an individual's sexuality.

What to Do if You Experience Discrimination

If you believe that you have experienced discrimination in your workplace based on your sexuality, there are steps you can take to address the issue and protect your rights.

Document Everything

Firstly, it's important to document everything that occurs. This includes any incidents of discrimination, as well as any witnesses or evidence that may support your claims. This documentation can be crucial if you decide to take legal action.

Report the Discrimination

Next, it's important to report the discrimination to your employer. Many companies have policies in place for addressing workplace discrimination and harassment, so make sure you follow those procedures. Even if the company has an “open door” policy, draft an email summary of the harassment you have experienced and make you courtesy copy every supervisor (including the harasser). Why? Create the Paper Trail! Also, showing the company you have informed the supervisors that can make decisions about your hostile work environment helps preserve a future retaliation claim. If your company does not have a policy or does not handle the situation appropriately, you may need to seek external support.

Seek Legal Advice

If reporting the discrimination internally does not result in a resolution, it may be necessary to seek legal advice. An employment lawyer can help you understand your rights and options for taking legal action against your employer.

Know Your Rights

As an LGBTQ+ individual, knowing your rights in the workplace is important. Many state and federal laws protect individuals from discrimination based on sexual orientation or gender identity. These laws include Title VII of the Civil Rights Act, which prohibits employment discrimination based on sex, as well as the Equal Employment Opportunity Commission (EEOC) guidelines that interpret this protection to include gender identity and sexual orientation.

Discrimination based on sexuality is unacceptable and illegal. If you believe that you have been discriminated against in your workplace, it's important to take action and protect your rights. By understanding the different forms of discrimination and knowing your legal rights, you can take steps toward creating a safer and more inclusive workplace for yourself and others in the LGBTQ+ community.

Remember, you deserve to feel safe and respected in your workplace, and there are resources available to help you fight against discrimination. So don't hesitate to seek support and speak up for yourself if you experience any form of discrimination based on your sexuality in the workplace. Together, we can work towards a more inclusive and equal working environment for all individuals.

If you are being discriminated against at your work and need legal help, work with our lawyers at Allen D. Arnold Attorney at Law.

Understanding the Fair Labor Standards Act (FLSA)

Tue, 23 Apr 2024 21:07:27 GMT

Understanding your rights as an employee is crucial. These rights are not merely a piece of knowledge to carry in your back pocket; they are critical to ensuring you are fairly compensated and treated in the workplace. The Fair Labor Standards Act (FLSA) is a monumental piece of legislation that guarantees fundamental rights to workers across the United States. In this blog, we'll unravel the FLSA, piece by piece, to help employees understand their rights granted by this legislation.

Unraveling The Fair Labor Standards Act

The FLSA was crafted in 1938 and has since established essential labor guidelines. It sets the standard for the employment relationship and covers areas such as minimum wage, overtime pay, child labor, and record-keeping requirements. For nearly a century, it has been the backbone that ensures employees across the nation are treated fairly by their employers, setting crucial standards and guidelines for fair labor practices.

Minimum Wage Requirements

The minimum wage provision of the FLSA is one of its most well-known aspects. It stipulates that all non-exempt employees must be compensated at least the federal or state minimum wage, whichever is higher. This crucial provision safeguards against unreasonably low compensation and provides a baseline earnings level.

Overtime Pay

FLSA's overtime provisions require employers to pay covered non-exempt employees an overtime pay of not less than one and one-half times their regular rate of pay for any hours worked over 40 in a workweek. It offers employees vital protection, ensuring they receive just compensation for additional time worked.

Child Labor Laws

The FLSA includes stringent child labor laws, which aim to protect the educational opportunities and health and well-being of young workers. It prohibits the employment of children in oppressive child labor and specifies the hours and conditions under which older children can work.

Responsibilities of Employers Under the FLSA

The FLSA places significant obligations on employers, not just rights for employees. For every protection given to the employee, there is a responsibility expected from those offering employment.

Record-Keeping Requirements

Employers are obligated to maintain accurate and complete records of employees and their pay, hours worked, and other conditions of employment. These records are vital for both employers and employees and help ensure that workers' rights are upheld.

Guidelines for Classifying Employees

The FLSA also dictates guidelines for classifying employees as exempt or non-exempt. This classification is pivotal as it determines eligibility for overtime pay. Employers must be diligent in these classifications, ensuring that all non-exempt employees receive the overtime compensation as required by law.

Providing Equal Opportunities

The FLSA maintains that all employees must be treated fairly without regard to race, gender, religion, nationality, age, or disability. It is a powerful tool in the fight against workplace discrimination and ensures a level playing field for all workers.

Common FLSA Violations by Employers

Despite clear guidelines, employers sometimes fail to comply with the FLSA, leading to violations that can significantly affect employees' well-being and earning potential. Awareness is key to spotting these violations and taking the necessary action to address them.

Misclassification of Employees

Misclassification of employees as exempt is a common violation that can lead to significant wage losses for employees. By wrongfully designating non-exempt employees as exempt, employers may fail to pay them overtime when they work beyond the standard 40 hours in a week.

Not Paying for All Hours Worked

This violation occurs when employers fail to compensate employees for all hours worked, including time spent preparing for or wrapping up after their shifts, donning and doffing uniforms, and other activities that are integral to the job.

Failing to Pay Overtime

Failing to pay overtime is a direct violation of the FLSA and can result in substantial back-pay obligations for employers. It is incumbent upon employees to track their hours and ensure they are fairly compensated for any overtime work performed.

Remember, the more informed you are as an employee, the stronger your footing when it comes to asserting your rights under the FLSA. Explore the depths of this vital legislation and stand tall with the knowledge that your rights are protected. If you believe your employer might be breaching FLSA guidelines, don't hesitate to reach out to a workplace Wage & Hour attorney like Attorney Allen D. Arnold.

Navigating Wrongful Termination

Thu, 28 Mar 2024 20:17:55 GMT

Facing job loss can be an incredibly challenging experience, particularly when it feels unjust or unfair. Wrongful termination not only impacts individuals on a personal level but also goes against their fundamental labor rights. This article serves to empower employees by providing them with the tools to address wrongful termination situations.

Know your rights

Wrongful termination is not about right or wrong. Take your time to learn the specifics of federal and state laws that protect employees from discriminatory dismissals or retaliatory actions, like termination for whistleblowing or exercising protected rights (such as FMLA leave or reporting illegal discrimination). By being well-informed about your legal protections, you can navigate workplace situations with confidence and advocate for fair treatment.

Review your employment contract

If you have an employment contract (most people do not and offer letters are rarely contracts), thoroughly review it to identify clauses that protect you from unjust termination. These contractual agreements often outline precise procedures that must be followed prior to termination, which could include your employer issuing a written warning or offering you opportunities to enhance your job performance, ensuring a fair process is followed in employment decisions.

Document everything

Keeping meticulous records of your work performance, including achievements and areas in need of improvement, along with documenting interactions with superiors and colleagues, can play a pivotal role in substantiating a claim of wrongful termination. In addition to emails, performance reviews, witness statements and payroll records; it may also be beneficial to keep a log of any incidents that could be relevant to your case by providing a comprehensive overview of the circumstances surrounding your termination.

Look for patterns

If you suspect your termination was unjust, look for any patterns of discrimination or retaliation within your workplace. You might notice that other employees with differing characteristics (like age, race, and gender) and who have exhibited comparable behavior have not faced termination while you have. This divergence in treatment could potentially indicate instances of discrimination in the workplace. This information can strengthen your case and highlight potential violations of labor laws.

Seek legal advice

If you believe you have been wrongfully terminated from your job, consider reaching out for legal advice, as an attorney can help you evaluate the merits of your case. They can also aid you in understanding your rights and navigating the complex procedures involved in potentially filing a formal complaint or lawsuit to seek recourse for any injustice you may have faced in the workplace. When you have the right legal guidance, it can make a significant difference in protecting your rights and addressing any unfair treatment you have experienced.

Understand the reasons for termination

Employers are generally not obligated to provide a specific reason for terminating an employee unless it is explicitly outlined in an employment contract or a collective bargaining agreement. If you have the opportunity, make the employer state why it is terminating your employment. This information is crucial in evaluating a potential case. It is important to note that in situations where no reason is disclosed or if the provided reason appears ambiguous or deviates from established practices, it might raise concerns about potential wrongful termination. Such circumstances could prompt further investigation or legal review to ensure fair treatment of the employee.

In conclusion, understanding your rights as an employee is the first step towards protecting yourself from wrongful termination. By being informed about relevant laws, reviewing your employment contract, documenting workplace interactions and performance, and seeking legal advice when necessary, you can build a strong foundation to address and possibly prevent unjust dismissal. Always remember that if you find yourself in a situation where you suspect your termination was unwarranted, taking proactive steps and seeking professional guidance can significantly impact the outcome of your case. It's essential to stand up for your rights and ensure fair treatment in the workplace. Contact our office to learn more.

Discrimination In The Workplace: How To Recognize It And When To Hire A Lawyer

Fri, 01 Mar 2024 00:18:50 GMT

Discrimination in any form undermines the integrity of a workplace and diminishes the value of diversity and inclusion that modern organizations strive to uphold. Being informed about workplace discrimination is crucial for both employers and employees to foster a fair, respectful, and lawful environment.

This blog post aims to shed light on the different facets of workplace discrimination, empowering individuals with the knowledge to recognize, address, and seek legal recourse for such issues. We will delve into the nuances of identifying discrimination, the steps to take if you find yourself a victim, and the circumstances under which legal guidance becomes imperative.

What is Discrimination?

Discrimination is any action that unfairly treats someone because they belong to a specific group (a.k.a. a protected class) that is identified by a state or federal law. It can take many forms, including being deprived of job opportunities, unequal pay, or being passed over for promotion. Often, discrimination is subtle and can be challenging to prove. For example, a manager may favor employees who share similar backgrounds or experiences. Still, it's important to be aware of the many ways discrimination can manifest and affect your career.

How to Identify Discrimination

There are several ways to recognize discrimination in the workplace. First, pay attention to how you are treated compared to your coworkers that occupy the same job, work under the same manager or supervisor, and subject to the same rules or policies. Are you receiving fewer opportunities, being passed over for promotions, or receiving lower pay? These are signals that there may be a problem.

Another way to recognize discrimination is to pay attention to how you are treated when compared to others who do not share your demographic information. Are you experiencing different treatment, often negative, when compared to a co-worker of a different race, sex, religion, national origin? Are you disabled? Are employees of a younger age receiving opportunities that are denied to those over the age of forty? If so, this is another signal of discriminatory conduct.

What to Do if You Experience Discrimination

If you have experienced discrimination in the workplace, it's important to document any evidence that you can. This might include emails or conversations with co-workers or managers. You should also make a note of dates and times so you can clearly state what happened and when. After documenting what occurred, review the company’s discrimination/harassment reporting policy and submit a written complaint pursuant to the policy (usually the Human Resources (HR) department), AND (this takes courage) make sure the person engaging in the discriminatory conduct is made aware of your report. Discuss your concerns and how the issue has impacted you. Be prepared to show your evidence, clearly explaining how and why it proves that discrimination has occurred.

When to Hire a Lawyer

In some cases, you may need to hire a lawyer to help you overcome discrimination and receive compensation for the harm caused. An employment lawyer has the knowledge to evaluate your claim and file a lawsuit if necessary. They can also help ensure that your rights are protected and that you receive the compensation you are entitled to. If you think you have a claim or that your employer is retaliating against you for complaining about discrimination, a lawyer can help.

Taking Care of Yourself

Discrimination can be emotionally draining, and it's essential to take care of yourself during the process. You may want to consider speaking with a therapist during this time. They can help you process your emotions and develop coping skills. Additionally, be sure to take time off work if you need to. Time to regroup and focus on your well-being is critical during this process.

Discrimination in the workplace can be difficult to recognize and navigate. However, knowing your rights and documenting any discriminatory actions is essential in overcoming the issue. If you find that you have experienced discrimination and need help moving forward, speak to an experienced attorney who can evaluate your situation and help you seek justice. Most importantly, don't forget to take care of yourself and prioritize your well-being during this time.

Reach out to Allen D. Arnold Attorney at Law to learn more.

Understanding Retaliation For Employee Whistleblowers: Legal Actions To Take To Safeguard Your Rights

Wed, 07 Feb 2024 01:13:06 GMT

Being a whistleblower takes courage, as it involves exposing misconduct within your organization. When you choose to speak up about illegal activities or unethical behavior, you are doing the right thing. However, it's important to remember that retaliation is a risk you may encounter after blowing the whistle. In this blog post, we will explore the types of retaliation you may face as an employee whistleblower, discuss your rights, and provide guidance on the legal actions you can take to protect yourself.

What topics constitute Whistleblowing?

Not every form of employer misconduct is subject to whistleblower protection. Congress has identified specific misconduct that may be reported and is protected by anti-retaliation statutes. A link to the United States Department of Labor shows the various areas forms of protected conduct: https://www.dol.gov/general/topics/whistleblower

Types of Retaliation

Termination or Demotion

One of the most common forms of retaliation is termination or demotion. After exposing wrongdoing, you may find yourself being fired or relegated to a lower position. Employers may use other justifications for these actions, claiming poor performance or restructuring, but the truth is often rooted in retaliation for whistleblowing.

Negative Performance Reviews

Another way employers may retaliate is by giving you unjustifiably negative performance reviews. This tactic aims to damage your professional reputation and undermine your credibility. By unfairly evaluating your work, employers hope to create a foundation for disciplinary actions or layoffs

Harassment and Intimidation

Retaliation can also take the form of harassment and intimidation. Employers or coworkers may subject you to hostile work environments, making it difficult to perform your job effectively. This could involve exclusion, verbal abuse, or isolating you from important meetings and projects.

Pay Reduction or Denial of Benefits

Some employers may try to retaliate by reducing your pay, modifying your compensation structure, or denying you certain benefits. These actions are meant to punish you for speaking out and discourage others from doing the same.

Understanding Your Rights as a Whistleblower

Fortunately, there are legal protections in place to shield whistleblowers from retaliation. Different countries and jurisdictions have specific laws to safeguard employees who report wrongdoing.

To be eligible for protection, it is crucial that you follow the proper reporting procedures outlined in your organization's whistleblower policy or applicable laws. This may involve reporting to internal channels, such as a compliance department or external enforcement agencies.

Legal Actions You Can Take

If you encounter reprisal as a whistleblower, it is crucial to seek guidance from a seasoned employment attorney who focuses his practice on safeguarding whistleblowers' rights. Their expertise will provide you with the necessary protection and support you need and help you determine the best course of action based on your specific situation. Some possible legal actions you may take include:

Filing a Complaint

Your attorney can assist you in filing a complaint with the relevant regulating authority. This initiates an investigation into the retaliation you have experienced.

Initiating a Lawsuit

If the investigation determines that your employer engaged in unlawful retaliation, you may have grounds to sue for damages. A skilled attorney will navigate the complexities of employment law and gather evidence to build a strong case on your behalf.

Confidentiality Agreements and Whistleblower Protection Programs

Certain industries, such as healthcare and finance, have legislation that offers potential monetary rewards and protections for whistleblowers. An attorney can help you determine if you qualify for these programs.

As an employee whistleblower, understanding the potential types of retaliation you may face and your rights is crucial. It is important to be prepared and knowledgeable about the legal actions you can take to seek justice and protection. Remember, you are not alone, and there are legal professionals ready to support you in your pursuit of accountability and a safer working environment. If you are a whistleblower and seek assistance about how to blow the whistle correctly or facing retaliation from your employer because you have already taken action, don't hesitate to contact us at Allen D. Arnold Attorney at Law. We'll help safeguard your legal rights and support you during this difficult time.

Reasonable Accommodation Under the ADA

Wed, 13 Dec 2023 21:07:00 GMT

The Americans with Disabilities Act (ADA) affords vital protection to workers who face ongoing health challenges. It requires that employers not only avoid any discrimination against the covered worker but also that they make "reasonable accommodation" for their disability. But what is reasonable accommodation? How do you secure it from your current or future employer? And what are its limits? Here's a short guide to help you.

What Is the Reasonable Accommodation Rule?

The ADA stipulates that employers who are subject to its rules must be willing and able to make concessions for employees with covered disabilities. In many cases, this involves changes to the work environment or adjustments to the way work is performed. These accommodations ensure that all applicants and employees have a fair shot at getting and keeping a good job.

What might a reasonable accommodation look like? It may mean allowing a teller with back problems to sit rather than stand at their work station. Perhaps a deaf employee needs an interpreter at company meetings or a visually impaired employee requires special software to dictate or hear words on the computer screen. And an employer may even need to make some structural changes in the work area of an employee who uses mobility aids.

How Are Reasonable Accommodations Made?

Who determines what accommodations are needed, how, and why? This is done through what's generally known as the interactive process. During this time, the employer, employee, and relevant health care providers share information about the disability and what can be done to accommodate it.

The employee generally begins with an accommodation request which includes information from medical providers. The employee must disclose the disability with a very high level of specificity describing the disability and diagnosis and then be able to explain how the requested accommodation allows him or her to perform his job duties or otherwise will not interfere with the performance of job duties.

This conversation can be simple or it can involve a number of conversations about what can and should be done. The company is not required to accommodate the disability requested, but the company is required to provide alternative accommodation ideas or otherwise explain how the requested accommodation creates an undue burden or safety risk. More on that below.

For instance, consider a small company which wants to hire an accountant who uses a wheelchair. However, the accounting department is on the second floor and the building has no elevator. A reasonable accommodation may be to find or create an office space on the ground floor. Alternatively, the position might be made remote or hybrid so the building's structure is not an impediment. Every reasonable accommodation request and result is fact specific to the employee and employer.

What Is the Limit of Reasonable Accommodations?

It's important to note that the ADA rules do not require employers to make all accommodations for workers. They are only obligated to make reasonable ones. So, during and after the interactive process, employers are allowed to assess the impact of the accommodation on their finances and business.

For example, perhaps the employer of the wheelchair user above does not have any workspace on the ground floor. Further, the nature of the job requires the worker to regularly be in the office, conduct meetings in person, and personally evaluate onsite processes. The only viable accommodation may be to install an elevator. However, this would place an undue financial or other burden on the employer.

The ADA does allow employers to inform a worker that they cannot honor the accommodation because the request creates an undue hardship on the employer. This would, of course, be a last resort. The employer must be able to defend this decision in accord with ADA rules.

Where Can You Learn More?

Do you need an accommodation for a new or existing disability? Does your health condition qualify as a disability under the ADA? Have you had problems getting an employer to consider reasonable accommodations? Whatever your concern, please considering seeking help by calling Allen D. Arnold Attorney at Law .

We'll work with you and your employer to ensure your rights under the ADA and other labor laws are protected — all while maintaining the best possible relationship with employers.

When Work Turns Sour: Hostile Vs. Unpleasant Workplaces

Mon, 06 Nov 2023 23:21:32 GMT

We've all had those tough days at work—a heated disagreement with a colleague, a missed deadline, or perhaps a challenging client. But when do these isolated incidents cross the line into a hostile work environment? It is crucial to understand the difference between a workplace that is merely unpleasant and one that is legally considered hostile.

Defining a Hostile Work Environment

A hostile work environment is not just a place where coworkers aren't friendly or where management is tough. Legally, it is an environment where discriminatory behavior is so severe and pervasive that it affects a person's ability to perform their job. Key characteristics include:

Discrimination. This involves harassment or mistreatment stemming from someone's race, gender, age, religion, disability, or other protected factors. Such behavior targets individuals based on these inherent traits, leading to unjust treatment.
Severity. It's not about a single, isolated event. The discriminatory behavior is repetitive, intense, and so profound that it changes the standard employment conditions, resulting in a toxic workplace. (However, one single event such as a sexual assault may override the requirement of repetitive behavior).
Unwanted Advances. In some workplaces, employees might experience unwelcome or inappropriate advances, comments, or even physical contact. This behavior, especially if it is persistent, can be a strong indicator of a hostile environment.

For a situation to be legally considered a hostile work environment, the actions or behavior must be both severe and persistent. A one-off joke or comment, while inappropriate, may not necessarily create a hostile environment.

Understanding an Unpleasant Workplace

On the other hand, an unpleasant workplace is one where general negativity prevails, but not necessarily due to discriminatory behavior. It might stem from stringent management practices, frequent conflicts, or just a lack of team spirit. Signs include:

Strict Management. Some managers maintain high standards and often offer critiques. While they might be challenging to work with, their behavior doesn't necessarily amount to harassment.
Cliques and Exclusion. In some offices, groups naturally form, creating inner circles. This can leave others feeling left out or sidelined in workplace dynamics.
High Stress Levels. The workplace might be filled with back-to-back tasks, looming deadlines, or intense projects. Such environments can induce stress, even if the pressure is not personal.

While such workplaces are stressful and challenging, they do not necessarily break the law unless they cross into harassment or discrimination.

Knowing Why the Distinction Matters

Understanding the difference between a hostile and an unpleasant work environment is crucial because it dictates the legal recourse available. A hostile environment, being a breach of employee rights, can be grounds for lawsuits, offering protection to victims.

An unpleasant workplace, on the other hand, may be a sign that it is time to look for a new job or seek internal resolution, but might not offer legal remedies.

Navigating a Difficult Workplace

If you find yourself in a challenging work environment, consider the following steps:

Open Communication. Address concerns with superiors or HR. This can lead to internal solutions, but know that only complaints of discriminatory hostile work environments are protected by anti-retaliation statutes .
Document Incidents. Whether it is discrimination or just negative behavior, keep records of dates, times, and the nature of the events.
Seek External Support. This could be in the form of therapy, counseling, or legal advice, depending on the severity and nature of your situation.

Armed with these tips, you can confidently navigate challenging workplace dynamics and advocate for a healthier, more positive work environment.

Advocating For a Safe Work Environment

Everyone deserves a workplace where they feel safe and respected. By understanding the difference between hostile and unpleasant environments, employees can better advocate for their rights and well-being.

Are you navigating a challenging work situation and need legal advice? Reach out to Allen D. Arnold Attorney at Law to ensure your rights are protected and respected.

Constructive Dismissal and Wrongful Termination

Mon, 02 Oct 2023 20:35:10 GMT

Constructive discharge, also known as constructive dismissal, occurs when an employee resigns due to a hostile work environment created by the employer. This situation can lead to wrongful termination, harassment, or discharge claims by the employee, potentially resulting in compensation.

Here is what you need to know about constructive dismissal.

What Is Constructive Discharge?

Constructive discharge is a legal concept that arises in employment law when an employee resigns from their job due to intolerable working conditions created by the employer. It represents a situation where the resignation, while technically voluntary, is treated as involuntary under the law.

The core idea behind constructive discharge is that the employer has created such a hostile, unbearable, or coercive work environment that it effectively forces the employee to quit. The specific criteria for what constitutes a constructive discharge can vary from state to state in the United States.

What Are the Elements of Constructive Discharge?

For an employee to have a valid claim for wrongful constructive discharge, several elements typically need to be met.

Intolerable Working Conditions

The employee must prove that the working environment was so hostile that a reasonable person in the same situation would have been forced to quit. These conditions can vary but must include harassment based on one’s race, sex, religion, national origin, and/or disability; discrimination based on those same protected classes, unsafe working conditions, or other forms of mistreatment.

Employer's Conduct

The intolerable working conditions must be a result of the employer's actions or omissions. This can include actions such as harassment or discrimination, as well as more general failures by the employer to address problems in the workplace.

No Reasonable Alternative

The employee must show that they had no reasonable alternative but to resign. This means that they attempted to address the issues through internal channels (if available – usually a discrimination/EEO policy). Failure to follow internal channels or policies reporting discrimination can be detrimental to your case – so read and follow the policy and then create a paper trail to put the employer on notice. (Emails are great! Courtesy copy management to let them know you are complaining about discrimination based on one’s race, sex, religion, national origin, and/or disability!).

Unlawful Conduct or Breach of Contract

In many cases, constructive discharge claims hinge on whether the employer's actions constituted unlawful conduct. If the employer's behavior violates federal or state employment laws or breaches contractual agreements, it can strengthen the employee's claim.

If an employee can establish these elements, they may have a valid claim for wrongful constructive discharge. Potential remedies for constructive discharge claims can include compensation for lost wages, benefits, and other damages resulting from the resignation.

How Do You Prove Constructive Discharge?

The burden of proof rests with the party making the claim, which in this case would be the employee. The employee must demonstrate that they experienced mistreatment or harassment in the workplace based on one’s race, sex, religion, national origin, and/or disability. This could include various forms of mistreatment, such as discrimination, harassment, retaliation, or other unfair treatment.

The employee typically needs to show that the employer was aware of or should have been aware of the mistreatment. This may involve providing evidence of complaints made to the employer or a pattern of behavior that the employer should have noticed.

The employee should also demonstrate that the employer failed to take adequate steps to address and remedy the hostile nature of the workplace after becoming aware of the issue. This could involve the employer not conducting a proper investigation or not implementing corrective actions.

Additionally, the employee needs to establish that they resigned from their position because of the hostile work environment based on their race, sex, religion, national origin, and/or disability. This may involve providing evidence of their resignation letter, communications about their reasons for leaving, or other documentation. This complex legal determination can often involve expert testimony and legal arguments.

Allen D. Arnold Attorney at Law focuses his practice on representing employees in various disputes with their employers. With his aggressive representation, he fights for your rights and offers peace of mind through his experience and expertise in achieving results. Contact us today for consultation.

4 Laws That Protect You as an Employee

Tue, 27 Jun 2023 17:44:07 GMT

As an employee, awareness of the legal protections to safeguard your rights and ensure fair treatment in the workplace is in your best interest. Employment laws exist to establish standards, provide recourse for unjust practices, and promote a healthy and equitable work environment. Understanding these laws empowers you to assert your rights, seek appropriate remedies, and foster a harmonious relationship with your employer. Learn about four crucial laws that protect you as an employee.

1. The Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) of 1938 is widely regarded as one of the most consequential laws in U.S. history. The law mandated that workers must be at least 16 years old to be hired. The FLSA also set a national floor for the minimum wage. Over the years, lawmakers have tried to raise this wage to catch up with the increasing living costs. The FLSA needs an update to the minimum wage and all employees need to write their Congressman and Senators on a regular basis about this dire need.

The FLSA also protects workers' entitlements to overtime pay. Work that exceeds forty hours per week qualifies an employee for overtime compensation at one and a half times the usual pay rates. In certain circumstances, work that exceeds eight hours per day qualifies an employee for overtime compensation at one and a half times the usual pay rates.

The FLSA also has provisions designed to safeguard the employment of children. There are restrictions on the number of hours minors under 16 can work in non-farming fields. The law also prohibits the employment of minors in hazardous occupations.

The Wage and Hour Division ensures that businesses comply with the Fair Labor Standards Act and provide their workers with the protections and benefits to which they are entitled. This division also safeguards the legal status of workers who are not American citizens and are in the United States under specific visa schemes.

2. The Occupational Safety and Health Act

In 1970, Congress passed the Occupational Safety and Health Act (OSHA), which mandates that businesses ensure their facilities are safe for their employees. The Act protects employees in private companies in the United States with two or more workers by guaranteeing them access to information about workplace hazards, the ability to voice concerns about those hazards, and protection from retaliation if they do so.

The General Duty Clause of the Act makes it illegal for employers to subject their employees to unsafe working circumstances, and the Act itself sets and imposes particular safety requirements for construction, maritime, and agricultural operations.

The Occupational Safety and Health Administration (OSHA) is primarily responsible for enforcing the Act. However, individual states may also do so. However, these statutes do not safeguard those who work for themselves or on family farms.

3. The Civil Rights Act

The Civil Rights Act of 1964 was a pivotal piece of federal law prohibiting discrimination based on race, color, national origin, or sex. Title VII of the Civil Rights Act of 1964 prohibited using these factors in making decisions about employment, including remuneration and other benefits. The revolutionary act completely changed the landscape of workplace rights and equality in the United States, making it possible for people from all walks of life to have equal access to the job market.

In 2009, the Lilly Ledbetter Fair Pay Act made the Civil Rights Act fixed a loophole in Title VII that was exploited by employers. Because of Lilly Ledbetter, employees may recover up to two years of back wages in discriminatory pay cases.

In a landmark decision from 2020, the Supreme Court of the United States ruled that LGBTQ+ people are also protected by Title VII of the Civil Rights Act and are due to be from job discrimination because of their sexuality or gender identity.

4. The Affordable Care Act

More Americans now have coverage by health insurance thanks to the passage of the Affordable Care Act in 2010. To avoid a hefty fine, businesses with over 50 permanent staff members must provide them with health insurance. Employees who consistently put in at least 30 hours per week qualify as full-time.

More people have access to affordable, high-quality health care thanks to the Act's provisions encouraging employers to invest in their employees' well-being. The goals of the Act are to lower health care costs and to make health insurance available to people who might not have it otherwise.

Contact Allen D. Arnold Attorney at Law if you need employee representation in employee-employer disputes and lawsuits in Alabama.

Want To Break an Employment Contract? What To Know

Wed, 07 Jun 2023 16:54:20 GMT

Employment contracts are central to a profitable relationship between an employer and employees. But they are also a type of contract which can present legal problems if you want to end your employment or otherwise break that contract. What can help you avoid an expensive lawsuit over a breach of employment contract? Here are a few key things to know about these agreements and their validity.

What Is an Employment Contract?

All employment relationships are contracts, but most are informal. Most states assume that a person is employed on an at-will basis, meaning both parties may choose to end the contract at any time. Because you can leave at any time, there are relatively few lawsuits over breaching such a contract. Issues are more likely to be over illegal or unfair employment practices on the employer's part.

Legal disputes over breaking employment contracts, then, generally happen over contracts that limit one or both parties from exiting the contract early. They may include things like financial damages if you quit early, a mandated time period, or stipulating the reasons for which the employee may leave. These agreements may be oral or written and still be legally enforceable.

Is the Employment Contract Valid?

If you want out of an employment contract, the first thing to do is determine if it's valid on its face. Remember, just because you signed it doesn't always mean that you can be held to it. An attorney can help determine if the document you signed is really a contract. Often times, an employee really is “at-will” and the “contract” is a list of obligations the employer expects from you.

Contracts must include certain wording and components in order to be legally enforceable. They must be clear on the details, which might include the period of employment, pay rates, job duties, and what is expected of both sides. In addition, both parties must be in agreement about those terms. If you and the employer understood the contract differently, it may not be valid.

Certain inclusions can also render a contract void. For instance, maybe you signed a contract that required you to work a certain amount of time each week without being paid overtime for non-exempt labor. Since this is in violation of federal labor laws, the contract is likely to be unenforceable.

Even though you may have read the contract before signing it, an employment attorney should go over it again. Many details that may render it voidable—such as insufficient consideration or the difference in employment law from state to state—are not easily recognized by a layperson.

Is the Employer in Breach of Contract?

Why do you want to leave your employment? Depending on the circumstances, you may find that the other side is actually already in breach. Perhaps you were hired to serve as the accountant for the company for two years, but the boss expects you to answer phones, make sales, or handle HR on top of your accounting responsibilities. If this violates the terms of your valid employment contract, the company may have breached their duties.

In this case, you may serve notice to the employer to return to compliance with the actual contract. If they fail to make changes, you may be in a good position to terminate the contract for cause. You may then decide whether you want to move ahead with terminating the contract on your end or ask a judge to issue a court order voiding it.

Where Should You Start?

Before you take any steps toward ending an employment contract early, meet with a qualified employment lawyer. The team of legal representatives at Allen D. Arnold Attorney at Law can help. For nearly 20 years, we've assisted employees in taking on unfair employment practices throughout the state of Alabama. Call today to learn how we can help you find the best way to end your contract while minimizing problems. Please note no contract can be evaluated without an attorney reading the document and such a review often times incurs a fee.

Signs of Religious Discrimination in the Workplace

Wed, 03 May 2023 18:29:52 GMT

Religious discrimination in the workplace is a reality that many employees face, and often it can be subtle and difficult to identify. Unfortunately, religious discrimination can lead to unfair treatment, missed opportunities, and even job loss. As an employee, knowing the signs of religious discrimination is important to protect your rights and take appropriate action. Here are some of the most common signs of religious discrimination in the workplace.

Exclusion From Activities

Experiencing exclusion from workplace activities due to your religion can be demoralizing. It's a clear sign of discrimination that can make you feel like you don't belong or that you’re an outsider. Workplace activities and events should foster a sense of community and teamwork, and it's unfair for anyone to be excluded based on their religion.

Exclusion can create a hostile work environment, making connecting with coworkers and advancing your career challenging. Everyone deserves to feel valued and included for who they are, and feeling like an outsider is unacceptable and this sort of exclusion may constitute religious discrimination.

Negative Remarks

Negative remarks or jokes are incredibly harmful. Not only do they create a toxic work environment, but they can also contribute to feelings of disrespect.

Negative remarks or jokes can take many forms, including comments about an employee's religious dress, practices, or beliefs. They can also involve stereotypes or derogatory language that suggests that an employee's religion is inferior or ridiculous.

No one should have to tolerate these kinds of remarks in the workplace.

Inequitable Treatment

Inequitable treatment can take many forms, such as denying an employee promotion or training opportunities, paying them less than their peers, or giving them a heavier workload. This becomes a sign of religious discrimination when unfair treatment happens to a person because of their religion. These actions are unfair and can create a toxic work environment that affects an employee's well-being and ability to perform their job effectively.

Bullying

When an employee is bullied because of their religious beliefs, it can lead to a toxic work environment. Bullying can take many forms, including verbal abuse, physical intimidation, and social exclusion. In religious discrimination, bullying may involve derogatory comments about an employee's faith, mocking their religious practices, or denying them job-related opportunities because of their beliefs.

If you or someone you know is being bullied at work because of their religion, speak up and submit a written report about the behavior to a supervisor or HR representative.

Unfair Dismissal

Losing a job is never easy, but it's especially devastating because of your religious beliefs. When an employer discriminates against an employee based on their religion and it results in unjust dismissal, this is considered wrongful termination of an employee's contract. Religious discrimination in the workplace is a serious issue, and unjust termination of employment can have significant financial, emotional, and psychological consequences.

Employers must respect their employee's religious beliefs and practices, any form of discrimination, including unjust dismissal, should not be tolerated in any workplace.

Refusing to Allow Leave for Religious Observances

The workplace should respect your religious beliefs and practices as they are essential to who you are. Refusing to allow you to take time off for religious observances is a clear sign of discrimination. You have the right as an employee to take time off for religious holidays, prayers, or other observances as long as it does not cause undue hardship for your employer.

Employers must accommodate their employee's religious needs, including granting reasonable requests for time off. If your employer refuses to allow you to take leave for religious observances, speaking up and asserting your rights is essential.

At Allen D. Arnold Attorney at Law, we believe all workplaces should be free of discrimination, whether that be in regard to religious beliefs, race, gender, sexual orientation, nationality, and other categories of identity. If you are experiencing religious discrimination or are concerned about discrimination in the workplace, be sure to contact us right away. We are here to support and advocate for all employees in Alabama.

Steps To Deal With Unwanted Sexual Advances at Work

Mon, 27 Mar 2023 19:39:49 GMT

Sexual harassment includes unsolicited sexual favor requests, sexual advances, and other verbal and physical acts of a sexual nature. Unwanted sexual advances affect an individual's psychological and physical well-being, and many employers educate their employees about sexual discrimination and harassment.

However, even with companies playing a crucial role in ensuring workplace sexual harassment awareness, people still experience unwanted sexual advances. So sexual harassment is not just a simple problem that you can laugh off and hope for the best. Read on to learn about some ways to deal with unwanted sexual advances and harassment.

Document the Harassment

You need to document what happens in cases of sexual harassment. Keep a journal detailing the time, date, name, and what the perpetrator did to you. Information you document may end up being useful down the line when you need to prove your case.

For example, if your supervisor makes incessant requests to take you on a date, you can email them about the issue. Let them know that you do not desire to go out on a date with them and that such actions are against company policy. Also, point out that repeated asking makes you uncomfortable. Lastly, keep any text messages they send, so you have a record of your rejecting their advances.

Speak With the Perpetrator

You should talk with the person to let them know they are making you uncomfortable. Some individuals who harass others at the workplace may genuinely not understand that you do not enjoy how they treat you or are unreceptive to their advances.

Sometimes, a private conversation with the perpetrator will make them stop because they may assume you are a soft target. But if they seem not to budge, you may have to ask them to stop in a setup with witnesses. In many cases, perpetrators may feel pressured if they are aware that other people know and are involved.

Report the Harassment

If the harassment does not stop when you confront the perpetrator, you may need to take more drastic steps, such as reporting the harassment. Read up on your company's sexual harassment policies so you know the mechanisms you should use to report complaints. Sometimes, you can go to a direct supervisor if they can effectively help you solve your problem.

However, many companies require that staff members report all forms of sexual harassment to the human resources department. Expect that the perpetrator may face retaliation once you report the issue, as the department is allowed to take action against sexual harassment by law. This may be the best direction, especially if the complaint is against a person in a position of power.

File a Complaint

You can also file a complaint about your sexual with the commission that is responsible for handling sexual harassment: the Equal Employment Opportunity Commission (EEOC). The EOCC is also responsible for handling wrongful termination and discrimination issues.

Involve a sexual harassment lawyer as early as possible. Your employer will likely pay attention to your case and not try to get you to make a settlement or fire you unfairly when they get a letter from your lawyer. If you are fired or the employer threatens to retaliate, you may have other issues to report apart from sexual harassment. Avoid waiting until you suffer some negative action to hire an attorney.

Have you experienced sexual harassment at your workplace and need a lawyer to help you navigate your case? Protect your rights best by contacting Attorney Allen D. Arnold. Mr. Allen D. Arnold is a qualified and experienced lawyer with a history of employee representation. Reach out today for a consultation.

7 Signs of Retaliation in the Workplace

Mon, 23 Jan 2023 19:05:30 GMT

Workplace discrimination can manifest in various forms. For example, you can be a victim of racial, sex, disability and/or age discrimination. Fortunately, the law allows you to sue your employer and get compensation.

However, some employers may retaliate against employees who file discrimination cases. Here are some signs of workplace retaliation.

1. Exclusion From Company or Team Meetings

Most organizations hold regular meetings to review company progress and make new plans. If you recently sued your employer, of filed a discrimination complaint pursuant to the company’s policy, the employer might try to sabotage your progress by failing to invite you to meetings.

Failure to ask you to attend a meeting that you used to attend is a sign of workplace retaliation. You will be in the dark concerning company priorities and the latest developments in the organization.

2. Passed Over for Promotion or Raise

Corporations typically have specific procedures on how to promote employees or increase salaries. At some point, you may be eligible for a salary increase or a promotion.

However, management may promote somebody else or refuse to increase your salary. These actions will create an unfair working environment for you, particularly if you recently reported a workplace discrimination incident.

Your employer may fail to promote you because they think they are beating the system. The reasoning will be that they are not directly firing you. Regardless, their actions are just as bad as illegally firing you.

3. Sudden Shift Changes

Sometimes, companies that use shifts make changes to the schedule. The changes are necessary because some shifts happen at inconvenient times, require more work, or are more dangerous.

Hence, just being reassigned to another shift after launching a workplace discrimination claim is not a sign of retaliation. However, if you suddenly get all the bad shifts for extended periods, you may be a victim of workplace retaliation.

4. Reduced Working Hours

Perhaps you are a part-time employee who gets paid per hour but doesn't have minimum working hours. Alternatively, you may have minimum working hours, but most of your income comes from working overtime.

But once you report a workplace discrimination claim, the employer might assign you fewer working hours and no overtime at all. If other employees have no changes in their working hours, then your employer may be retaliating against you.

5. Dismissal

Dismissal is the most direct form of workplace retaliation and the easiest to prove. Assume you just file the complaint accusing your employer of having different pay grades for women and men. A few weeks later, the employer sends you packing and gives a vague reason.

6. Harassment or Bullying

Even after reporting a harassment or bullying case, you may continue experiencing further discrimination. For instance, you might file a sexual harassment complaint against one of the company executives.

A few days later, a rumor spreads that you are an attention seeker, and the harassment never happened. You might even get anonymous notes and emails asking you to abandon the complaint. These are forms of retaliation for filing the initial complaint.

7. Excessively Negative Performance Reviews

Many employees receive negative performance reviews sometimes, so a negative review is not always a sign of retaliation. However, if the negative reviews increase in number and frequency just after you report a workplace discrimination incident, the reviews may be a form of retaliation.

When you get negative reviews, your career prospects will take a hit. For instance, finding another job may be difficult. Similarly, the employer might use the negative reviews to further act against you. For example, your employer can reduce your salary or fail to offer a promotion if you have negative reviews. Sometimes, the employer can fire you and cite the negative feedback as a reason.

Retaliation in the workplace exacerbates the initial discrimination. Fortunately, you can seek legal action if your employer retaliates against you. Contact Allen D. Arnold Attorney at Law. Contact us for more information.

Racial Discrimination in the Workplace: A Quick Guide

Mon, 28 Nov 2022 21:03:04 GMT

Racial discrimination is when a person gets unfair treatment because they are of a certain race. Discrimination can also happen because a person exhibits traits associated with a specific race, like facial features, skin color, or hair texture. This type of discrimination sometimes manifests in the workplace despite laws banning it. Here is what you need to know about racial discrimination in the workplace.

What Is Racial Harassment?

Racial discrimination in the workplace occurs in the form of racial slurs, derogatory remarks, and offensive language about a person's race. The harassment also includes displaying symbols offensive to people of a certain race. While simple teasing or offhand comments aren't illegal, continued teasing can create a hostile working environment. In some cases, the harassment leads to the victim losing their job or position.

How Do You Identify Racial Discrimination?

One unfortunate characteristic of workplace racial discrimination is that the practice can go undetected. After all, if the employer doesn't categorically admit otherwise, how can you prove that their decision was made on racial grounds? Regardless, some instances are proof of workplace discrimination.

For instance, employers can ask questions during the interview that may have subtle references to the applicant's race. If the applicant fails to get the job, the interview questions may be proof of racial discrimination. However, these situations are rare, and some employers may find a way to explain the line of questioning. For instance, the employer may inquire about race as part of an affirmative action program.

The following activities are signs of workplace racial discrimination:

Failing to reward, promote, or hire an employee due to their race
Using derogatory language and name calling
Frequently blaming people of specific races for problems within the organization

You can also ask the employer, but they can always offer any viable reason that doesn't indicate racial discrimination.

Are There Any Exceptions to the Rule?

Sometimes, your company may make policies that appear discriminatory but are not. For instance, casting companies may place advertisements for characters of a specific ethnic background. If the company can prove genuine requirements for actors or actresses from specific racial groups, that may be deemed legal.

How Do You Prevent Racial Discrimination?

The law has strict regulations preventing employers from directly or indirectly discriminating against their employees. Racial discrimination isn't necessarily intended or deliberate, as some employers discriminate against individuals without even realizing it. Regardless, unintended racial discrimination is still illegal.

Employers may also be liable for any racist acts of their employees. For instance, if a colleague or line manager makes racist remarks about another worker, the employer may be responsible. The liability occurs if the employer does not implement measures to prevent workplace racial discrimination. In some cases, employers are still liable even after implementing reasonable steps.

Employers who fail to create a discrimination-free workplace may have to pay a fine. But the real penalty is the damage to the employer's reputation.

What Laws Protect Against Racism?

States and federal laws prohibit any form of racism in the workplace. Federal protection went into effect in 1964 with the Civil Rights Act. This act prevents any form of racial discrimination in the workplace. In particular, Title VII of the Civil Rights Act provides specific stipulations on what constitutes racial discrimination and the subsequent penalties for people found guilty of racial discrimination in the workplace.

Federal protection protects employees from racial discrimination during the hiring process. The law also prohibits employers from providing lower wages and benefits to employees due to their race. Other prohibited forms of discrimination include providing poor work conditions and segregation of employees along racial lines.

What Should Victims of Workplace Discrimination Do?

If you are a victim of racial discrimination in the workplace, you can get justice and compensation. Allen D. Arnold, Attorney at Law, is a law firm specializing in workplace discrimination and harassment cases. Contact us for more information.

4 Tips for Winning a Wrongful Termination Case

Thu, 27 Oct 2022 01:45:53 GMT

If you feel that your employer did not fire you fairly, you may be able to seek compensation for loss of income. However, since employers are free to end employment at any time, you must prove by a preponderance of the evidence that your employer violated employment laws when firing you.

Therefore, you should gather convincing evidence to build a strong case. The following are some tips for ensuring a win when you file a termination case.

1. Determine Your Employment Status

Before filing your wrongful termination Charge of Discrimination and/or lawsuit, check your employment status, as it determines the direction of your case. If you are an at-will employee, you should know that your employer can dismiss you without reason. Therefore, you can only build your case on the exceptions to the at-will termination rule.

Look for ways to prove that your employer fired you for illegal reasons, like discrimination or as retaliation for your actions. For example, you can seek compensation if your employer fired you because of your sex (including sexual orientation), age, or race.

2. Evaluate Your Case

Never proceed to litigation if you have no grounds to file a watertight case. Some grounds you can build your unfair dismissal case on include:

Discrimination . You can file a wrongful termination lawsuit on the ground that your employer fired you because the employer made a decision that was motivated because of your race, sex, sexual orientation, age, or even because you are pregnant.
Violation of agreement. You deserve compensation if your employer breached a pre-employment agreement you made by firing you. These instances are very rare as the contract usually requires a firm beginning date and firm date.
Sexual harassment. Your employee should not fire you because you show no interest in their sexual advances.
Retaliation. Your employee should not fire you for exercising your legal rights, such as using FMLA leave, filing a workers’ compensation claim, or opposing improper overtime pay practices.
Whistleblowing . Your employer should not fire you for cooperating with law enforcement as a whistleblower. For example, your employer should not fire you for exposing fraudulent bills that the employer submitted to the Federal Government.

3. Gather Enough Evidence

As mentioned above, wrongful termination is hard to prove if you lack crucial evidence. Therefore, if you wish to file a Charge of Discrimination and/or a lawsuit against your employer, gather enough evidence to prove that the employer fired you illegally.

For example, if you believe that discrimination played a part in your dismissal, you can seek statements from your co-workers. (Such co-workers are protected by many anti-retaliation statutes). In addition, look for documents to prove that your employer acted illegally. These documents include:

Personnel file. Your personnel file is crucial in a wrongful termination lawsuit, as it provides crucial important information about your employment. Employers rarely provide employees with a copy of their personnel file (FYI – the personnel file is not your property). So keep copies of documents throughout your employment, such as disciplinary write-ups and performance reviews.
Employer policies. You can use your employer's policies to prove that they violated their standards when firing you. Always keep a copy of the Employee Handbook.
Pay records. You need your pay records to show the amount you have lost in wages. Always keep a copy of your paystubs and your W-2s.
Communication evidence. If your employer sent a threatening email or message, you can provide it in court to prove harassment. Print up a copy of these emails or messages or forward to your private account.

Never Ever Take Documents or Things That Do Not Belong to You

4. Get Professional Help

The legal matters and complexities of a wrongful termination case make legal help necessary. Therefore, seek help from an employment law attorney before filing a Charge of Discrimination and/or lawsuit. An experienced employment attorney can help you gather the evidence you need to build a strong case and evaluate the case to estimate the amount you deserve as compensation.

Moreover, your attorney knows the best way to handle your case to ensure that you get maximum compensation.

Like other lawsuits, a wrongful termination requires proper preparation and adequate legal knowledge. Since most states are at-will employment jurisdictions, you must prove that your employer fired you in violation of a specific State of Federal law to seek compensation for your lost wages. Use the tips above to increase your chances of winning your case.

At Allen D. Arnold Attorney at Law, we care about our clients' best interests and have the expertise and experience required to give excellent services. Contact us today to schedule a consultation.

What Is Overtime and When Does It Apply?

Tue, 20 Sep 2022 18:38:07 GMT

Working hours should be commensurate with your pay and obligations. Sometimes, however, your employer may ask you to work beyond the agreed hours. In this case, you may be eligible for overtime pay. Learn what you need to know about overtime today.

What is overtime?

Generally, overtime is any work you do after working 40 hours per week. However, there are exemptions to this rule. These exemptions are available in the Fair Labor Standards Act (FLSA).

According to the FLSA and Department of Labor (DOL) regulations, overtime doesn't apply to regular working hours on weekends and holidays. That is because the workweek is only based on the number of hours per week and not a specific time within the week or day of the week. As long as you have completed 40 hours of work within a consecutive 168 hours, then any extra work counts as overtime.

Therefore, the workweek doesn't necessarily have to start on a Sunday or Monday. Moreover, the FLSA and DOL regulations don't allow employers to average the working time for more than seven consecutive days.

How Do You Calculate Overtime Pay?

Overtime pay is higher than the employee's standard salary. Federal employment regulations state that overtime pay should be at least 1.5 times higher than the normal pay. For instance, if your standard regular hourly rate is $25, you will earn at least $37.50 per hour for overtime work.

Who Is Eligible for Overtime Pay?

You can either be a non-exempt or exempt employee. The classification rules appear in the FLSA and the DOL regulations. If your employer puts you in the wrong classification category, you can go to court to receive compensation.

Exempt employees are workers who are not eligible for overtime pay. These employees receive salaries instead of hourly payments. Hence, exempt employees receive predetermined payments.

Nevertheless, salary alone can't put you in the exempt status. The FLSA regulations exempt employees who earn more than $684 per week from receiving overtime payments. Also, people in professional positions may be exempt even if their annual salary is less than $684 .

Being in an executive (or managerial) position means that two or more other workers report to you. You can also be exempt if your employer has to pay you regardless of how little you work.

Non-exempt employees typically receive compensation in the form of hourly wages. Your employer will count your total working hours and calculate the total payment. If the total working hours exceed 40 hours in a workweek, you are eligible for overtime pay.

Which Industries Are Covered?

Overtime regulations apply to most industries. For example, employees who handle products for interstate commerce companies are eligible for overtime pay. If the company's gross revenue exceed $500,000 per year, the employees are usually entitled to earn overtime premium compensation.

Other eligible institutions include those that offer services to the sick and the elderly. The institutions can be hospitals, nursing homes, and some medical schools.

Teachers and other support staff in preschools, elementary, secondary, and higher learning institutions can also receive overtime payment. Furthermore, government employees are eligible for overtime pay. Other people who can receive overtime payment include:

Babysitters
Housekeepers
Chauffeurs
Day workers

Generally, salary-based employees are exempt from overtime pay. Visit the FLSA website to find out if you qualify.

Protect Your Rights

You deserve to receive payment for all your hard work. Hence, work with an employment lawyer, such as Allen D. Arnold Attorney at Law, to know when you are eligible for overtime pay.

We offer legal services to employees who have disputes with their employers. Contact us to protect your employment rights.

Frequently Asked Questions About Pregnancy Discrimination

Wed, 14 Sep 2022 00:59:02 GMT

American workers have benefited from anti-discrimination legislation for decades, thanks to legal measures such as Title VII of the Civil Rights Act of 1964, which originally prohibited discrimination based on factors such as age, sex, race, and religion. Today's pregnant workers also enjoy federal legal protection against discrimination.

Which Law Protects Pregnant Workers Against Discrimination?

While the original Title VII provision did not include pregnancy as a reason for workplace discrimination, this situation underwent a change in 1978 with the addition of the Pregnancy Discrimination Act (PDA) . This amendment to the original law extends the core protections of Title VII to pregnant workers.

The PDA does not attempt to include pregnancy discrimination as a form of sexual harassment. Instead, it establishes the protected status of pregnancy by categorizing it as a temporary condition. The Supreme Court recent borrowed from disability law to help enforce the PDA. Employers must offer the same considerations to pregnant workers as they would to any employee with a temporary disability.

If you believe that you may face discrimination in the workplace because of your pregnancy, you need to develop a high-level understanding of how this form of discrimination may occur and what you can do about it. Start by examining the answers to the following questions about pregnancy discrimination.

How Does Pregnancy Discrimination Manifest Itself?

Any unfavorable treatment of a worker based on that worker's pregnancy, or on issues directly related to the pregnancy, may constitute pregnancy discrimination. This mistreatment may apply to hiring, firing, training, promotion (or demotion), layoffs, pay rates, assignments, and other aspects of the employment experience.

Discrimination against a pregnant worker may take a variety of forms, from subtle to blatant. Offenders might require the worker to take a medically unnecessary (i.e. early) maternity leave, refuse to make special allowances for pregnancy-related symptoms or work limitations, dock pay, or change the worker's job status.

When Does Harassment Count as Pregnancy Discrimination?

Harassment of a worker based on that worker's pregnancy counts as pregnancy discrimination. If members of your workplace subject you to crude jokes, derogatory language, hurtful cartoons, inappropriate physical contact, or lewd gestures, these behaviors count as harassment and run afoul of the law.

What Other Kinds of Discrimination Relate to Parenthood?

Discrimination against a pregnant worker may not end once the baby has arrived. New mothers may encounter harassment, unreasonable job demands, pay cuts, or other unfair treatment based on their need to spend time caring for a baby (including the right to express mother’s milk). Even new fathers may experience this kind of discrimination.

Federal laws do not specifically address the issue of parental or familial discrimination, leaving these issues to the states. Unfortunately, Alabama has no law prohibiting this form of workplace discrimination. However, new parents may invoke their right to maternity and paternity leave via the Family and Medical Leave Act (FMLA) if their employer is large enough.

How Can You Fight Back Against Pregnancy Discrimination?

Your negative workplace experiences may entitle you to file a federal pregnancy discrimination lawsuit based on violations of the PDA. You must file a formal charge with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory action.

After reviewing your charge and sending a copy of it to your employer, the EEOC may recommend strategies ranging from outright dismissal (especially if you missed the submission deadline) to mediation or full-scale litigation. Bear in mind, however, that this organization rarely offers plaintiffs legal representation in such cases. The EEOC carries out its mandate from Washington. A lawyer you hire for your case looks out for your best interests.

Once past these preliminary stages, the EEOC will send you a Right to Sue notification. At this point you may go ahead with any legal action you may consider necessary. A skilled business attorney can help you present your case and fight for your rights.

Allen D. Arnold Attorney at Law can help you battle against pregnancy discrimination in your workplace and can assist you with all steps at the EEOC and in Court. Contact our law office today to ask for a free consultation.

Are You a Victim of Pregnancy Discrimination? Signs to Watch For

Thu, 28 Jul 2022 16:28:15 GMT

Have you recently become pregnant? Under laws like the Pregnancy Discrimination Act and Family and Medical Leave Act, you may have protection for your specific pre-natal and post-natal condition. If you feel that you have faced discrimination due to your pregnancy, know the signs to watch for.

You Have Been Fired From Your Job

Did your company let you go as soon as the management learned you became pregnant? This suspicious timing means you should explore a case made possible by the Pregnancy Discrimination Act. While a company may give another reason for the firing, if you suspect the termination decision was due to your pregnancy, you should consult an attorney about pursuing a pregnancy discrimination case.

You Have Been Asked to Take a Leave of Absence

Did your company ask you to take an extended leave of absence until your baby is born? While you may choose to take a leave of absence yourself, your company can’t force you to leave your job until your pregnancy is done. You are allowed to stay until you can’t reasonably do so due to your condition.

You Have Been Refused Time Off

Alabama currently has no law in place for pregnancy leave. However, if your pregnancy requires you to take time off, then you should be able to take time off with the Family and Medical Leave Act. While the FMLA only requires companies with fifty or more employees working within 75 miles of one another to provide unpaid time off, you are often able to take up to 12 weeks off as necessary. As this act does have specific requirements that you have to affirmatively take (such as certifications from healthcare provider), ensure that your company falls under and follows FMLA law.

If your company is covered by the FMLA and still refuses adequate time off for things like medical appointments relating to your pregnancy, childbirth, or care for a new baby, you might have a case for pregnancy discrimination.

You Were Demoted

If your condition still allows you to perform the same functions as you would while not pregnant, but your company demoted you as a result of your pregnancy, this can be discrimination. As a demotion can impact you financially, you should be entitled to the same duties and monetary payment. What defines a demotion differs, but often, you might work fewer hours or have lighter duties that constitute less pay.

You Weren’t Promoted

Conversely, sometimes you may not receive a promotion due to your condition. Since you should not receive different treatment from other workers, being passed over for promotion after management learns about your pregnancy can be a sign of pregnancy discrimination. A lack of a promotion can mean missed opportunities for advancement and higher pay. An attorney can help you pursue a case if you could have adequately received a promotion during your pregnancy.

You Don’t Receive Adequate Accommodations

Pregnancy can sometimes bring with it certain disorders, such as gestational diabetes. These disorders might require adjustments at work to ensure your health and safety. If your company refuses to provide these adjustments, such as a better chair or additional breaks, then you might be a victim of pregnancy discrimination. These adjustments are usually minor and allow you to continue working the same as if you were not pregnant.

You Are Not Allowed to Nurse Your Child

Did you receive harassment in wanting to or outright refusal to nurse your newborn child? While this is after a child is born, this can still fall under pregnancy discrimination laws. Federal law allows for a new parent to nurse their child at their places of employment. If nursing your child becomes difficult to do because of harassment or discrimination in any form, you can often pursue a pregnancy discrimination case.

Allen D. Arnold Attorney at Law can help. We are dedicated to protecting all workers from discrimination, including those who become pregnant. When you visit us, we will evaluate your case, educate you on your rights, and help you determine the best course of action. Contact us today to schedule your free consultation.

Signs of Sexual Harassment in the Workplace

Mon, 20 Jun 2022 15:29:43 GMT

Do you know about 56% of employees have either witnessed or experienced sexual harassment in the workplace? Today, sexual harassment is still a prevalent issue in most organizations and affects both men and women. Sexual harassment in the workplace exists in two forms: hostile work environment and quid pro quo.

Quid pro quo sexual harassment is when a person in a position of power or authority demands sexual favor in exchange for something. A manager or supervisor may demand sexual favor from a subordinate in return for a benefit (i.e., pay rise, job acceptance, or promotion) or to avoid disastrous consequences (i.e., job loss, demotion).

Hostile work environment sexual harassment involves repeated and intentional behaviors that create an uncomfortable or intimidating work environment. This type of harassment can come from anyone in the workplace and may include sexual violence/assault or sexual jokes.

In some cases, workplace sexual harassment may not be apparent or obvious. So, how can you tell you're a victim? Read on to learn some common signs of sexual harassment in the workplace.

Inappropriate Physical Contact

Unwanted physical contact in the workplace is among the most extreme forms of sexual harassment. Unwelcome physical contact may include pinching, kissing, touching, hugging, grabbing, leering, or even using an object to touch someone. While some actions such as touching and hugging can be an innocent expression of friendship, the recipient might not appreciate it.

Suppose you've consistently told a colleague or peer you're not comfortable or feel unsafe with a certain physical contact, but they continue. In that case, you might be a victim of sexual harassment in the workplace. Speak with an attorney who will listen to your case and advice on the best legal actions to protect your rights.

Unwelcome Requests

Also known as quid pro quo, unwelcome requests for sexual or romantic activities indicate workplace sexual harassment. For instance, if your manager asks you out for a date and, in exchange, they promise to reduce your work assignments, you might want to take action against sexual harassment. Also, it could be the manager has threatened to either fire or demote you if you reject their advances.

If you've experienced this type of quid pro quo sexual harassment, you may have a strong case against the harasser. However, for a successful sexual harassment claim, talk to an experienced employment lawyer who will offer legal guidance and representation.

Sexualized Language and Images

Sexualized jokes, remarks, gestures, noises, or images indicate sexual harassment. If you're subjected to any of these harassments physically through text message, email, video, call, or social media post, you have grounds for a sexual harassment claim. Whether from a superior or colleague, this type of sexual harassment can create a hostile work environment for the victim and affect productivity.

Retaliation

In most cases, employees who reject the advances of their superiors may be subject to retaliation. Also, the retaliation could occur if the victim reports the harasser to the concerned department. If you're uncomfortable with a superior or coworker's sexually inappropriate behavior in the workplace, but you feel speaking out could have consequences, you're a victim of sexual harassment.

Also, if you've been demoted, fired, or received any other kind of punishment after you declined advances or reported a complaint, you have strong grounds for a sexual harassment claim.

Experiencing sexual harassment in the workplace can be stressful and frightening. If you're a victim of workplace sexual harassment, seek a legal remedy. Work with a skilled employment attorney to prove a violation of your rights. At Allen D. Arnold Attorney at Law , we're ready to fight for you to guarantee the best legal outcome.

What You Need to Know About Wrongful Termination

Thu, 28 Apr 2022 15:21:15 GMT

Do you suspect you've been wrongfully terminated? Wrongful termination is a familiar concept for many people, but it's one about which many misconceptions also exist. To help you determine if you have a case to receive some type of recompense for your termination, read on to learn some answers to common questions about wrongful termination.

What Is and Isn't Wrongful Termination?

In general, wrongful termination occurs when an individual is terminated because of discriminatory practices regarding a legally protected right.

For example, a person who is terminated because they became pregnant may have a case for wrongful termination because pregnancy is a protected class under labor laws in the U.S. However, if the terminated employee was fired for poor work output and just happens to be pregnant, the termination may not be wrongful.

What Types of Actions Cause Wrongful Termination?

Most states, including Alabama, follow the concept of “at-will” work. This means that an employer can terminate an employee at any time and for most reasons. However, doing so due to discrimination of protected rights makes it unlawful. What are some ways discrimination shows up in wrongful termination? A few of the most common include the following examples:

A worker over age 45 who is terminated to save the company money or avoid paying retirement benefits
A person who is terminated due to their gender, sexual orientation, race, religion, or ethnicity
An employee who lodged an internal complaint and was terminated in retaliation
A whistleblower who reported labor law or safety violations to oversight agencies and was fired
A person whose work environment was made so hostile that they quit — an act known as constructive termination

As more groups have received protected status, more workers may find themselves with protection in cases like these. However, many Americans still may not fully understand if they are covered by employment discrimination laws. And employers often try to hide their discriminatory behavior by using excuses that are not protected, such as arbitrarily punishing an employee for small slights.

What Can You Do About Wrongful Termination?

Does your case seem to fall into the category of wrongful termination? If so, you might get help in one of several ways.

The first may be to get your job or position back. By asserting your employment rights, you might find that your employer would rather undo the damage than face an expensive lawsuit or be reported to employment agencies. While returning to the employer isn't everyone's goal, it may be yours.

You likely also have grounds to lodge complaints with your state labor board or federal oversight agencies such as the Department of Labor's whistleblower protection program. While this route may or may not result in financial compensation for you, it can help build a stronger case in civil court and prevents the employer from continuing wrongful practices.

Finally, you may choose to sue your previous employer for monetary compensation — including both lost wages and additional damages — due to their wrongful termination. This is the most likely way to get the income replacement you deserve, but this course requires the most time, investment, and effort.

So if you have a strong case and may lose significant income now or in the future, this may be necessary.

Where Can You Learn More About Wrongful Termination?

The best place to begin learning more about a possible wrongful termination is by meeting with an experienced employment attorney in your state. Alabama employees should contact Allen D. Arnold Attorney at Law immediately. We'll help you assess your situation, learn which laws may help you, and formulate a plan of action. Call today to make an appointment.

Illegal Workplace Discrimination — What Is It and How Does It Happen?

Tue, 29 Mar 2022 20:06:04 GMT

Discrimination in the workplace can cost you your job, damage your career path, and ruin your mental health. But to combat discrimination, you must first understand what it is — and just as importantly, how it might manifest itself. To help you achieve more equality at work, here are a few key things to know about illegal discrimination.

What Is Discrimination?

In its broadest sense, discrimination is the act of treating someone differently — usually less fairly — based on a certain factor. Discrimination is unlawful in the workplace when it is based on one or more of what are known as protected categories. Discrimination based on factors outside these categories, such as a boss who simply doesn't like an employee, usually is not protected by existing laws.

What Are Protected Groups?

Fortunately for American workers, the list of types of discrimination they can be protected from has grown over time to include a wide array. These include:

· Age. Workers over 40 have special protection from discrimination against older workers

· Sex and Gender Identity. While usually applied in cases of women being discriminated against, this can also include male workers in traditionally female field (nurses and administrative assistants, hello!)

· Sexual Orientation. Along with discrimination against genders, sexual orientation cannot be used in employment decision-making.

· Pregnancy and Family Status. Expectant parents receive protection from loss of opportunities based on pregnancy. In addition, companies cannot discriminate toward workers based on being or not being parents. Family status questions are a clue, but not a per se example of illegal discrimination.

· Race and Ethnicity. Racial discrimination may include that based on physical characteristics, national background, and cultural ethnicity. The laws also forbids discrimination based on citizenship status.

· Religion. Religion includes religious beliefs, practices, forms of worship, religious attire, and even the need for time to practice one's religion, as well as other reasonable accommodations.

· Disability. This protection includes both physical and mental health disabilities as well as chronic or previous medical conditions. Employers must engage in a dialogue about reasonable accommodations for the worker's needs, and provide those accommodations absent an undue harm.

· Genetic Information. Companies have increasing access to health and genetic background information. This cannot be used to act against a worker.

Clearly, discrimination can happen in many situations — some of which may surprise workers. It may even be subtle, such as by a manager asking seemingly casual questions about a worker's kids, spouse, or family history. This is why it's important to know your rights.

What Forms Does Discrimination Take?

Discrimination can happen throughout employment — from the hiring process all the way through the termination process. From the outset, a company may not interview candidates of certain genders, ages, or ethnicities. Hiring managers should not weed out applicants based on questions or observations during interviews, such as when a candidate is pregnant.

For employees, discrimination can come in many ways. The company may not offer promotions, not assign people to prestigious projects, or give vacation and leave priority to other workers. It also may pay certain employees, such as women or those of an ethnic background, less than peers.

Harassment is a common form of discrimination. An employee might be mocked, picked on, touched without consent, told inappropriate jokes, or hit on based on their gender or sexual orientation, for instance. Religious discrimination can come in the form of mocking a person's religious beliefs. And workers with chronic health issues may be left out of team projects.

Finally, discrimination can occur even as you leave employment. Older workers or women may be laid off first. Some workers might be denied severance benefits offered to peers. Or a manager might simply come up with an excuse to fire a protected worker.

Where Can You Learn More?

Some cases of discrimination at work are easy to spot, but some companies are careful to make it subtle. Discrimination law is complicated and difficult to prove. All cases require an in-depth review of the facts of your situation. If you feel you may have been or are the subject of discrimination based on one of these categories, start by learning your rights. Allen D. Arnold Attorney at Law can help. We'll assess your situation and help you identify legal protections and compensation you may be due. Call today to get started.

Have You Been Misclassified by an Employer? What You Can Do

Thu, 10 Mar 2022 21:01:31 GMT

Have you received IRS Form 1099 instead of Form W-2 from your workplace? If so, you may be part of the growing group of American workers who have been — or will be — misclassified as an independent contractor.

What is misclassification and how does it harm you? What recourse do you have if you have been misclassified? And how can you help other workers in the same situation? Here are a few important answers.

What Does Misclassification Mean?

Businesses hire one of two types of workers: employees or independent contractors. Employees have a number of rights granted by law — including minimum wages, overtime compensation, workers compensation insurance, unemployment benefits, leave, and protection from unfair termination. Contractors, on the other hand, are treated as independent businesses and don't have these protections.

Each company makes the decision about what type of worker they are hiring. But there are rules governing how to determine which type you are hiring. When a company fails to match the right job description and circumstances with the right classification (employee or contractor), the person becomes misclassified.

Why Do People Get Misclassified?

In some cases, an employer classifies workers as contractors through genuine error. They may be unaware of the differences between classification or the rules on this subject. Or they may have just received bad advice.

Unfortunately, many employers knowingly misclassify in order to avoid things like payroll taxes, overtime pay, workers' compensation premiums, and recordkeeping rules. The employee may not understand the distinction and agree to this change. Or they may not even know that they've been classified as a contractor until they receive Form 1099.

What Steps Can You Take?

The first step for many misclassified employees is to make a written request to the their employer and ask the reasoning for this decision. If the employer has simply failed to understand the responsibilities of properly classifying workers, they may do additional research and correct the matter. In general, you should get reclassified retroactively if there's been an error — including correct payment of past employer taxes and the possibility of overtime pay.

Unfortunately, if the company is trying to skirt the financial and liability burdens of having employees, they may not be willing to simply correct the issue. In this case, you may need to seek outside reclassification. The IRS, for instance, has rules about the classification of employees and independent contractors, and you or your attorney can request that the agency make a ruling on your case. State and federal agencies and state and federal court also have their own misclassification tests.

Do You Have Only One Chance to Fix Things?

For most workers, requesting a classification judgment from the IRS can resolve misclassification. However, you have a number of additional options depending on your situation.

Each state and federal agency involved has its own rules regarding what constitutes an employee — some of which are broader or narrower than others. So you may be able to go ahead and file a special workers' compensation or unemployment insurance claim. You also may file IRS forms that document why you should not have to pay the employer's portion of payroll taxes. Seek advice from a tax lawyer, accountant, or tax specialist before sending in these forms.

Some workers even pursue damages against employers who fail to fix misclassification and cause significant financial harm.

How Can You Help Other Workers?

Any employee who asserts their right to fairness in the workplace helps other employees — past, current, and future. If the IRS or state labor board investigates the employer and finds them misclassifying people, the company will have to make it right for all affected workers. And generally, this will prevent the same thing from being done in the future, even to employees too afraid to speak up.

Where Should You Start?

If you suspect you've been a victim of misclassification, protect yourself now by taking immediate action . Allen D. Arnold Attorneyat Law is an employment law attorney who represents Alabama citizens whose employers violate their rights. We'll work with you to find the best route to getting the employment protections you deserve. Call today to make an appointment.

6 Signs Your Employer Isn't Taking Your Complaint Seriously

Fri, 04 Feb 2022 18:23:03 GMT

Have you made a formal complaint to your employer about discrimination, harassment, or some other unlawful activity at work? Serious employers who intend to follow the law and respect the rights of their employees will respond in a reasonable way that helps resolve the situation.

But what sort of response should you look for? And what are some signs that your employer isn't taking complaints seriously? Read on to discover a few things to look for.

1. Failure to Separate Individuals

Does your complaint involve a specific individual or group of employees? If so, your employer should take steps to ensure that no further incidents occur — or could be construed as occurring — while they investigate the matter.

However, if nothing changes and you're forced to interact with someone accused of harassing you, creating a toxic workplace, or retaliating, your employer may not think you deserve protection. And if they feel that way, they're unlikely to think that your complaint deserves serious consideration.

2. Failure to Keep Documentation

The Human Resources department is the one primarily tasked with handling employee matters and complaints. Do they keep adequate records to track patterns and show evidence of what's really going on?

Most employees get a sense of how well their employers document their processes and keep records. If yours already tends to write down very little and fails to track progress throughout their organization, keep an eye out for signs that they aren't preparing any paper trails this time. Ask for copies of everything you're allowed to have access to. Few copies may mean little record-keeping.

3. Failure to Interview People

Employee complaints start out as the testimony of one person. However, they generally involve other people — including coworkers, supervisors, management, vendors, business partners, and even clients or customers. Make note of anyone that was involved in your case, including those whom you noted could provide further evidence, and make sure the employer speaks with them.

4. Failure to Hold an Independent Investigation

Your employer should launch an internal investigation of your complaint. But who should handle this investigation?

The assigned person or persons should be an impartial party who has no partiality when it comes to the circumstances of the incident(s). This person could be within the HR department, but the complaint may call for an outside source instead. You should feel confident that they can be impartial and any objections should be taken seriously. If the investigating employee is not impartial, politely registered your objection in writing and make sure the objection is fact based. For example, the harasser’s best friend is leading the investigation.

5. Failure to Maintain Confidentiality

If the employer talks about your case, gossips about it (or allows employees to gossip), belittles the matter, or leaves relevant documents or files around, they aren't maintaining a confidential environment. And this generally indicates a lax attitude toward the situation. However, if others know about the investigation, then the employer cannot use the “ostrich” defense and deny knowledge that you ever complained.

6. Failure to Communicate With You

You have a right to know how the company is responding to your complaint within a reasonable time. You should receive copies of forms, meet with Human Resources or management, be asked for follow-up meetings, and be informed of what's being done to investigate.

Is your employer keeping you reasonably in the loop within the bounds of confidentiality? While you won't be privy to every step they take, you should be given regular updates. And if you specifically ask for such, updates should be forthcoming. If not, the employer may be dragging out the investigation.

Where to Learn More

Do you need help identifying whether or not your employer is taking your complaint seriously? Start by meeting with the employment law professionals at Allen D. Arnold Attorney at Law . We'll assess your case and help you decide whether it's time to take the complaint to the next level or not. Call today to learn more.

Answers to Your Questions About Whistleblowing

Mon, 10 Jan 2022 17:29:24 GMT

Are you aware of unlawful activity at your workplace? Employees in your position have many questions and decisions to make. One of these may be whether to become a whistleblower or not. What is a whistleblower? What rights and protections do you have as a whistleblower? Moreover, what is the best way to protect yourself? Here are some important answers to your questions.

What Makes a Whistleblower?

The idea of a whistleblower is familiar to most, but it is often misinterpreted. For legal purposes, a whistleblower is generally a person who reports business activity that violates laws and statutes. These violations include areas like job site safety, food safety, tax law, workplace discrimination, consumer product protection, money laundering and fraud, environmental protection, and energy safety.

Whistleblowing, though, may be referred to in broader terms about speaking out about any wrongdoing or secretive activity an employee sees. Before you decide to speak up, you should understand what qualifies as protected whistleblowing. Someone who reports an employer for discrimination may be protected from retaliation, but someone who reports that the CEO is wasting company funds won’t be.

How Are Whistleblowers Protected?

If you feel you must report a serious violation, what protection can you expect? In general, the law prevents employers and others from retaliating against someone who exercised their right to report unlawful or unethical activity. It may extend protection to nonemployees, including independent contractors and vendors, business associates, and temporary employees, but if you are one of these non-employees listed here, you should consult an attorney before engaging in whistleblower activity and make sure you are protected

Retaliation in the workplace takes many forms. Certainly, the most obvious form is the termination of the employee's job. However, retaliation can be more subtle. Here are a few less noticeable ways employers may retaliate against a whistleblower:

Denying the worker days off
Failing to promote or give the worker a due raise
Giving the worker the worst projects or shifts
Making fun of the worker
Allowing other employees to create a toxic environment
Making work so difficult that the person leaves
Disciplining the worker when it is undue or doing so unfairly
Threatening to report the worker to the government
Reducing the worker's hours or not scheduling them
Ceasing business with the person's company

Clearly, retaliation can be difficult to recognize, particularly when it first happens. Because employers know that retaliation is against the law, they're likely to do it gradually and come up with excuses for bad behavior. A whistleblower might be allowed to interview for promotions, for instance, but may not realize that they were simply never seriously considered.

Whistleblowers may qualify for additional protection: a reward. Some cases — in particular, financial and tax fraud — may come with a monetary reward of a percentage of funds recovered due to the whistleblower's actions.

How Can You Protect Yourself?

Anyone who knows of potential legal violations should take a few preparatory steps before making a decision about whistleblowing. First, you should do your best to document the activities or circumstances. This helps you by providing a clear case that you should be protected under whistleblower rules. It also makes reporting easier and more successful.

The second step is to speak with an independent attorney in your state. They'll help you understand unlawful actions and decide the best approach to stopping violations with as little risk to yourself as possible. Your attorney may advise you to approach the company, such as the Human Resources department, with a formal written complaint, or they may advise going to an oversight agency first. You should know the answer to how best to blow the whistle beforehand.

Where Should You Start?

Alabama contractors, employees, and others who witness unlawful activity should meet with Allen D. Arnold Attorney at Law . We'll help you determine the best way to stop wrongful actions and protect both yourself and those around you.

3 Things To Know About The Family Medical Leave Act

Fri, 10 Dec 2021 17:26:59 GMT

In 1993 , Congress passed the Family Medical Leave Act (FMLA). This federal law requires businesses of a certain size to give employees multiple weeks of time off to cope with pregnancy, personal illnesses, child adoption or foster parent issues, family health challenges and issues related to military service members and spouses. Every state must honor FMLA laws, but state employees have different remedies in a Court of law than employees working for private employers.

Whether you've gotten into a conflict with your employer over a family medical leave request or you'd just like to know your rights in anticipation of an extended leave from work, you can benefit from a basic understanding of FMLA provisions, limitations, and violations. Think about the following three points regarding this law.

1. The FMLA Permits Unpaid Leave for a Variety of Reasons

The federal government originally created the FMLA to solve the problem of workers losing their jobs simply because they had to take a few weeks off for medical reasons, including the weeks leading up to and following pregnancy. Today, the FMLA guarantees employees up to 12 weeks of unpaid FMLA qualifying leave every 12 months.

Today's version of the FMLA also extends special leave permissions for individuals who serve in the military. Military caregiver leave can last up to 26 weeks per 12-month period.

Situations commonly covered by the FMLA include childbirth, care for a newborn child, adoption or foster care placement, care for an immediate family member suffering from a serious health problem, and medical leave necessitated by an employee's own serious medical issue.

2. FMLA Violations and Abuse Can Take Many Forms

Despite the status of the FMLA as the law of the land, employers sometimes abuse or violate the Act in various ways. One prime example involves medical benefits, which the FMLA requires employers to maintain for employees on medical leave. Cancellation of these benefits could count as an FMLA violation. However, if you contribute to your employee benefits by paying a share of the premiums, you may be obligated to pre-pay those premiums prior to commencing FMLA leave.

Other actions that violate the FMLA include failing to reinstate employees to equivalent positions after their return from leave, as well as any acts of discrimination, retaliation, or harassment related to the leave request. Even the failure to post the FMLA regulations in a visible spot can draw a Department of Labor fine (and be evidence to support a private cause of action).

Bear in mind, however, that not every employer has to adhere to FMLA regulations. The FMLA generally applies to private companies (including non-profits) that employ 50 or more employees. To be eligible for leave, the employer must employee fifty (50) or more employees within seventy-five (75) miles of your worksite, the employees must have twelve months or more of service with the company, and more than 1,250 hours of service within the previous twelve months. If your employer doesn't fall into these basic categories, its actions against you may not constitute an FMLA violation.

3. You Can Take Legal Action Against an FMLA Violation

If your employer has violated your FMLA rights, you can file a lawsuit against them to reclaim and enforce those rights. As an alternative to a privately-filed lawsuit, you can file an official complaint with the Secretary of Labor at the Wage and Hour Division of the U.S. Department of Labor.

You must pay attention to the acceptable timelines for these actions. You have two years from the last violation, or three years from the last willful violation, to file your lawsuit. If you file a complaint instead, you must still do so within a reasonable period of time following the violation. As a rule of thumb, employees should file lawsuit within two years of the company’s illegal actions.

If you believe your employer has denied an FMLA-qualifying leave or terminated you unfairly over issues related to your medical leave, contact Allen D. Arnold, Attorney at Law. Our team can discuss your concerns and options with you in a free consultation.

Understanding Sexual Harassment in the Workplace

Thu, 28 Oct 2021 14:27:42 GMT

In an ideal world, your employer should provide a comfortable and safe work environment. But whether you work in an office setting or in the boiler room of a steel mill, an employer has a responsibility to ensure no one is being harassed for any reasons that violate Title VII of the Civil Rights Act of 1964 as amended. However, sexual harassment is still a problem in many companies, and when it is left uncontrolled it can create a toxic work environment. If you would like to know more about sexual harassment in the workplace, keep reading.

What Is Sexual Harassment?

Sexual harassment can be overt or subtle. More overt signs of sexual harassment include inappropriate touching or making sexual gestures toward someone. However, there are less obvious signs that someone is sexually harassing you, such as talking to you about your sex life or their sex life, showing you explicit images, or sharing explicit jokes and stories.

The employee does not have to be targeting you to sexually harass you. If you overhear a fellow employee tell another employee an explicit story, or if you see inappropriate touching between two employees (even if it is consensual for both parties), you can report it as sexual harassment to the HR department.

In some cases, the HR department may keep the identity of the employee who reported the sexual harassment private (but the employer does not have to keep your complaint private). This is to prevent retaliation from other employees and the employer. Retaliation is never legal in the work environment and can lead to serious consequences.

Are There Different Types of Sexual Harassment?

The Equal Employment Opportunity Commission (EEOC) names two types of sexual harassment in the workplace: quid pro quo and hostile work environment. In a quid pro quo situation, your employer may agree to trade a promotion for sexual favors. In some cases, they request sexual favors in exchange for not firing you, retaliating, etc. This type of harassment is typically done by a manager or supervisor.

Hostile work environment sexual harassment can include many examples, and the hostile behavior can come from anyone, including upper management and coworkers. This type of sexual harassment is often harder to spot because it is usually subtle, such as saying sexist comments around other employees. If an employee repeatedly asks you out or posts inappropriate pictures at their workstation, such as a suggestive calendar, it may constitute a hostile work environment. Unfortunately, the Courts take into account the frequency of the communications as well as the content.

What if a Customer or Client Sexually Harasses You?

In many cases, sexual harassment comes from managers and fellow employees. While it may be uncomfortable, you typically know you can go to HR and report the incident without issue. However, what happens if the person sexually harassing you is a customer or client? Luckily, you can still take action because your employer has a responsibility to provide a work environment free from sexual harassment, and that includes ensuring you aren't being harassed by clients and customers, but the employer is likely only legally liable if it has notice of the problem and puts you in a dangerous situation with that specific customer or client in the future.

If a customer does sexually harass you, report it immediately, so your employer can demand them to act appropriately. If they continue to harass you or other employers, ideally, your company will terminate the relationship (but the company has no obligation to do so). If you want to continue working with the client for any reason, such as to make a sale or get a bonus, you can help prevent unwanted comments and advances by asking another employee to always meet the client with you.

Sexual harassment is a real issue, and while it is more commonly associated with women, men can be sexually harassed at work too. Regardless of your sex or gender identity, sexual harassment can make you feel self-conscious and afraid to go to work, especially if it turns the entire workplace into a hostile work environment. Luckily, sexual harassment from anyone at work is not allowed, and you can take action. If you would like to know more, contact us at the Offices of Allen D. Arnold, Attorney at Law today.

5 Major Components of a Severance Package

Wed, 29 Sep 2021 07:13:53 GMT

Do you expect to negotiate a severance agreement with your employer soon? While a legal agreement of this nature can be intimidating for the average employee, you can successfully negotiate it in your favor. One key to doing so is to understand the key components you can expect to see. Below are five of the most common components of a severance package.

1. Severance Pay

Probably the biggest question on many departing employees' minds is how much their severance pay will be. This should be clearly spelled out, including any accrued from unpaid vacation and sick days, commissions, bonuses, and stock options. Some companies have strict rules regarding how much — if any — additional pay is offered, while other companies allow negotiation. If the monetary terms are vague, the employer may not intend to pay the unpaid vacation and sick days, commissions, bonuses, and stock options. Specificity matters.

2. Benefits Package

After the money component, the benefits package will be a major element of your agreement. This is often the section in which you can do the most negotiation, as it can be less expensive to the company than other concessions. It specifies how long the company will extend benefits like health and life insurance, if there is any employment assistance, and your rights regarding retirement contributions.

If you can negotiate for benefits, look for those that will do you the most good for you, such as extended health insurance until you find a new job. If the employer is terminating the employment relationship, then you should receive a COBRA notice to continue your health insurance benefits.

3. Non-Compete Clause

A non-compete clause is fairly standard in severance packages for key employees. The employer asks the employee to agree not to work for competing businesses, poach clients, or recruit existing employees for a period of time or in a certain geographic area. Be careful that this clause is not too large or vague. Depending on how valuable your services were, you may be able to negotiate significantly on this subject. Alabama has a specific statute governing non-compete clauses.

4. Confidentiality Agreement

The company will generally ask departing employees to agree that they will not spill the employer's secrets. This covers things like confidential material, trade secrets, patents, business processes, customer lists, and product details. If you had access to key information or the company mishandled layoffs, you may find this a useful negotiation point as well because the employer is well motivated to protect itself.

5. Covenant Not to Sue

Finally, the agreement likely ends with you agreeing not to sue your employer for things such as wrongful termination, harassment, or discrimination. While the employer can legally ask you to waive these and other types of rights, they cannot ask you to waive your right to report any crimes or violate labor laws or file Charges or complaints with certain federal administrative agencies.

For many employees, this portion is not a big concern if they've had a standard experience at the company and haven't had problems such as harassment or discrimination. However, if you do have reason to believe you may need to pursue a legal case — due to improper termination or things that happened during your employment — consult an attorney before signing away this right .

If you are over forty (40) years of age, you have twenty-one days to consider the agreement and consult a lawyer prior to signing. Once you sign, you then have seven (7) days to reconsider your decision. However, rescinding the agreement comes with pitfalls and limitations.

Where to Start

Educating yourself is valuable if this is your first severance package negotiation. While your particular severance package will look different from another, it generally has these same key components. By knowing what to look for and what they mean for you, you can successfully navigate this final employment challenge.

Want more help with your severance agreement? Start by meeting with an employment attorney in your state today. They will work with you to ensure your rights are protected and your takeaway is maximized.

Allen D. Arnold Attorney at Law has worked with Alabama employees of all sorts regarding their severance packages and negotiations. We can provide simple services such as reviewing your offer and advising you or more complex work like helping you with negotiations. Call today to make an appointment.

Signs of Gender Discrimination in the Workplace

Mon, 23 Aug 2021 22:04:07 GMT

Gender discrimination in the workplace continues to be a problem. One of the reasons that gender inequity is still pervasive is that it has gotten much more subtle, and employers have learned how to hide any biases they may have. This article will show you what to check for to consider whether you may be a victim of discrimination because of your gender.

Improper Questions at an Interview

Often, you'll be able to discern if you're a victim of gender discrimination based on the questions you're asked during your interview. You also may tell a lot about your potential boss or supervisor from the questions they ask you.

Questions about daycare, marital status, and whether or not you plan to have children should raise red flags. Comments like man up or anything else that says you have to act a certain way to be a team member could be signs of discrimination. Documenting such remarks would be extremely useful if you ever needed to submit a complaint.

Failure to Be Promoted or Considered for Advancements

Suppose you are not considered for promotions or job advancements while being more qualified than your opposite gender competitors. In that case, you may be working for a discriminatory company. Women are the victims of gender discrimination in most cases, as they are frequently denied promotions despite being just as or more competent than their colleagues.

If you examine a company's chain of command, you can often tell if there is a gender imbalance among the employees based on this hierarchy. Obtaining the services of a knowledgeable attorney will assist you in demonstrating potential gender inequity and maybe getting representation if you decide to file a complaint.

Receiving Less Important Assignments

When you've had a long week, a couple of easy assignments are welcome. However, if every project you're given is significantly less than what you're qualified to complete, it's possible that you're being discriminated against because of your gender.

You can't be sure unless you can show that other employees of the opposite gender and with lower qualifications are given more significant assignments than you. If you find yourself in this predicament at work, a gender bias lawsuit with the support of an experienced attorney should suffice.

Receiving Less Pay for the Same Job

While many factors influence how much an employee earns, gender should not be one of them. Employers have found a way to hide their discriminatory nature by paying their employees differently. They may refer to several circumstances requiring different salaries for different employees.

Still, if you are working in the same capacity and for the same amount of time as an employee of the opposite gender and observe that you are paid differently, discrimination based on gender differences may be present.

Response to Widespread Sexual Harassment

How an employer responds to sexual harassment can quickly reveal whether or not they are subtly encouraging gender discrimination. Every employer has a responsibility to take the appropriate measures to guarantee that their workplace is free of harassment.

Failure to carry out these responsibilities demonstrates support for the same. If your employer is unable to carry out their tasks in accordance with the regulations in force, it might be that gender disparity is taking place in your job. If you notice these events at your workplace, it's a good idea to speak with a competent professional who can assist you in finding a solution.

Nobody should be discriminated against because of their gender. If you believe you are being discriminated against by your employer, even in the most subtle manner, contact Allen D. Arnold Attorney at Law for assistance.

Severance Packages — Should You Negotiate for Money or Benefits?

Wed, 28 Jul 2021 17:16:50 GMT

Severance package negotiation can be challenging for many American workers. Not only are many people unfamiliar with how severance packages work, but each agreement is unique to the circumstances.

One common decision that each person must make during each individual negotiation is whether to ask for more money or for more benefits. How can you make the right call for yourself? Discover five important things to know.

1. Money and Most Benefits Are Taxable

First and foremost, keep in mind that cash and many benefits you can receive in any package will be taxable. This includes any severance pay, accrued bonuses, vacation or sick leave pay, and benefits like health insurance or use of company perks. The higher these end up, the more impact they will have on your taxes.

Some employees mitigate tax effects by spreading payments out over multiple weeks, months, or years. Another option is to negotiate for more than you need so you can cover the taxes associated with the benefit. Either way, take the time to understand tax effects before you make a negotiation plan.

2. Not All Benefits Are Taxable

You can get some benefits in a severance agreement that will not result in a tax bill. While these do not usually include monetary payments, they can be valuable.

For instance, a longtime employee who worries about finding a new job may request job placement assistance, resume writing, or a retraining program. You may also negotiate for a larger contribution to nontaxable accounts like your Health Savings Account. And if you do not need the money right away, stock options could boost your severance pay but delay tax issues until you actually need the money.

3. Benefits May End Up Unused

If you decide to negotiate for more benefits, these may or may not be fully utilized. Many agreements, for instance, specify that the company will pay health insurance for up to 6 or 12 months. However, if you get a job in 4 months, will those payments stop? If so, you have lost out on up to 8 months' worth of health benefits. In that case, might cash in hand have been more valuable?

4. Nontangible Benefits Are Free

When most workers think about benefits, they think in terms of things like health insurance or unused vacation days. However, you might want to ensure that you receive a few important nontangible benefits. What are nontangible benefits?

The most common — and often the most important — is a good reference for future employers. What will your former employer say about you? If you worry about getting a good reference, it may behoove you to negotiate for a guarantee in your severance agreement. Similarly, an employee with a reputation in the industry or community to protect might ask for assurances that the company will not disparage them.

Nontangible agreements like this cost the employer nothing, so they can be much easier for anyone to negotiate for. But do not let that simplicity fool you — nontangible things might help you even more than getting cash up front.

5. Professional Guidance Can Help

Obviously, there is no one-size-fits-all answer to the question of how to balance money and benefits in your severance agreement. This is why you need reliable guidance. An employment attorney has experience with all types of severance agreements and can often review your offer and guide you in counteroffers. They will also help you avoid common pitfalls and ensure the agreement benefits you.

The team at Allen D. Arnold Attorney at Law can help Alabama employees. We offer severance package services, including independent reviews and assistance with negotiation. Call today to make an appointment.

The Hiring Process and Potential Lawsuits: Know Your Rights

Tue, 29 Jun 2021 17:17:09 GMT

Finding gainful employment is a critical part of adulthood. Without a good job, it's impossible to pay your bills or support yourself financially. Employers are required to follow a wide variety of laws when it comes to interacting with employees. These laws also extend to potential employees.

Mistakes made by employers during the hiring process can negatively impact your ability to obtain a job. You may have the right to take legal action against an employer who mishandled the hiring process.

Interview questions may signal an illegal motive based on discrimination, and unlawful records checks are all valid reasons to sue an employer that mishandled the hiring process during your application and interview activities.

Illegal Interview Questions

All individuals have a right to medical privacy when it comes to interviewing for an available work position. The law prohibits employers from asking certain types of questions during the interview process to protect this right to privacy.

Employers cannot ask potential employees about their current or past health issues. An applicant with a disability cannot be asked questions about that disability.

Any questions that are related to a potential employee's ethnicity are also prohibited. If a woman is asked if she currently has children or is planning to have children in the near future, such questions are a signal showing illegal motivation based on a persons’ sex (as mothers are stereotyped as being employees that need more time for child care or more likely to resign in the event of a growing family).

These types of questions are considered intrusive, and your answers could lead to employer discrimination when it comes to making hiring decisions.

If you feel that you have been asked any probative and illegal questions during a job interview, consult with an employment attorney to discuss your options for recourse.

Discrimination

Any type of discrimination in the workplace cannot be tolerated. Discrimination can start before you even apply for an available position.

Employers must use extreme caution when drafting job descriptions that will be posted to the public. Certain phrasing can indicate that discrimination is taking place.

For example, including the word "waitress" in a job description can indicate that the employer wants to hire a female. Describing the perfect candidate as "recently graduated" means the employer is looking to hire someone young.

This type of discrimination can prevent you from being considered for a position that you are otherwise qualified for.

An experienced employment attorney will be able to review job postings for evidence of covert discrimination. If this discrimination exists, you may be able to take legal action against the employer.

Unlawful Records Checks

Employers will want to verify a lot of the information that you have included on a job application. Part of the verification process can include accessing personal records. The types of records that employers are allowed to look at are limited.

A potential employer can contact a former school or university to verify that you have obtained the degrees and certifications listed on your resume. Employers can also pull a copy of an applicant's credit report to verify his or her identity.

A potential employer does not have the right to access a sealed or expunged criminal record or records relating to past workers' compensation claims. Hiring decisions that are based on information found in these unlawfully obtained records can be considered discriminatory.

If you feel that an employer has accessed personal records that are not relevant to the position you have applied for, you may have grounds to file a lawsuit. An attorney experienced in employment law can help you establish a case to present in court.

You have the right to take legal action against not only a current employer, but any potential employer who engages in unlawful behavior during the hiring process.

Asking certain questions that may signal a discriminatory motive and accessing certain records are all unlawful actions an employer could engage in while trying to fill an open position.

Contact Allen D. Arnold Attorney at Law for help if you think you have a lawsuit based on the hiring practices of an employer.

5 Things Salaried Workers Need to Know About Labor Laws

Fri, 28 May 2021 18:29:42 GMT

Are you a salaried employee? While all employees have labor and wage protections, many people working for a set salary may not fully understand how those laws apply to them. To help you make sure you access your rights and understand your responsibilities, here are a few key things to know about labor laws and salary positions.

1. Salaried Employees Are Not Necessarily Exempt

Many people think of salaried employees and exempt employees as the same thing. However, while these two categories are linked, they are not identical. An exempt worker is one who is exempt from mandatory overtime wages once they work beyond the limits set by the federal government. Only salaried workers — not hourly workers (mostly) — can be exempt from overtime rules.

However, to be exempt, that salary position must also pass several other criteria. The position is usually administrative, executive, or professional. Each category is defined by the Fair Labor Standards Act. For instance, an executive salaried position must supervise at least two others to qualify as exempt. Therefore, some salaried workers must still be paid overtime. Each inquiry requires a fact intensive inquiry and analysis to determine if the law is violated.

2. Salaried Employees Have the Same Basic Rights

While you may be exempt from some wage protections like overtime, this doesn't mean you have to put up with everything your employer does. All employees have the right to the same basic work protections. You have the right to a safe workplace and one that is free from harassment or discrimination. And if you exercise any of these rights, your employer cannot target you in a retaliatory or harassing manner.

3. Salaried Employees At Small Businesses May Have Challenges

The Fair Labor Standards Act (FLSA) does have some exceptions for certain businesses — primarily small ones. Generally, FLSA does not apply to businesses that do business in only one state and whose goods and sales don't cross into other states. In addition, the business must have fewer than $500,000 in annual sales. However, small businesses that require employees to use the internet or telephones to interact with out of state customers or run credit card transactions may still be subject to the Fair Labor Standards Act.

If your employer falls into these categories, you should consult with an employment attorney to determine what protections you may still have under other laws (like the Americans with Disabilities Act). The number of employees matters for discrimination laws, but not for wage & hour laws.

4. Salaried Employees Only Have Certain Deductions

Salary-based employees generally may only have their pay deducted in certain circumstances. Their pay, for example, cannot be deducted based on quality or quantity of output. And if the employee is ready and willing to work but there is no work available, they must be paid their standard amount. This is in direct contrast to most hourly workers.

Like all employees, though, you can see deductions for unpaid absences like sick days, unpaid vacation, and personal days. The salaried worker may also see deductions for safety violations and disciplinary suspensions.

5. Salaried Employees Must Receive a Minimum Wage

Paying a worker a set wage no matter what hours they work can benefit employers, but it also must provide a minimum benefit to the employee. To be exempt from overtime, the employee must usually be paid at least $684 per week. This base is designed to account for the possibility of unpaid overtime work.

However, even if the position is not exempt from overtime, it must still result in the equivalent of minimum wage for the expected number of hours. So if the position is 20 hours per week, the salary rate per week must be equal to at least the minimum wage per hour.

Where You Can Learn More

Clearly, salaried workers can be affected by labor laws in many ways. Some employees may be able to seek the full payment of overtime while others cannot. But all employees have the right to protections no matter how they are paid. And all employees have the right to seek redress when their rights are violated.

Do you need help determining if your employer is violating your rights as a salaried employee? Or could you use assistance asserting your rights? Start by consulting with the employment law professionals at Allen D. Arnold Attorney at Law . We will work with you to find the best solution to all your labor law concerns.

5 Factors That Affect How Much Severance Pay You Get

Mon, 10 May 2021 07:02:10 GMT

Severance pay is important for many employees when they are asked to leave their current employer and have to seek work elsewhere. But what factors affect the amount of severance pay you get? Here are five key things that influence severance pay amounts and what they mean for your negotiations.

⦁ The Reason for Layoffs

Companies offer severance packages for two reasons: to bring the employer a benefit or because it's required. If the company must provide severance due to things like union contracts, everyone's chances of higher pay go up. And an employer who is closing a plant, making mass layoffs, or heading off financial problems may also be motivated to increase pay to avoid negative publicity or bad word of mouth.

⦁ The Value of the Employee

Unfortunately, employees who are seen as less of a value to the company will generally receive lower severance pay offers. So if you were a key employee, now is the time to focus on what you did for the company and how you brought financial or other benefits to it. This isn't about sentimentality, though. Your severance pay may represent a fraction of what you did for the company's bottomline.

Even a lower-ranking employee can be valuable though. If you have a large network within a small industry, for instance, you may still be able to provide contacts and avoid reputation damage for your former

employer. These could be valuable commodities during negotiations.

⦁ What You're Willing to Sign Away

If the employer is not legally required to offer severance pay, it usually does so because it wants something in return. So, what does the company want from you and how much of that are you willing to agree to?

If the company wants a noncompete agreement, for example, it will generally start with the most restrictive terms and sweeping time frame. How long are you willing to agree to, over what distance, and within what sectors? The more of your own rights - including things like not suing the company or saying negative things about it - the more you may be offered to compensate.

⦁ Other Benefits in the Package

Salary isn't the only element of a severance package. Don't overlook the value of nonfinancial benefits. Health insurance is a standard component of many severance agreements, and it can be just as valuable (or even more so) than straight salary or bonuses. Help getting a new job could be another benefit that provides more financial return over the long term than an extra week or two of salary.

⦁ Your Knowledge About Severance

Finally, the employee's understanding of how severance pay works plays a big role in negotiations. When presented with a severance pay offer, some employees may not understand that they have the right to ask for more money or for a different set of benefits. You may not understand what leverage you have over the company. Or you may not be a skilled negotiator.

The best way, then, to boost your chances of negotiating more severance pay is to understand your rights and responsibilities as well as what motivates the employer. This is particularly important if the company is counting on its employees' ignorance of the process to make low or bare-bones offers.

Where to Learn More

If you have received or expect to receive a severance pay offer, take the time to meet with an experienced employment attorney in your state as soon as possible. They can help you assess the company's position and motivation, your own leverage and value, and potentially valuable benefits you may want to seek instead of money.

Allen D. Arnold Attorney at Law has assisted Alabama employees with severance issues for more than 15 years. Call today to make an appointment.

Subtle Signs of Workplace Retaliation

Wed, 14 Apr 2021 20:08:38 GMT

Employers aren't supposed to retaliate against employees who assert their workplace rights. However, some employers do engage in retaliatory actions if they disagree with their employees. Some forms of retaliation, such as demotion or firing, are overt enough. Others are more subtle. Below are some signs of these subtle forms of retaliation.

The Silent Treatment

You should be suspicious if your employer, supervisor, or colleagues suddenly ignore you after a complaint. Isolation or the silent treatment might be a subtle sign of retaliation. Maybe the management has badmouthed you to your colleagues, or your supervisor has decided to squeeze you out of the company via isolation.

The silent treatment can take various forms. Consider a case where an employee makes a sexual harassment claim against their employer. Soon after:

The management leaves the employee out of meetings they used to attend before;
Colleagues who used to take lunch with the employee get too busy during lunch;
The employee only hears about networking events in the grapevine or after the events.

You might be the victim of retaliation if you are such an employee.

Unusual Shift Change

Typically, companies that operate in shifts switch things up for employees now and then. The reassignment makes sense since some shifts are more tiresome, dangerous, or inconvenient for employees. Therefore, mere reassignment does not equal retaliatory tactics.

However, you should be suspicious if you suddenly get all the worst possible shifts after a complaint. Maybe the supervisor used to switch things up every two weeks, but you have been doing the graveyard shift for the last month or so.

Reduced Working Hours

An employer can also retaliate against you by reducing your number of working hours. That means reduced pay for those who receive hourly pay. Maybe you are a part-time employee, and your job description does not specify your minimum hours. Alternatively, maybe you have a fixed number of hours plus regular overtime.

Consider a restaurant worker who works 35 hours per week plus regular overtime over the weekends. A short while after making a workers compensation claim, the employer does not schedule the employee for any more overtime hours. In the meantime, the employer schedules all the other employees at the same level l the usual amount of overtime hours.

Denied Opportunities

Many employers provide their employees with career-improvement opportunities. For example, an employer may:

Provide ongoing education for their workers;
Give eligible employees time off for further education, licensing, or recertification;
Hold seminars in relevant fields.

Thus, you should be suspicious if your employer used to provide such opportunities, but they have since stopped. You should especially be concerned if the cessation hasn't affected everyone in the company.

Excessive Micromanagement

People have different management styles. Some prefer a hands-off approach, while others prefer to micromanage every situation as closely as possible. Thus, micromanagement by itself isn't an issue, even if you don't like it.

The problem arises if the micromanagement becomes excessive only after you have raised a workplace complaint. Again, you should be doubly suspicious if you are the only one at the receiving end of the excessive micromanagement.

Excessively Negative Performance Review

For employees who undergo regular performance reviews, an excessively negative review might be a retaliatory sign. Of course, you have to consider the negative review within the existing circumstances. Consider an employee who:

Has always had stellar reviews;
Hasn't changed their work routine or productivity;
Has never experienced any disciplinary actions or warnings.

After the employee testifies in a hearing against their employer, the next performance review returns an excessively negative rating. Such an employee might be the victim of workplace retaliation.

Not every negative experience in the workplace is a sign of retaliation and a lawyer will need to evaluate the totality of the circumstances. You need an experienced lawyer to evaluate the circumstances and help you determine whether your case qualifies as retaliation. Contact Allen D. Arnold Attorney at Law to evaluate your case and determine the possible remedies.

Wage Theft: What Is It and What Can Employees Do?

Wed, 17 Feb 2021 15:52:52 GMT

Have you been a victim of wage theft? Many employees suffer this type of abuse by an employer but may not even be aware of it. And they may have no idea what to do about it if they are aware. What is wage theft? And how can you ensure that you get the compensation you rightfully deserve? Here's what you need to know.

What Is Wage Theft?

Wage theft refers to actions taken by an employer that effectively rob employees of their right to be paid correctly for their actual work.

Such theft takes many forms, and some can be hard to spot. For instance, if an hourly employee goes into work early but is told not to clock in, their employer has stolen their right to compensation. This may be somewhat easy to see. However, if you're asked to travel from the office to a client and aren't paid for travel time, this could also be wage theft — but harder to spot. Additionally, the employer could use a time clock that automatically deducts thirty minutes from your time worked for a meal period – but then not allow you the thirty minutes break.

What Are Some Examples of Wage Theft?

One of the most common areas of wage theft is working off the clock — when the employer knows an employee comes in early or stays late but expects you not to check in outside normal hours. Employees may also be denied actual downtime on breaks or during unpaid lunch hours. Working off the clock often leads to failure to pay legally required overtime pay.

Wage theft can also involve the effective pay rates in a person's paycheck. Tipped employees suffer this if their employer fails to make up the difference between the minimum wage for tipped workers and the normal minimum wage if their tips fail to fill the gap. And young workers may not receive proper adjustments from the youth minimum wage to the normal minimum wage.

Employers are also not allowed to make illegal deductions to worker paychecks — such as passing on costs to employees. And many employers misclassify employees as independent contractors to avoid payroll taxes, workers’ compensation costs, and overtime pay.

What Recourse Do You Have?

If you think that your employer has stolen compensation from you in some way, what can you do about it? First, you should get to know your rights under your state's labor rules and the federal rules, such as the Fair Labor Standards Act. (Just so you know, Alabama’s Legislature has never written any law protecting employees from wage theft: https://labor.alabama.gov/citizen/

Many employees begin by registering a formal complaint with their employer about specific violations of labor law. If your supervisor, for instance, is asking people to work off the clock because the supervisor doesn't want to increase department payroll, the company in general may not even know about the practice.

Complaints to the employer can work in some situations, but they carry their own danger. Many employees worry about retaliation — including termination — for asserting their rights. And if the wage theft is happening throughout the company, complaints to management may not fix the problem. Speak to an attorney before lodging a complaint – how you complaint matters!

Alternatively, you can often report the issue to the Wage & Hour Division of the United States Department of Labor. And regardless of the outcome there, you may have the right to sue for the unpaid compensation and damages in court. Wage theft that's endemic to this employer might even result in a larger case involving many affected employees.

Where Should You Start?

Before you decide how to handle potential wage theft, start by consulting with an employment attorney. You may need to take preparatory action like documenting incidents or notifying your employer before registering complaints with the labor board. An attorney can help you avoid legal pitfalls and prevent things like retaliation or harassment when you do come forward.

Alabama employees can rely on the assistance of Allen D. Arnold Attorney at Law . With more than 16 years' experience, our legal team can help you find the right path to receiving your wages as you deserve them. Call today to make an appointment.

Exempt vs. Non-exempt Employees: What Are the Differences?

Fri, 15 Jan 2021 16:46:48 GMT

You may have heard the terms salaried or wage employee, or exempt and non-exempt employee. Each of these categories refers to how an employee is paid for the number of hours they work. Exempt employees are often not eligible for certain employee protections like overtime. However, an employer cannot simply classify any employee as exempt. You must meet specific criteria for this classification.

See more information about exempt versus non-exempt employees to help you determine whether you were misclassified.

Alabama Labor Laws

Alabama has very few restrictions on wages and hours. The state has no minimum wage and no restrictions on how many hours you can work in a week. Likewise, an employer does not have to give you any breaks. However, even though the state does not impose minimums, employers must still follow federal laws.

This means if you are non-exempt, your employer must pay you overtime when you work more than 40 hours a week. Plus, you must be paid if you work through a designated unpaid break period.

Federal Labor Laws

Generally, employers are required to follow either state or federal laws, whichever is stricter. Since Alabama wage and hour laws are less strict, then federal laws are the guideline for minimum wage and overtime. However, exempt employees are not protected by these laws, so their employer can have such employees work any amount of hours they want without extra pay.

Employers may take advantage of this by designating certain employees as exempt when they are not. However, to be exempt, you must meet some of the definitions or special exemptions listed below.

Definition of Exempt Employees

Exempt employees must pass a duties and salary test. Generally, exempt employees have an executive, supervisory, or technical expertise role in their company. For example, exempt employers meet some, but not all, of these criteria:

⦁ Are paid a specific minimum federal salary per week or year

⦁ Manage at least two employees and have the ability to hire and fire

⦁ Have authority to make company decisions

⦁ Are science or education professionals with an advanced degree

Additionally, highly compensated employees are exempt if they earn over a certain amount. Likewise, outside sales staff and computer system experts are considered exempt under certain circumstances. The employer still must meet certain minimum salaries and work conditions in order to justify the exemption. The burden is on the employer to prove the exemption.

Definition of Non-Exempt Employees

Most other occupations are usually considered non-exempt. Some employers may claim you are exempt because they gave you a manager or supervisor title. However, even if you have supervisory duties, you are still non-exempt. You must meet other supervisory exemption rules, such as the ability to control who works there, the ability to terminate employees, and the ability to discipline employees.

An employer also cannot claim you are exempt because you are frequently left in charge of the business, or he or she needs you to be on call. They also cannot claim you are exempt simply because they pay you over the minimum salary amount. The exemption rules are very specific.

Special Occupational Exemptions

Some occupations are excluded from federal wage and overtime laws even if they don't meet the federal minimum wage and hour laws. Here are a few examples of special exemptions:

⦁ Farmworkers

⦁ Independent contractors

⦁ Truck drivers

⦁ Employees under certain union contracts

Employers are not allowed to classify you as an exempt employee simply because they say so. Your employer must follow strict federal laws to put you in this classification. If they don't, then they face penalties. If you were misclassified, your employer may owe you overtime and other back pay.

Contact Allen D. Arnold Attorney at Law if you think you may have been misclassified and your employer refuses to compensate you for earned wages.

Legal and Illegal Overtime

Wed, 16 Dec 2020 23:04:04 GMT

You've probably had to stay after your usual work hours to wrap up a project or take care of a last-minute request. On the other hand, maybe you've gotten in trouble with a supervisor for working too many hours and costing your company overtime pay.

You may have wondered if what they're asking you to do, or not to do, is legal, and you want to know what federal overtime regulations look like and if you’re receiving fair treatment.

Overtime Payment

As an employee, the Fair Labor Standards Act ensures that you will receive overtime pay after 40 work hours within one workweek. Federally, that assures you get one and a half times your usual rate for any time past that limit. In states that have additional overtime laws, your employer is bound to whichever standard is higher, which means you should get no less than federal overtime pay. Please note that Alabama has no laws governing minimum wage or overtime wage payments.

Overtime Exceptions (also known as Overtime Exemptions)

A few jobs have federal exemptions to the overtime requirements because the nature of the job doesn't meet standard guidelines. Certain professions have specialized overtime payment systems. Among these are:

police officers
firefighters
hospital staff
nursing home staff

Additionally, large groups of employees are exempt from federal and state wage and hour laws, which means that you may have to continue searching for the legal grounds for your dispute if you think you are not receiving fair pay. Generally among these exceptions are:

administrative employees
executive employees
public sector employees
independent contractors
seasonal amusement or recreational workers
workers covered by collective bargaining agreements
farmworkers

Each state may have its own list of exemptions and salary thresholds that will allow them to make arrangements without worrying about the federal requirements. However, in Alabama, there are no specific exemptions made part of the Alabama Code. If your job falls into one of these categories, you'll likely have to find other legal avenues to pursue to get your fair wages for the overtime you've worked.

Overtime Penalties

If your employer doesn't give you the overtime pay for the time you work, and your job doesn't fall under any of the exemptions in your state, you would be wise to pursue compensation for that time. Depending on the state, the penalties your employer could undergo could vary from changes in employment practices to reduce unlawful overtime, to paying back double the wages you lost.

Enforcement of the federal standards on individual employers can be a time-consuming and tedious process. However, if you have representation willing to fight through it with you, it can be well worth your time. Make your decision quickly, though; if the statute of limitations, different in every state, runs out before you file, you won't be able to get the overtime pay that you deserve. The federal statute of limitations is two years prior to the date the lawsuit is filed. So do not delay in contacting an attorney.

How do I pay an attorney? The legal fees will cost more than the unpaid wages.

Good news! Congress understood that the majority of employees do not have the financial resources to afford a long expensive legal battle. If you pursue a case, your attorney earns his fee through the fee-shifting provision of the Fair Labor Standards Act – meaning if you win your case, the employer must pay your attorneys’ earned fees.

If you think you have grounds for a legal dispute with your employer, don't hesitate. Call Allen D. Arnold Attorney at Law , a lawyer whose practice focuses on providing aggressive employee representation, including wage & hour disputes. Allen D. Arnold has represented thousands of employees in approximately 200+ overtime lawsuits. Get in touch today to have the peace of mind that comes from working with an experienced attorney, knowing that you have someone on your side with experience and care for your best interests.

What Is a Hostile Work Environment?

Wed, 18 Nov 2020 12:27:40 GMT

Under state and federal law, harassment is considered a type of illegal discrimination when it is based on a protected class status. If you are being harassed at work, you may be entitled to compensation against your employer. However, before you can establish your right to compensation, you must show that several legal elements apply to your situation.

Learn more about hostile work environments below.

Establish Pervasive or Severe Conduct

To have an actionable claim, you must show that the harassing behavior is pervasive or severe enough that a reasonable person would consider the working environment to be hostile or otherwise abusive.

Pervasive means that it is repetitive in nature while severe means that it is sufficiently harsh to justify the complaint, even if there was only a single act of hostile behavior.

The U.S. Equal Employment Opportunity Commission (EEOC) outlines the many forms that this illegal conduct can take, such as making offensive jokes or using racial slurs.

However, the EEOC notes that some behaviors do not rise to the level of a hostile environment unless they are extremely serious.

Therefore, you must be able to show that the conduct was either very severe or that it occurred so frequently that it created a hostile work environment.

Present Compelling Evidence

You must be able to show that you were specifically offended by this conduct, and a reasonable person in the same situation would have been offended by it, too.

Some examples of evidence that may help you establish your hostile work environment claim include:

Emails, memos, or other written forms of communication that include the offensive language or conduct
Journal entries where you have recorded specific instances of harassment
Testimony from coworkers or other people who witnessed the conduct

An employment lawyer can evaluate the evidence that supports your claim.

Prove Protected Class Status

You must also be able to show that the harassing conduct was based on a protected class status. The EEOC states that federal law prohibits discrimination or harassment on the basis of a person's:

Race
Color
Religion
National origin
Sex
Pregnancy
Age, if 40 or older
Disability
Genetic information

Harassment is also illegal if it occurs because a worker filed a discrimination charge or otherwise participated in a workplace investigation, proceeding, or legal claim that alleged discrimination.

On the state level, only age discrimination is a protected status that is also enforced on the federal level. (If you are offended by this, contact your State House Representative or State Senator and demand that Alabama finally pass a State Civil Rights Act). You may enforce some protections if a retaliatory hostile work environment occurs after you file a claim for workers compensation benefits.

To establish this element of a hostile environment claim, you will need to have direct or very persuasive circumstantial evidence of the connection between the harassing conduct that created a hostile work environment and this protected status or a strong inference of it.

For example, if you were fired shortly after the incident, this may establish an inference that the incident led to your firing. An employment lawyer can help evaluate this evidence.

Show Your Employer Had Knowledge

Finally, you must prove that your employer was aware of the harassing conduct that created a hostile work environment. The person creating the hostile work environment does not have to be the employer. You may have a legal claim if a co-worker or, in some circumstances, a non-employee committed the offensive conduct.

Contact an Employment Lawyer

If you believe that you have been subjected to a hostile working environment or you recently left such an environment, contact an experienced employment discrimination lawyer who can evaluate your claim.

What's the Difference Between an Employee and Contractor?

Tue, 20 Oct 2020 20:21:31 GMT

When a company hires you to perform a service, you may forget to ask about the classification of your role within the company. But your classification can influence what tasks you're expected to perform, what costs you're personally responsible for, and what your employer is responsible for giving you.

Do you think you're losing some benefits, coverage, or pay because of your employee classification? Keep reading to learn about the difference between an employee and a contractor and what difference it makes to you.

What Makes an Employee Unique?

An employee is under a lot of restrictions that independent contractors do not face. For example, employers have the right to dictate when and where an employee works and how they accomplish their tasks. Employers also usually agree on a salary or hourly rate for the work an employee performs, and the timeframe is understood by both sides to be indefinite until something changes.

In certain situations, the government does entitle employees to certain benefits, such as insurance and vacation or sick days. However, the main issue in classifying a worker as an employee is that it puts financial accountability onto the employer, who will have to calculate and withhold taxes from each paycheck. Employers also agree to pay part of those taxes.

What Makes a Contractor Unique?

Contractors enjoy more freedom for their work, but with strings attached. Employers only control each project's result and usually do not dictate how, when, or where the contractor works, save general guidelines and deadlines. The contractor's expenses are their own, with no reimbursement, and they work for and earn money by the projects they complete, not the time they use to do so.

Contractors are responsible for their own taxes as well, so they may have more paperwork to complete than employees in that regard. The IRS considers contractors to be self-employed, which incurs higher tax rates than an employee will experience. A contractor also does not receive employee benefits like vacation time, insurance coverage, or severance pay.

Why Does This Difference Matter?

Suppose your employer misclassifies you as an independent contractor rather than an employee. In that case, they may be able to use their resources in other places rather than pay their share of income taxes. Alternatively, if they misclassify you as an employee rather than an independent contractor, they'll have the power to dictate your work when they should only have control over the results.

An employer may not be trying to get around the law when they misclassify their employees. Instead, the business managers may be looking for ways to redirect the company's resources or get further ahead in other areas. Sadly, low-tier workers often lose the benefits they deserve when their employers take these measures, and they have to seek legal action against a company they work for to get their rightful benefits back.

One of the most common problem is that employers misclassifies people as independent contractors to avoid paying overtime compensation! If this employer dictates a large amount of control over your working environment, you may be misclassified and may entitled to overtime compensation.

If you think that your employer has misclassified you, you can take steps to correct this issue. The IRS provides tools on their website to help you determine your classification, and they may be able to rectify the problem with your company. However, you may have to get legal help to receive the compensation you deserve, even if your employer receives disciplinary measures.

If you need legal representation to fight to get you the compensation you seek for all of your workplace disputes and wrongful actions by your employer, then contact Allen D. Arnold Attorney at Law . Our law firm focuses on employer/employee conflicts, and we will work for you to find a satisfactory solution. Get in touch today to solve your workplace classification problems.

What to Know About Severance Packages

Wed, 16 Sep 2020 20:26:37 GMT

Unfortunately, layoffs can occur at any time for many reasons. Due to economic and health conditions, employees in 2020 and 2021 are more likely to see layoffs than they have been for many years.

When being laid off, many workers wonder if they will receive severance packages to help compensate them. Like many aspects of company layoffs, the answer depends on your state, your situation, and your company. Discover a few answers to the most common questions employees have about a severance offer.

Am I Guaranteed a Severance Package?

Sadly, most employees are not guaranteed a severance package. Federal law doesn't generally require payment beyond your worked hours. Exceptions occur in certain situations, though. Your state may have rules regarding severance. In addition, union agreements or written company policies may mandate it. And if you're part of a mass layoff with no warning, the company may have to offer compensation.

Beyond these mandated severance packages, you are also more likely to receive an offer if you had a management or supervisory position. And if the company will be better off after these job cuts, they are in a better position to offer financial compensation.

What's Offered In a Severance Package?

Severance packages vary widely based on the employee and what type of layoff occurs. But they do have a number of common elements. First, you would be offered additional pay of some amount. One typical calculation is a certain number of weeks' pay for each year of employment. However, company policy may specify how severance pay is handled across the board.

Another common feature is the extension of health insurance. Employers must generally extend COBRA health insurance benefits to terminated employees, so there will be instructions and amounts to buy this. If the company agrees to subsidize insurance for a period of time, this will be detailed as well.

Finally, some severance offers include other financial or non-financial assistance for the laid-off employee. This may include retraining opportunities or outplacement services to help you find a job. The company may extend other benefits, like life insurance, for a time. And if you have a pension, employer-sponsored retirement plan, or stock purchase plan, the document would discuss what happens to these.

Why Does a Company Offer Severance Packages?

Both the employer and employee get something out of a severance package. Employees usually receive financial benefits and assistance moving on or finding new employment. The employer demonstrates their commitment to employees even when a layoff was unavoidable. They may also ask you to sign a general release of all potential claims (i.e. you cannot bring a lawsuit even if you learn about illegal behavior after you sign) confidentiality agreement or a non-compete clause that protects their interests in return for compensation.

Can You Negotiate a Severance Package?

It is possible to negotiate your severance offer, but that often depends on the facts leading up to your layoff. Some companies have written policies, though, that make negotiating more difficult. You're more likely to have success negotiating if your role in the company was valuable or sensitive or if company policies on the matter are nonexistent or not applied impartially.

For the best analysis of your severance package, you should consider retaining an employment attorney. They will aid you in finding your priorities — such as getting paid health insurance — and focusing negotiations on these. Whether you negotiate for a lot or a little, have a lawyer look over the agreement before you sign to ensure you know exactly what you're agreeing to. Sometimes your company might even pay the consultation fee.

Where Can You Learn More?

If you believe you will get a severance offer or that you may have a right to one, your first stop should be to meet with a qualified employment attorney in your state. Allen D. Arnold Attorney at Law can help. We have extensive experience with severance agreements of all types. Call today to make an appointment for a consultation.

Frequently Asked Questions About Pregnancy Discrimination

Wed, 19 Aug 2020 19:12:36 GMT

Which Law Protects Pregnant Workers Against Discrimination?

How Does Pregnancy Discrimination Manifest Itself?

When Does Harassment Count as Pregnancy Discrimination?

What Other Kinds of Discrimination Relate to Parenthood?

How Can You Fight Back Against Pregnancy Discrimination?

Steps to Take If You Suspect Wrongful Termination

Wed, 22 Jul 2020 12:40:21 GMT

Although the state of Alabama follows at-will employment laws, employers can still be guilty of wrongful termination under certain circumstances. If you have recently lost your job, you may wonder whether your job termination falls under these circumstances. Below are some steps to take if you suspect wrongful termination.

Don't Retaliate or Vent

Resist the urge to retaliate against your employer. First, your actions might get you in legal trouble. Don’t tweet or post any informatory comments about your employer on social media or a message board. Secondly, you shouldn't do anything that might cast you in a bad light if you file a wrongful dismissal case. Everything and anything can come up during the lawsuit, including your actions after the dismissal.

Follow your employer's post-employment procedures. Return any company property, such as a car, badge, or laptop. Ask for a signed receipt or have a favorable witness present when you return the material. Two wrongs don't make a right.

Understand Reason for Firing

You should know the reason for your dismissal. The reason for the dismissal determines whether you have a wrongful termination case or not. Ideally, your dismissal letter should provide this reason. If not, contact your supervisor, employer, human resources, or any other relevant party with the information.

For example, you might not have a case if your boss terminated you because you were late too many times. However, you may have a case if others employees were late just an many (or more) times than you and those employees still have their job – or – you have a case if your boss fired you because you filed a worker's compensation claim after he or she warned you not to do it.

Review Your Contract

If you have an employment contract, review it for signs of a breach. Employment contracts typically stipulate the conditions for job termination. Find out whether you have an at-will contract, which allows the employer to release you at any time. If you are not an at-will employee, find out if your employer breached the contract. The company handbook is not a contract, but it is important piece of evidence so do not throw it away.

Review Applicable Laws

You should also review the rules relevant to your situation. Specifically, you should review:

Your employer's hiring and firing rules
Your employer's disciplinary measures
The state's employment laws
Federal Employment Laws

Contact an attorney to review these laws and regulations to help you assess the legality of your employer's action. Otherwise, you might instigate a wrongful termination claim where none exists.

Gather Evidence

Start to gather evidence as soon as possible. Don't let anyone know that you plan to file a wrongful termination claim. An employer in the wrong might interfere with your evidence collection if they know your plans. Here are a few tips to help you collect and preserve evidence:

Save all letters and documents, both hard and soft copies, from your employer
Get a notebook and record all your communications with your employer
Make copies of past documents with warnings or disciplinary actions
Think about your co-workers and their conduct– at its core, employment law is often about supervisors fairly applying the rules

Even as you gather evidence, don't take anything that belongs to your employer without permission. For example, never sneak or take sensitive information from your workplace — that might get you into trouble that is far worse than losing your job.

Many people find employment law complicated. Don't decide anything before you consult an employment lawyer. Allen D. Arnold Attorney at Law has a wealth of experience with employment law and practices in Alabama. Contact us for a consultation so that we can review the circumstances of your termination and advise you on the best way forward.

Understanding the Supreme Court's Decision on LGBTQ Workplace Rights

Fri, 26 Jun 2020 13:17:58 GMT

On June 15, 2020, the United States Supreme Court ruled that existing federal law prohibiting employers from discriminating based on sex does cover LGBTQ workers. The ruling states unequivocally that the nation's premier employment civil rights law bars, not just discrimination based on biological gender, but also discrimination based on gender identity and sexual orientation.

The 6–3 ruling disposed of three separate cases:

Bostock v. Clayton County: A Georgia county employee fired for being gay.
Altitude Express v. Zarda: A skydiving instruction also fired because he was gay.
R.G. & G.R. Harris Funeral Homes v. EEOC: A trans woman fired because of her gender identity.

Before this ruling, federal protections for LGBTQ workers who were discriminated against on the basis of their sexual orientation or gender identity were dubious at best, and comprised only of a patchwork of state, county, local, and individual policies.

What Type of Employer Actions Does This Decision Cover?

All three cases decided by the Supreme Court involved unlawful termination under Title VII of the Civil Rights Act of 1964, which prohibits discrimination "based on sex." But according to the U.S. Equal Employment Opportunity Commission (EEOC), the federal entity charged with enforcing civil rights laws in the workplace, illegal discrimination includes more than unfair firing. It also covers:

Any unequal treatment based on sexual orientation or gender identification, for example, offering better health benefits to non-trans workers
Harassment of LGBTQ workers, making the workplace a hostile environment because of who they are
Failure to hire based on sexual orientation or gender identification or unfair treatment of LGBTQ workers in promotions and determining salaries
Retaliation against LGBTQ workers because they bring or participate in a job discrimination proceeding

Are There Exceptions?

Companies with less than 15 employees are exempt from Title VII strictures, as are some religious institutions. The rules governing these exceptions are complex, and it would be wise to consult a lawyer to help you decide whether you have a case.

What Should I Do If I'm an LGBTQ Worker Who Has Been Discriminated Against?

Filing a claim with the EEOC is the first step in any case under Title VII. In fact, you can't bring a lawsuit in federal court until you've gone through the EEOC process, which has strict deadlines. Most claims need to be brought before the EEOC within 180 days of the discrimination taking place, but it does depend on several factors.

as soon as you experience discriminatory treatment, consult a lawyer with experience in workplace cases and seek help before navigating the EEOC process.

Why Are These Decisions Such a Big Deal?

Up until now, LGBTQ workers had to rely on state and local laws or progressive companies' policies for basic civil rights protections in the workplace. In states like Alabama, where there is no state law prohibiting discrimination based on gender identity or sexual orientation, LGBTQ workers could not, until the recent decision, take their discrimination cases to federal court.

Furthermore, there are a number of different federal statutes prohibiting discrimination based on sex in other areas, like health care, military service, housing, and education. Now that the Supreme Court has determined that that "sex" means not just biological sex but sexual orientation and gender identity as well, those other laws should provide much-needed new protections for the LGBTQ community.

If you are interested in learning more about how the Supreme Court's recent decision might affect you, or if you think you've been discriminated against because of your gender, gender identity, or sexual orientation, we'd love to talk to you. Call us at Allen D. Arnold Attorney at Law and make an appointment for a consultation.

Signs You Were Unlawfully Discharged From Your Job

Mon, 18 May 2020 19:52:52 GMT

Studies have estimated that at least 150,000 employees are wrongfully discharged from their work each year in the US. If you've recently been fired and are concerned that your discharge might have been illegal, this statistic shows that your termination may have broken the law. Below are five red flags that point to the possibility that your employer was not within their rights to discharge you.

You Were Vocal About Workplace or Labor Issues and Rights

The National Labor Relations Act prohibits employers from threatening, reprimanding, or discharging workers for exercising their labor rights. This may include asking for safer working conditions, discussing wages with colleagues, or participating in concerted legal activities such as strikes. The act protects all employees regardless of whether they are part of a trade union or not.

If you believe that your boss fired you because of this reason, you can pursue a wrongful discharge suit.

There Were Signs of Discrimination Before They Let You Go

Under workplace discrimination laws, employers cannot terminate workers because of their gender, religion, impairment, age, or ethnicity. The law also forbids employers from dismissing workers because of a health condition or pregnancy. Workplace discrimination offers sufficient grounds for a court case.

In some parts of the United States, employees cannot be terminated because of their sexual orientation or gender identity status, but know that issue is before the United States Supreme Court and there is no telling which way the Court will rule.

There's Evidence of Breach of Good Faith

It's against the law to fire staff to prevent them from getting certain types of sales commission. This is referred to as a breach of good faith. Alabama has a Wholesale Commissions’ statute. Just know that law is tricky and requires a deep dive into the nature of the products you sold, to whom uses the products, and how the State taxes those products.

Your Boss or HR Manager Retaliated Against You

If an employee formally files a complaint alleging discrimination, uses FMLA, or seeking overtime pay, and gets fired for doing so, this is referred to as retaliation, and it's illegal. A workplace complaint becomes formal when it's submitted to the company's management team or a regulatory organization such as the National Labor Relations Board or the Equal Employment Opportunity Commission. The same applies if an employee who is a witness in an internal investigation or a whistle-blower. Informal complaints are also protected, but its best you have submitted that Complaint in writing and retained a copy.

You Underwent a Genetic Test Just Before You Were Discharged

If your former company introduced genetic screening to their recruitment process and used the genetic information to make employment decisions, they may have dismissed you because of your genetic makeup.

The use of genetic test technologies to screen and evaluate employees and job candidates is unlawful under the Genetic Information Non-discrimination Act. You can sue the organization for wrongful dismissal and get compensated.

What to Do If You Believe Your Firing Was Unlawful

If you believe or even suspect that you were fired because of the reasons highlighted above or any other illegal reason, you should consult an attorney to see if he or she can pursue a wrongful discharge lawsuit on your behalf and recover compensation. But filing a wrongful discharge complaint can be a complex and confusing process. You should hire an employment law attorney to help you navigate the demanding process.

Make sure the attorney is competent, reputable, and has an excellent track record. Work with a lawyer who understands workplace and employment law. A skilled employment law attorney can help you seek compensation for lost wages and benefits and any other damages you may have incurred. If you want your old job back, an employment law attorney may help you come up with a strategy to force your employer to rehire you.

Let Our Skilled and Reputable Lawyers Help You

Do you have any questions about employment law? We'll be happy to answer it. If you believe you were a victim of workplace harassment, discrimination, or intimidation from your current, former, or prospective company, I can help you file formal complaints and pursue your rights. Contact us right away for a free telephone consultation.

Types of Harassment at Work

Thu, 14 May 2020 22:04:08 GMT

Did you know that about 75 percent of all workplace harassment or discrimination cases are never reported? One of the primary reasons why most workplace harassment victims fail to report the offenders is because they don't know what behaviors qualify as harassment and the steps they should take.

This article will highlight some common types of workplace harassment under the law to help you to identify workplace harassment or discrimination and take action.

Discriminatory Harassment

This discriminatory workplace behavior involves treating an individual unequally or unfavorably because of their skin color, ancestry, gender, origin, age, religion, disability, or (depending on your State) sexual orientation. Perpetrators typically express it through threats, violence, derogatory jokes, or offensive verbal or written comments.

Discriminatory harassment can also occur in more subtle ways, such as the benefits workers receive, the type of tasks they are assigned, and the way their productivity is judged and rewarded. Discriminatory harassment may also occur during the hiring process where qualified individuals are not hired due to their gender, skin color, religion, or sexual orientation, among other factors.

Workplace Violence

Violence in the workplace, sometimes referred to as physical discrimination or intimidation, is a form of discrimination that involves aggressive, violent, or threatening behavior such as hitting, shoving, and kicking. Workplace violence can also include destroying property to intimidate the victim and verbal abuse. Workplace violence needs to be related to a discriminatory practice in order to be actionable in a Court of law.

Sexual Harassment

As the name suggests, sexual harassment refers to any form of intimidation that involves unwanted sexual conduct, behavior, or advances. There are the three types of sexual harassment.

Physical Sexual Harassment

This form of sexual harassment involves physical contact, and it can take the form of unwanted touching. For example, touching someone sexually, kissing, stroking, sexual assault, rape, or repeated instances of neck massages would all fall under this category of harassment. This form of sexual harassment may also include stalking, leering looks, and obscene gestures.

Verbal Sexual Harassment

When someone repeatedly uses comments or words that have a sexual connotation, that can be considered sexual harassment. Examples of this type of harassment may include, but are not limited to, making sexual comments about body parts or appearance, catcalling, telling sexual jokes, or spreading rumors about a colleague's sex life.

Visual Sexual Harassment

Besides the verbal and physical form, sexual harassment may also be visual. Visual sexual harassment can be expressed through displaying suggestive sexual visuals and looking a person up and down, among other unwelcomed conduct.

Power Harassment

This type of harassment can also be referred to as abuse of power. It relates to intimidation, threats, or exploitation by someone from a position of authority toward their employees or juniors. People in positions of power such as supervisors or managers can misuse their influence to make their employees’ workplace more hostile.

Cyberbullying

More and more businesses are embracing technology because of convenience, speed, and cost-effectiveness. But apart from the benefits, technology is also exposing employees to workplace cyberbullying. Examples of workplace cyberbullying may include online stalking behaviors, sharing untrue and humiliating things about a coworker, and sending harassing or sexual emails and text messages to the victim. If this happens to you, print or take screenshots of the conduct. Companies have a habit of losing them through “routine maintenance.”

Solutions for Harassment

First things first: get yourself a lawyer. Make sure you pick a lawyer who focuses his or her practice on employee rights & workplace harassment laws. Next, file the appropriate workplace harassment, intimidation, or discriminatory claims through the company’s reporting policy. Workplace harassment or biased claims can be filed against anyone: your coworkers, bosses, supervisors, but usually not against suppliers or customers.

If you have experienced any type of workplace harassment, talk to our workplace harassment and discrimination attorneys about your situation. Workplace harassment can damage the dignity of the victim, exposing them to depression, and other psychological or mental health issues. If you’re facing this situation, our lawyers can help you gather evidence, file claims, protect yourself from the offender, and get the compensation you deserve. Contact us for more details.

Layoff Versus Furlough Versus Termination — What Employees Need to Know

Wed, 22 Apr 2020 19:24:20 GMT

Millions of Americans have experienced an unfortunate side effect of the global pandemic and potential recession: job loss. But the type of job loss you suffer and how you approach it can go a long way toward protecting your employee rights and ensuring a positive outcome.

To help you navigate your own job loss, here are the three common methods of laying off workers and how to protect yourself in each situation.

Furlough

Furlough isn't a term most Americans use regularly, and many people think of it as synonymous with layoffs. Furloughs, though, do have some key differences. A furlough is a mandatory period of suspension from work. The good news is that a furlough is generally expected to have an end date at which the employee would return to their previously held position.

Because furloughs are temporary leaves of absence, the employee can usually retain their benefits — including, importantly during a health crisis, health and life insurance. And the employee has a reasonable expectation that their employment is not over. This can be good if your employer is a business that had to close during stay-at-home orders but will likely return in good shape.

The downside of a furlough is that you may be prohibited from such things as seeking other employment or returning to part-time (or consulting) work. And both unemployment compensation and severance pay may be very unlikely. You may be able to negotiate some additional compensation on your own, though, to make up for these limitations.

Layoff

Unlike furloughs, layoffs can either be temporary or permanent. Many employees can be trapped in limbo during a recession, as the company is not required to set a return date nor to verify if employment will be offered again. A layoff might even end with the offer of a job position unequal to what you had before.

If you face a layoff, talk with the employer about the likelihood of returning to your old position. Ask about whether or not you can seek other employment while laid off. And find out what benefits might be extended and for how long. Layoffs are an uncertain time, so you need to know what you can expect as well as what the employer expects from you.

When employees are recalled to work, take note if you are not recalled and others are because the company may begin recalling employees in a discriminatory manner. We do not know what will happen in the future, but younger workers and men are expected to be recalled to their old jobs and that older workers and women may not receive that phone call!

Termination

Termination is the most serious form of job loss because it is permanent. Most Americans work in what is known as at-will employment — meaning that a person can be terminated at the employer's discretion for legitimate reasons. The loss of business income or a closed facility is a legitimate reason.

If you have been notified of a termination, you do still have some important rights. First, terminations of any kind cannot violate anti-discrimination laws. If your employer takes the coronavirus pandemic as a chance to let go of all their employees over the age of 60, these employees may have a case against discriminatory behavior under the Age Discrimination in Employment Act.

In addition, your employer must follow state and federal laws regarding final pay, benefits, and severance. Depending on your state laws, your paycheck might have to be available within a certain time frame and the employer may have to offer COBRA health insurance options. You may be entitle to severance pay as well, if this is either mandated by the state or customary with the employer. In Alabama, there is no right to severance.

Terminated employees should consult with an employment attorney to handle any severance package negotiations. Professional assistance helps you avoid signing any severance agreements that are not in your best interests, secure the best compensation package possible, and ensure that you can seek equal employment elsewhere.

No matter what type of job loss you face, one key to managing it well is to understand your rights and responsibilities as a result. Want to know more about your particular job-loss situation? Consult with Allen D. Arnold Attorney at Law today.

Hostile Work Environment? 5 Tips for Preparing a Written Grievance

Thu, 16 Apr 2020 14:16:50 GMT

Confronting and resolving a hostile work environment is one of the most challenging things many employees have to deal with. After all, if you like your job or your company, or simply have a family to feed and bills to pay, you may worry about everything from confronting your boss to losing your job. And one crucial aspect of most paths toward resolution is giving a written grievance to your employer.

How should you approach the written complaint to ensure the best outcome? Here are five key tips.

1. Research the Process

Start by researching any rules or guidelines within your company on the subject of written grievance processes. Look for guidance in the employee handbook, hiring documentation, employee portal, and mandatory signage posted at your workplace. If covered by a union, consult the union for direction on their guidelines and requirements.

Internal procedures are different at each company, so it's important to follow the rules laid out by yours. Some companies may require you to address the complaint with a supervisor before contacting Human Resources, for example, whereas others might work through HR for all grievances. If the company uses a “1-800” telephone hotline, remember that the associate is trained to take down your comments in a way that looks poorly on you and helps the company – request a fax number and send in a written complaint!

2. Work With an Attorney

A legal professional will help you avoid mistakes when formulating, responding to, or discussing your grievance. Accurate wording and following the rules is important in written documentation if you need to pursue further legal action. Even, for instance, failure to name whom the complaint is addressed to could give the employer room to argue that they were not aware of certain allegations.

3. Be Professional

Emotions are often charged when a person works in a hostile environment. A grievance, though, is much more likely to be taken seriously if it is made with a relatively calm demeanor. This doesn't mean that you should downplay how the harassment or discriminatory behavior makes you feel. But it does mean that you should work to find the right words to express yourself.

You might, for instance, start the letter by expressing how much you've enjoyed working for this company or how your position stimulates you, but make sure you say in the same sentence that the experience has deteriorated. This lets the company know that you aren't here just to cause trouble and you need help fixing a problem. Then, explain how the current situation has robbed you of that enjoyment and how you want to return to a positive work relationship with your employer.

4. Detail Your Complaint

Before drafting a formal, written complaint, you should have amassed detailed evidence. Details would include things like the dates and times of incidents, names of witnesses, specific descriptions of what happened and who was involved, and any response by management or supervisors. Like the old TV show Dragnet, “Just the facts!”

Of course, you probably have too much documentation for a single letter, so you may need to find a focus for this particular step. You might include only the most egregious incidents or create a clear timeline showing how long it has been going on, for example. Work with your attorney to determine which details and incidents to include in order to bolster your case.

5. Request a Meeting

The written documentation is only one part of the puzzle as you get the situation resolved. You should also request a follow-up in person. Even if this is difficult for you, a person-to-person meeting is an additional opportunity to prove your case or provide further details. It also shows that you take this seriously and will follow through with whatever is necessary. Alabama is a “one-consent” recording state, meaning you may record conversations you are a part of without telling the other side. (However, NEVER record other conversations that you are not a part of).

Want help with your written grievance? Start by consulting with the employment law professionals at Allen D. Arnold Attorney at Law . We can help you successfully navigate this process and any other steps you need to take in order to resolve your hostile work environment. Call today to make an appointment.

Reporting Sexual Harassment: 7 Tips to Strengthen Your Case

Mon, 13 Apr 2020 13:46:51 GMT

Sexual harassment is a hot-button workplace issue that has gotten more attention recently due to the #metoo movement. If you have been dealing with sexual harassment at your workplace, you don't have to accept it : you can speak up to both improve your professional life and avoid putting your job in jeopardy. Any form of harassment in the workplace is unacceptable, but sexual harassment can be especially devastating and frightening for employees.

The way you report sexual harassment is going to have an important impact on the outcome of the issue. While sexual harassment is always the fault of the harasser, you'll have greater chances of success if you follow these six tips when you report the harassment.

1. Tell the Individual to Stop When Possible

If you express that the way you're treated is unwanted to the person harassing you, you strengthen your claim against them. However, you do not have to confront your harasser directly, especially if you feel unsafe.

If you don't feel comfortable communicating directly with the individual, you should consult the company’s E.E.O.C. and/or Sexual Harassment Policy and follow the reporting directions. A Court may hold it against you for failure to report your complaints according to the company’s policy. If the person doing the harassing is the person you should report the problem too then go up the chain of command by one step.

2. Stay as Calm as Possible

Even though you may be upset over the issue, which is a common and reasonable reaction, be as calm as you can while reporting the issue. Prepare in advance to report the issue and make sure you've thought about everything you intend to say. Report what the harasser did to you, then tell the company how the harasser made you feel (In That Order). Make your report in writing (or email) and create the paper trail! Keep copies of your written complaints!

3. Avoid Making Excuses for the Harasser

Never make excuses for the person harassing you, like telling your supervisor when you report the behavior that you're sure he or she means well or its “locker room talk.”. (And yes, women harass men and same-sex sexual harassment is also against the law). Regardless of offensive employee’s intentions, the behavior needs to stop.

Your company should ensure that interactions between employees do not violate workplace standards. Never make excuses for your co-workers or colleagues when they violate these standards.

4. Be Aware of EEOC Guidelines

The Equal Employment Opportunity Commission is responsible for enforcing laws prohibiting workplace discrimination in the form of sexual harassment.

Familiarizing yourself with EEOC guidelines will inform you regarding your rights and what expectations you can have regarding the behavior of your employer and co-workers. Or better yet, call an attorney that focuses on employee rights!

5. Report Incidents Immediately

If you report harassment long after the fact, you haven't done anything wrong, and your employer should still take your complaint seriously. However, you have a better chance of succeeding if you report the harassing conduct right away. This will help your company perform its investigation while the incident is fresh.

Submit your complaint in writing! Keep copies of your written complaints! (I have said that twice because it is so important). Memories about conversations do change, but words on paper or in an email do not change. Report what the harasser did to you, then inform the company how the harasser made you feel (In That Order).

6. Identify Possible Witnesses

Having witnesses to back up your claims can strengthen your claim. For example, if a coworker witnessed your harasser making demeaning remarks to you, they can support your claim. In Alabama, you can record the witness’ statement and you should do so if you do not trust them to be honest about what happened.

Think back to the incidents you're reporting and identify potential witnesses. Give the person you report the harassment to the names of the witnesses when you make your report.

7. Don't Give Up Quickly

Unfortunately, some companies do not respond as promptly or as adequately as they should to sexual harassment problems. This doesn't mean that you have to withdraw your complaint or leave your job. Instead, it may be time to call in a professional to ensure your employer complies with the law.

If you don't get the serious response that you are legally entitled to when you report sexual harassment at work, find an attorney with experience in employment issues. A lawyer can make sure your company takes you seriously and follows the law, which protects you and your job. Contact Allen D. Arnold Attorney at Law to learn more about your rights in sexual harassment and other employment law issues.

Birmingham, AL Covid-19 Medical Sick Leave, Your Rights

Mon, 23 Mar 2020 17:12:17 GMT

If you struggle with a health condition and need to take a lot of time off to get well, then you may wonder if you might lose your job. Many people are afraid to take time off work because they worry that they will lose their job if they're gone too much.

However, under certain circumstances, your employer is restricted from terminating you if you are sick or injured. Here is more information about which Alabama and federal labor laws protect you when you take time off for a medical situation.

You Do Not Have the Right to Paid Sick Leave

Alabama is an at-will state. This means that your employer can terminate you for any reason, but you can also leave a job for any reason. The only way you will get paid sick leave is that if you and your employer agree about it. While many employers do provide sick leave, they are not required by law to do so. Congress is possibly providing COVID-19 outbreak relief and job protections, but as of this blog position, the status of that law is unclear.

You Do Not Have the Right to Time Off

Your employer is not required to give you time off if you are sick except for the reasons mentioned further in this post. That doesn't mean that your employer won't give you time off, but he or she isn't required, by law, to do so.

Your employer may still give you unpaid time off if you follow certain rules. For example, your employer may require you to call in sick before a certain time of day. Or your employer may require a doctor's note to avoid disciplinary action or termination. Failure to comply with employer policy makes it more difficult to pursue a case on your behalf.

You Do Not Have the Right to Keep Your Job

Your employer is not required to keep your job open if you are gone for an extended illness or injury except under certain narrow exceptions. If your absence causes the employer a hardship, then he or she can replace you with another employee.

You Do Have the Right to Family Medical Leave

Under federal and state law, you have the right to take extended time off as part of the Family Medical Leave Act. This law provides you with at least 12 weeks per year of unpaid leave to deal with a pregnancy, serious illness, or to care for a family member with a serious illness. The types of illnesses covered by this law are very specific. A minor illness for a couple of days is usually not covered by the FMLA. An overnight stay in the hospital often is covered. Outpatient surgery requires a mandatory follow-up visit within thirty days.

You Do Have the Right to Workers' Compensation

Under workers' compensation laws, you have the right to take time off for work-related injuries and illnesses as long as you expect to return. Your employer cannot fire you simply for filing a claim. If, after medical evaluation, the doctor has determined that you will be out long term, then the employer also has rights. He or she can legally replace you with another employee, but you will receive compensation.

You Do Have the Right to Disability Accommodations

If you have a documented disability, then you may be allowed to take time off for disability-related treatment under the Americans With Disabilities Act. This act doesn't specifically mention a right to take time off. However, you may be able to make a reasonable accommodation case if you need medical care to help you do your job. Whatever accommodations you ask for must not cause a hardship to your employer. You must ask for the accommodation. The employer can say “no”, but the employer must also propose a reasonable alternative.

You have rights to time off work under certain circumstances. Otherwise, if you can't work things out with your employer in regards to sick leave, and you get fired, then seek legal advice. The law office of Allen D. Arnold Attorney at La w has experience with Alabama labor law and wrongful termination. If you feel that your employer violated your legal rights, then contact our office right away.

Had a Baby? Know Your Rights in the Workplace

Fri, 21 Feb 2020 21:18:59 GMT

Most workers know that their employer can’t discriminate against them when they’re pregnant. But what about the period after having given birth to a baby? Do you have any special rights during the post-partum period of your life? The answer is yes, and here are a few of the ways that you have extra protection after becoming a parent.

1. Unpaid Leave

There is no single provision for paid maternity (or paternity) leave in the United States, but you do have a few options to get your own leave. If you work for an employer that offers paid leave, you may be able to use vacation time or sick time in order to spend some time with your new child. A few employers also go above and beyond by offering their own maternity leave program.

Most employees have the right to use FMLA (Family and Medical Leave Act) rules to take unpaid leave (and sometimes you are forced to use FMLA leave and paid leave simultaneously). To use FMLA, your employer must be subject to FMLA rules (for example, does the company have 50 or more full time employees) and you must qualify (1,250 hours or more in the past twelve months), such as by working for at least a year for this employer. FMLA generally stipulates that your employer must allow up to 12 weeks of unpaid leave to new parents.

2. Breast Pumping

If you need to manage breast milk pumping or lactation issues while at work, your right to do so is guaranteed by the recent Fair Labor Standards Act amendment. In this fairly new statute, employers must generally provide a safe and private location for those who need to pump or breastfeed. This location should be something other than a bathroom, and the protection may be extended up to a year.

Of course, to take advantage of this provision, you will also need breaks in which to do so. Your employer will be required to provide reasonable breaks as they would otherwise do under your terms of employment. And the employer cannot engage in harassment or allow harassment over this issue.

3. Pregnancy-Related Health Problems

As pregnancy progresses, some soon-to-be parents have unusual health issues that need to be accommodated. This might include gestational diabetes, serious morning sickness, or blood pressure changes. But you may still have medical issues after giving birth, and your employer must treat these the way they would other serious medical problems.

Employees who have a temporary disability — whatever the root cause — are protected under the Pregnancy Discrimination Act (ADA) and usually must be allowed reasonable accommodation so long as the same accommodation is provided to non-pregnant individuals. A post-surgical new parent might need accommodations like the ability to sit instead of stand or help with certain tasks.

Written notes from your doctor could be required and the accommodation must be considered reasonable — not a cause of undue hardship to the employer. And, as with FMLA, your employer must be subject to this provision.

4. Future Family Plans

If you are planning or even considering having another baby, you do have some built-in rights long before you actually become pregnant.

The Pregnancy Discrimination Act prohibits employers from discriminating against anyone based on their pregnancy history or future plans. They cannot deny you a job, a promotion, or a raise based solely on the likelihood that you will get pregnant, for instance, or that you already have children. And they cannot allow a hostile work environment based on any pregnancy matters either.

When you understand your rights both before and after giving birth, you can better enjoy this special time in your life. What if you think your rights are being violated? Start by consulting with a workplace attorney in your area. Allen D. Arnold Attorney at Law can help. Call today to schedule an appointment.

Reasonable Accommodation Under the ADA: What You Need to Know

Thu, 13 Feb 2020 21:47:42 GMT

Are you affected by a disability that necessitates some kind of accommodation by your employer? Today's workers have the legal right to expect that their employer will work with them to make basic accommodation that allows both employee and employer to continue their mutually beneficial relationship.

This right, known as reasonable accommodation, is one of the most powerful aspects of the Americans with Disabilities Act (ADA). But what does reasonable accommodation actually mean in the real world? What can you request, and what can you do if your employer does not agree upon the same reasonable accommodations? Here are a few answers.

What Constitutes a Reasonable Accommodation?

You have no cut-and-dried definition of a reasonable accommodation under ADA rules, but guidelines do exist. Basically, the adjustment should allow a qualified employee or candidate to have the same opportunities at the workplace that equally qualified persons do.

For example, a disabled person who needs to sit while doing their job could be easily accommodated with a chair and perform the same duties as those who stand. Similarly, an employee in a wheelchair might simply need a desk that more easily fits their wheelchair. And a vision-impaired employee might be accommodated by having assistance with a particular task or two when these come up.

An accommodation is also reasonable if it doesn't create undue hardship for the employer. In the case of the seated employee, making a small modification to the office doesn't cost the employer much, so it would not be an undue hardship.

However, if an injured employee requested that their normal duties be permanently changed to light duty versions, this could be considered an undue hardship to the employer. A large and expensive office renovation, though, might also cause an undue hardship to a small, struggling business.

How Might You Pursue a Reasonable Accommodation?

Because such accommodations are unique to each person and each position, requesting one is generally a matter of negotiation between employer and employee. As the disabled person, you are in the best position to know what you need in order to do the work for which you were hired.

When preparing your request, note the essential functions of the job and how you can fulfill these with specific alterations. The essential functions of the job are often stated in a job description. Make sure you keep a copy of that job description. You may also want to do some research about costs, installation, or labor involved in making the change. If negotiating for large-scale changes, the employee might demonstrate compromise by offering assistance in making the changes or researching tax credits available for ADA compliance.

The good news is that most accommodations are fairly inexpensive for an employer. A deaf or blind employee might simply need an audio sound or visual cue for a process that other employees don't require. A worker with a chronic condition might need additional breaks to care for their medical needs during the day. Or the employee might need a more flexible schedule than is traditionally expected.

What If Your Employer Fails to Make Accommodation?

In a perfect world, all employers would see the benefit of making reasonable accommodations and would agree with the worker on what those accommodations should be. But in this real world, such a compromise may not happen. If your employer refuses to make what seem to be reasonable changes, you may need to take it a step further to assert your legal rights.

If you believe that your request for covered accommodation is unlikely to be taken seriously, talk to a qualified attorney experienced in workplace issues. Allen D. Arnold Attorney at Law has more than 15 years' experience helping Alabama workers receive fair and equitable treatment from their employers. Call today to make an appointment and assess your case.

Hostile Work Environment? The Pros and Cons of Quitting

Fri, 17 Jan 2020 01:47:23 GMT

When a person faces the pressures of having to work in a hostile work environment day after day, the desire to leave usually mounts. But they may also hold back on this step for fear of making their own situation even worse, financially or legally.

If you're in this unenviable position, how can you decide if you should quit your job or stick it out? There is no right or wrong answer because it all depends on your unique circumstances. But to help you choose the right path, consider these pros and cons.

The Pros of Quitting

The biggest upside to leaving a hostile environment is simply that you don't have to work in it anymore. Suffering in a place where you feel threatened, belittled, mocked, or forced to do things you don't want to is no way to maintain a healthy and stable emotional or mental state. Quitting may have its drawbacks, but this will be one form of immediate relief you can achieve right now.

If you quit your position or employer due to such hostility, you may also still be able to collect unemployment benefits. Generally a person who quits forfeits their right to unemployment benefit payments, but are exceptions that allow you to pursue other legal rights through the EEOC and Federal Court.

This exception is known as constructive discharge. It means that due to the discrimination or harassment the employer was causing (or allowing), they effectively forced you to quit in order to protect yourself. While the employer didn't actually discharge you, it constructively did. You will, of course, need to be able to prove this to the Court’s satisfaction.

The Cons of Quitting

Of course, quitting any job is a big step. It has repercussions that may last for years.

If you don't have another position lined up, quitting may be a financial burden. And even if you can eventually successfully claim unemployment benefits, it will likely take some time. That might add economic troubles to an already stressful situation. One way to resolve this issue and give yourself a new focus is to actively work on lining up a new job and/or aggressively saving money rather than rashly quitting.

Quitting the position can also derail your overall position or career trajectory. What if you like your job, aside from whatever or whoever is causing the harassment? What if you've worked hard to reach this level and will be set back if you leave it? Rather than solve a temporary problem with a permanent solution, you might seek a different answer that will protect your earning power and position.

Finally, leaving your workplace prevents you from compiling further evidence. You might still have access to witnesses of the situation, but you will largely be unable to do things like print out relevant emails, document incidents first-hand, or follow internal company procedures that may address the problem. The smartest move, if you can, is often to wait until you have enough documentation before leaving and ensuring that you made the employer aware of the discriminatory or sexually hostile work environment.

Where to Start

Before you decide either to quit or not to quit, consult with an experienced employment attorney in your area. Good legal representation is vital to successfully build, present, and win your case — no matter whether it's within the company or at court.

Seeking out legal advice, though, should start long before you take any actions that may be permanent. An attorney can help you secure the right documentation, find other corroboration, plan a timeline, and follow the correct steps.

Allen D. Arnold Attorney at Law can help. Call today to make an appointment and learn about the best options according to your specific work situation.

Wrongful Termination in Alabama: Key At-Will Exceptions

websitebuilder@thryv.com — Fri, 20 Dec 2019 03:13:19 GMT

No worker wants to lose their job, especially for an unjustified reason. Wrongful termination is one of the worst things that can happen to an employee.

Alabama adheres to a legal concept regarding employment known as “at-will”. The “at-will” standard means that employers have the right to dismiss an employee just because they want to in most cases.

Although Alabama generally allows employers to dismiss workers for any reason, there are key exceptions, and you can take legal action against your employer if your termination involves one of the following issues.

Contract Breach

A major exception to an employer's ability to dismiss a worker without a legitimate reason is called breach of contract. If you have a written contract with a specific start date and end date with your employer and your termination violates the terms of the contract, you then have cause to pursue legal action.

Time Off

Even in “at-will” employment states, such as Alabama, employers may not terminate workers who take time off from work for certain reasons. Federal law prohibits the dismissal of employees for taking time off from work if the worker leaves for a reason that is protected by government statute.

Military

For instance, a person who must leave work to serve in the military is protected from being dismissed from their job as long as the period of service is five years or less. People who come back to their jobs after serving in the military are also protected from being terminated without good cause for up to one year after they return.

Family and Medical

Federal law protects workers who need to take time off due to medical or family issues if the employer has 50 or more employees. You have the right to 12 weeks off a year when you have a serious medical issue or after the birth of a baby. If you need to care for a family member who was injured while serving in the military, you can take 26 weeks off without losing your job.

Jury Duty

An employer may not terminate you when you leave to perform jury duty. You have the right to full pay while serving on a jury as well as the right to keep your position.

Protected Classes

People who fall under certain categories are protected by federal law from dismissal for a discriminatory reason. An employer may not dismiss a worker because of their race, religion, sex, disability, or national origin. Employers are also prohibited from terminating employees because of pregnancy or because the worker is over 40.

Retaliation

Another key exception to the “at-will” employment standard is retaliation. If you file for workers compensation, for instance, your employer is not allowed to retaliate against you by terminating your employment. The employer may also not fire you for filing a complaint for things such as sexual harassment, opposing discriminatory working conditions, or poor working conditions.

If your employer dismisses you for any of the reasons listed in this article, you may have grounds for a wrongful termination lawsuit. If you choose to pursue a lawsuit, you will need the expert assistance of an experienced litigator. We at Allen D. Arnold Attorney at Law have experience in all types of wrongful termination cases. Contact us to learn more.

Examples of Age Discrimination in the Workplace

websitebuilder@thryv.com — Tue, 17 Dec 2019 16:51:39 GMT

People are working for longer into their lifespans. Health care has improved, and people well beyond 50 or even 60 years old feel vibrant and willing to stay in the workforce. Unfortunately, some companies favor youth over experience, and it can affect your career. Age discrimination can be subtle. Watch for some of the following examples.

Unbalanced Hiring

With the possible exception of professional sports, no company or industry should be filled with only youthful employees. Even the tech industry should feature employees in a range of ages because computers have been around for decades and people of all ages use them. Therefore, a company that features people mostly under the age of 40 may be practicing unbalanced hiring practices.

Employers may not realize they're using age-discriminatory hiring practices. After all, except for in very limited circumstances (such as working with alcohol), hiring managers aren't supposed to ask for candidates' ages. However, resumes usually include dates for education. Hiring managers may unwittingly be using those dates to guess an age range and only hiring from newer graduates.

Reduced Workload or Learning Opportunities

Offices require a wide variety of tasks to keep them running. Some of the tasks or assignments are very challenging, but they offer the opportunity to shine. However, if a company starts overlooking older employees for such assignments, those employees don't have as many opportunities to show they're ready for advancement in their careers.

A similar principle applies to learning opportunities. Many industries hold yearly conferences with educational seminars. Some companies offer paid reimbursement for education. However, sometimes these opportunities are limited only to younger employees just starting out in their careers. The lack of continuing education can be a detriment to an older employee's career.

Menial or Non-Customer Facing Assignments

On the opposite side of the spectrum, companies usually feature a large range of menial tasks. Normally, such tasks, such as making photocopies, fall to new employees who are still learning the industry. However, managers sometimes assign such tasks to employees they view as "slower" or "mistake-prone" due to age. That situation is another example of ageism in the workplace.

Some businesses have a customer-facing aspect. Sometimes managers will try to create a youthful appearance at the front of the business by relegating older employees to other assignments. An example of this situation occurred at a nationwide restaurant chain. The company had to pay damages for systematically denying older employees front-of-the-house positions.

Ageist Stereotypes

Similarly, companies sometimes make the work environment hostile for older employees. Supervisors may even come out and ask older employees when they plan to retire. They often couch such comments as jokes, but the mere mention of retirement means it’s on the supervisors' minds. Some companies even openly ask their hiring managers to only hire young candidates.

Companies can also be more subtle about their ageist stereotypes. For instance, they might advertise that certain tasks require energy and stamina, qualities that seem more prevalent in younger employees. They might promote that they use cutting-edge technology, which may be harder for older employees to grasp. Perhaps they assume older employees are set in their ways.

Coded Wording for Job Opportunities

Along those same lines, companies might openly target a younger market when they post positions. Said positions can be for in-house advancement opportunities or new-hire jobs. One example of such coded wording is the term "digital native." A digital native is someone who grew up in the digital age, which is a younger set of workers.

If you look at current job advertisements, you might see a lot of ways the company promotes a desire for a candidate who's fresh out of college. They may state they want a "recent grad." Or they may place a low experience range. For example, if they publish they want experience ranging from one to three years, the ad is subtly discouraging older candidates with more experience.

Age discrimination in the workplace is notoriously hard to prove. However, don't suffer in silence. If you believe age discrimination is at play in your workplace, contact Allen D. Arnold Attorney at Law .

Did Your Employer Miss Payroll? Act Now to Protect Yourself

websitebuilder@thryv.com — Wed, 27 Nov 2019 20:47:56 GMT

Did your employer fail to pay employees at the scheduled time? Fortunately, few employees will ever have to deal with this. But if you are one of those unlucky few, your next steps are vital for securing the compensation you are due as well as for protecting your financial future.

To help you navigate a difficult situation like this, here are five things to do as soon as your employer misses a payment.

1. Document Your Efforts

Your first step is likely to create a written record with your employer (if they have not taken proactive steps to talk to employees) about the problem. You'll need to document your efforts to inform the company of any problem and their response.

The best way to document anything is, of course, to do this through email or other written communication. Email exchanges work best – be professional because a Judge or Jury might see it later. If you choose to have a conversation with the Employer’s managers, make sure to have another person in the conversation to serve as a witness.

2. Understand the Seriousness

A company who has failed to make payroll will often downplay the problem. But don't be misled into thinking that this is just a minor hiccup. Payment of employees (and associated payroll taxes) is governed by law and carries stiff penalties for noncompliance. For this reason, most struggling employers will do everything possible to reduce expenses, increase income, or put off payments before they miss payroll.

So if your company has reached the point where it is risking fines, penalties, and legal actions, the situation has probably become dire. While this could be a single error or one-time budget issue, treat it like a serious problem until you are fully satisfied that it is not.

3. Consult an Attorney

If your employer fails to provide compensation to employees immediately, the best way to protect yourself is to meet with an attorney versed in wage and labor issues. And because this is a matter of money needed to continue living your normal life, you'll want to take action as soon as possible — even in as little as one week.

Your attorney may advise you to pursue a claim through the court system for failure to pay the Federal Minimum Wage and State Law wage claims (often called Work & Labor or Quantum Meruit). Usually, if you win this case, your employer will be made to pay your legal fees as well.

4. Report the Matter

At this point, you and your attorney should determine the best way to report the employer to the appropriate oversight agency. Most states have laws about wage payment which are overseen by a state labor board, but Alabama does not. You can contact the United States Department of Labor.

Some states set their own rules while others — including Alabama — follow the federal rules in the Fair Labor Standards Act. While there are no specific payment schedules in the FLSA, courts have agreed that companies must abide by their set payday schedule or risk legal action on behalf of employees.

5. Consider New Employment

If you have had to fight this hard to receive one or more paychecks that were due, don't continue this tenuous relationship. The situation is usually unlikely to get better soon, and you don't need the stress that comes with an uncertain paycheck for your hard work. Most employees in your situation should dust off their resume and make efforts to find a better — and more stable — paycheck.

Even if the company does get back on track, assess your ability to continue working there. Do you have faith in your employer's ability to continue paying the bills? Do you believe in this employer's behavior? Are you proud of your work there? Will you be able to work with staff, managers, and ownership after pursuing legal or regulatory action? If you aren't sure, you can see what other options are out there.

Allen D. Arnold Attorney at Law can help. Call today to speak with one of our employment law professionals about your situation. The sooner you act, the sooner you'll get what is owed to you.

5 Ways a Company May Violate the Fair Labor Standards Act

websitebuilder@thryv.com — Wed, 13 Nov 2019 17:28:03 GMT

The Fair Labor Standards Act (FLSA) dictates rules that private employers, as well as employers in federal, state, and local governments must follow. The act covers several employment aspects, including minimum wage, overtime pay, and recordkeeping for non-exempt employees. If your employer violates these standards, you may be entitled to compensation.

Here are several ways an employer might violate the Fair Labor Standards Act.

1. Not Paying Minimum Wage

One of the biggest protections of the FLSA is a guaranteed minimum wage. As of July 24, 2009, the federal minimum wage is $7.25 per hour for most workers. Alabama does not have its own state minimum wage law, so employees must be paid at least the federal minimum wage rate.

Some exceptions to the FLSA's minimum wage provisions are workers under the age of 20 and tipped employees. Workers under 20 years old may be paid a minimum wage of $4.25 per hour for the first 90 calendar days of employment.

Tipped employees may receive a minimum wage of $2.13 per hour as long as the tips they receive average out to at least $7.25 per hour. If an employee makes less than $7.25 per hour after tips are considered, the employer must make up the difference to stay in compliance with the FLSA.

Tips are sometimes shared or “pooled” among tipped employees pursuant to an employer’s policy. But if the employer requires those pooled tips be shared with non-tipped employees, then the FLSA has probably been violated and you may be entitled to additional compensation.

2. Failing to Pay for Overtime

Employees who are covered by the FLSA are entitled to at least one and one-half times their regular pay rate for any time worked over 40 hours per work week. A work week is defined as 7 consecutive 24-hour days, or 168 hours.

Some companies try to get around paying for overtime by stating that they will not pay overtime for any hours worked over 40 that aren't pre-approved by the employer. However, you are entitled to overtime pay for any overtime hours you work, even if your boss didn't approve the hours.

3. Misrepresenting Hours Worked

Another way businesses might try to get out of paying for overtime is by misrepresenting the hours you worked. In general, if you're a non-exempt employee and you're required to be at work or on duty from home, you're on-the-clock and should be compensated for that time. That means if you're off work and your boss is emailing you urgent requests that you respond to, you're probably entitled to compensation for that time.

4. Not Allowing Nursing Mothers Break Time

If you're a nursing mother and you're a non-exempt employee, the FLSA requires your employer to give you a reasonable break time to pump breast milk for one year after your child is born. Your employer must also give you a private, secluded space that is not a bathroom to pump.

While the law doesn't specify exactly how long your employer has to give you to express milk, if you're not being allowed adequate break time to do so, your employer could be violating the FLSA. Keep in mind that even though your employer must allow you adequate time to pump, they are not required to pay you for that break time.

5. Incorrectly Classifying Workers

One of the most common ways companies violate the FLSA is by inappropriately classifying workers as exempt employees or independent contractors. Independent contractors typically don't earn all of their income from one company, and a company can't usually exert a high level of control over how an independent contractor works.

Some examples of employees who are considered exempt workers and therefore don't fall under the FLSA's protections include:

Executive employees who earn at least $455 weekly.
Administrative employees who earn at least $455 weekly.
Highly compensated employees who earn $100,000 per year or more.
Outside salespeople.
Computer employees.
Seasonal employees of recreational businesses.
Small local newspaper employees.

The above exemptions are set to change to wherein Executive and Administrative salaries above $684 per week are exempt from overtime and the “highly compensated employee” threshold is now $107,432 per year. Approximately 1.3 millions Americans workers are expected to benefit from this rule change.

Allen D. Arnold Attorney at Law represents Alabama employees whose employers have violated the FLSA. We help you get the compensation you legally earned. Contact us today to set up a consultation to discuss your case.

Sex or Gender Discrimination by Employers: A Primer

Wed, 23 Oct 2019 17:56:28 GMT

All employees and job applicants have the right to be treated fairly. Employers are generally not allowed to discriminate against someone based on their sex or gender. If you feel that you are discriminated against for reasons of sex or gender, then you have the right to seek redress from your company or sue the employer if your demand for a remedy is not met.

Sex or Gender Discrimination Law

Federal law considers sex or gender a protected class. Just as employers may not discriminate against someone because of their race or religion, they may not discriminate against you because of your gender. In addition to federal law, most states also have statutes relating to sex or gender discrimination in the workplace. Alabama has an Equal Pay Statute that prohibits discriminatory pay practices based on sex, gender, and race.

Federal law, however, does not just prohibit employment discrimination based on whether you are biologically male or female. The law also protects individuals who face workplace discrimination because they are transgender or because of their gender identity or sexual orientation, according to the Equal Opportunity Employment Commission (EEOC). However, the United States Supreme Court could overrule previous court rulings protecting employees that are transgender or because of their gender identity or sexual orientation this winter or during early 2020.

Bias

The law specifically forbids your employer from engaging in certain types of behavior due to a bias against your sex or gender. For example, the employer may not refuse to hire a women simply because they feel the job is better suited to a man. If an employer denies you a job just because of your sex or gender, you have the right to file a Charge of Discrimination with the EEOC.

The employer also cannot fire you or lay you off due to your sex or gender. Nor can they legally discriminate against you when to comes to getting a promotion, obtaining benefits, or having access to training.

Pregnancy

Closely related to sex and gender discrimination is the issue of pregnancy. Historically, some employers have felt that pregnant women hurt the company's bottom line and have discriminated against any worker who was pregnant. The same law that protects workers against sex or gender discrimination also applies to pregnant employees.

An employer may not discriminate against you when you are pregnant or because of any reasons related to pregnancy or childbirth. The company must treat you the same as any other worker who is not able to work temporarily due to illness or injury.

Harassment

Sometimes people are confused about the difference between sex discrimination and sexual harassment. The distinction between the two is that sexual harassment is a specific form of sex or gender discrimination. A key point to remember is that sexual harassment does not have to involve someone making unwanted sexual advance toward you.

For instance, if you are a woman and a supervisor is constantly making you uncomfortable by disparaging women as a group, you can still hold that supervisor accountable for sexual harassment, even though the offensive or derogatory remarks were not directed against you personally.

Disparate Impact

An important concept regarding sex or gender harassment is disparate impact. The term disparate impact refers to workplace policies that have a much greater impact on one group than on another.

For example, if a company policy has a much greater negative effect on female employees than male workers, then that policy might be illegal under the law, even though the employer did not specifically intend to discriminate against anyone based on their sex or gender.

If you are victim of sex or gender discrimination in the workplace and cannot get the situation remedied, then a lawsuit against your employer might be the best way to obtain justice. When you are dealing with sex or gender discrimination at work, Allen D. Arnold, Attorney At Law, can help. Contact us to learn more.

Understanding a Hostile Work Environment

Thu, 17 Oct 2019 16:37:05 GMT

According to statistics gathered by Business Insider, Americans spend 90,000 hours over the course of their lifetime at work. Unfortunately, 87 percent of Americans feel no passion for their work, and 80 percent are completely dissatisfied with their job.

Job dissatisfaction is often due to factors such as inadequate pay or a lack of benefits, but sadly, some people find themselves with a far greater problem — a hostile work environment. Here is what you should know if you suspect you are in this situation.

What Is a Hostile Work Environment?

Just because you may have to deal with unpleasant circumstances or people at work does not mean that it is necessarily a hostile work environment. A hostile work environment is classified as such only when harassment is present, but to establish legal liability, this means the offending workplace behavior must be discriminatory in nature.

According to the U.S. Equal Employment Opportunity Commission, harassment must consist of unwelcome behavior that is based on a person's race, color, national origin, religion, sex, age (40 or older,) disability, or genetic information.

So a hostile work environment consists of behavior that discriminates against one or more of these factors and is pervasive. Here are some examples:

Offensive jokes
Suggestive comments
Racial, sexual, and religious slurs
Threats of physical violence

These are just a few of the many behaviors that a court may find legally constitute a hostile work environment. The behavior doesn't necessarily need to be directed at you, either. For example, while you may not be the target of discrimination, the offensive behavior may still be bothersome.

When an employee must endure perpetual harassment by their employer, supervisor, or coworker in order to continue employment, or the pervasive behavior is deemed intimidating, abusive, or hostile by the employee, the offending behavior may be illegal.

Additionally, it is illegal to harass anyone who files a discrimination charge, participates in investigations, or reports discriminatory practices. It is also illegal for an employer, supervisor, or coworker to retaliate against an employee for reporting a specific action such as safety violations.

What Is Not a Hostile Work Environment?

A coworker who constantly gossips or a supervisor who yells may be unpleasant to deal with and create a negative environment, but their nasty behavior is not illegal unless it is discriminatory. In other words, someone you may work with may be unpleasant to be around, but as long as their behavior is based on a personality defect rather than your race, sex, or other protected classification, it isn't illegal.

How Should You Deal with a Hostile Work Environment?

If you feel you are being harassed, you should firmly tell the person to stop the offending behavior. Unfortunately, this is often easier said than done. For example, you may feel intimidated by the person or the offender may be your supervisor.

People may also be reluctant to be viewed as a troublemaker or they may be fearful of retaliation from their boss or coworkers if they speak up about unwanted, offensive, and hostile behavior. However, in order to prevent escalation of a hostile situation, you need to tell management so they can take corrective action.

While employers should proactively work to prevent a hostile work environment to begin with by implementing a zero-tolerance policy, conducting training workshops, and taking other preventative measures, they cannot correct a problem unless they are aware that the problem exists.

Once management is aware of a problem, they need to take immediate corrective actions. If they don't, they may be liable.

The best way to inform management is to review your company handbook or the mandatory Federal Labor Law poster in your workplace and see who in management should receive the complaint AND make sure your complaint is submitted in writing! Be clear and explicit about what was said and what was done to you … i.e. don’t hold back or be polite – it hurts your credibility later. If the harasser used dirty words or phrases, write them down verbatim in the complaint.

If you feel you are being harassed at work or are in a hostile work environment, contact us today to discuss your particular situation and the next steps.

Alabama Rules of Professional Conduct Notice: No Representation is made that the quality of legal services offered is greater than that of other lawyers. The information contained on this website is not a substitute for legal advice and reading it does not create an attorney-client relationship.

Wrongdoing at Your Workplace? 4 Planning Steps for a Whistleblower

Thu, 12 Sep 2019 21:39:12 GMT

Have you seen your employer break the law in some — perhaps dangerous — way? While most employers are honest and strive to follow federal and state law, others who are lured by greed or laziness ignore laws or even intentionally break them.

If you've seen something that you feel you must report to a government agency, you should take some preparatory steps. Being a whistleblower is a serious commitment, and the best results generally come when the whistleblower takes the time to get themselves and their plan in order. What should that plan look like? Here are a few key things to do.

1. Contact a Whistleblower Attorney

Those who plan to turn in a company for potential legal violations should seek the assistance of an experienced whistleblower attorney as soon as possible. They can guide you through the steps to gather the right information, notify the right parties, and present the right evidence to legal entities.

The attorney can also help protect your privacy or identity by serving as a go-between and negotiating the most beneficial results in any legal case.

2. Learn the Rules

Simply telling someone that a company broke the law doesn't necessarily protect you from the consequences of your report. Though 'whistleblower laws' — such as the Dodd-Frank Act and the False Claims Act — as well as state laws protect against workplace retaliation, these laws have rules you must follow in order to claim that protection. Failure to understand the right way to do things could cause you trouble.

In addition, the government often offers financial incentives for people to blow the whistle on companies or employers. The reason for this incentive is twofold. First, it encourages those who may be hesitant to take on the burden of reporting the wrongdoing. Secondly, it helps compensate the whistleblower for any negative consequences that may still occur.

But, again, you must follow the rules to receive the compensation. If you report the wrongdoing to a board of directors, for example, you may forfeit the right to receive the reward when you later report it to a government agency. If you break any laws as you try to prove the illegal acts, you may also forfeit rewards.

3. Document Everything

As soon as you discover something illegal — or likely illegal — going on, begin a record of your findings. Documentation will be key to a successful whistleblower case and the receipt of any due rewards. Avoid talking to anyone about your intention to report your findings to a government agency, but do copy or record documentation that may be helpful later. Do not take or remove property that is not yours.

Documentation might include printing out related emails or payroll information, taking notes about things you cannot copy or statements by fellow workers, keeping a diary of actions and dates, or even taking photos of rule-breaking around you. If you record events in a diary, make sure the diary cover says “For My Lawyer” on the cover. Your attorney can help you decide what information to collect and how to do so legally and safely.

4. Prepare Mentally and Emotionally

You may be able to maintain anonymity to some extent, but you may not. Your employer, supervisor, and coworkers may make life difficult once they know your role. You may be branded as a 'snitch' or disloyal. And you may experience some level of retaliation — from subtle jabs at your competence to job loss.

No one can tell you if you are ready to take on these consequences. You will need to work through the emotional aspects of your role, understand what may happen, and be convinced of the rightness of your actions. You may even want to have a backup plan in place in case things get too difficult for you or your family.

Clearly, you have a lot of work to do before you take your complaint to a government agency. And when you know the steps to take in advance, you can help ensure a better outcome for yourself and any potential victims. At Allen D. Arnold Attorney at Law , we can help. Contact me today to get started.

Severance Agreement Conditions and Rights after Age 40

Wed, 04 Sep 2019 18:40:54 GMT

Alabama is an at-will employment state, so your employer is not required, by law, to offer you a severance agreement. Your employer may choose to offer you one, but the language in the agreement may be complicated and more beneficial to them rather than to you.

If you are not careful, then you may sign away important rights, especially if you are over 40, which grants you additional rights. Here is more information about common conditions usually found in severance agreements and how you can protect your rights as an older worker.

Conditions Common to Severance Agreements

Generally, severance agreements have a long list of conditions that you must comply with before you can receive severance pay, or that require you to pay severance back when those conditions are not met. Some common conditions include the following:

You Agree Not to Sue

If you have read and understood the severance agreement, then this clause protects your employer in case you decide to file a lawsuit against them later on. However, you may still be able to file a Charge of Discrimination with the E.E.O.C. if you feel that your termination was based on your status in a protected class. Watch out! Even if you are permitted to file a Charge of Discrimination, you may have waived your right to recovery monetary damages!

You Agree to Not Work for a Competitor

Often, this type of clause is meant to protect trade secrets that you could use against them. It also applies to working with vendors or other companies that do business with your employer. Often, these agreements have a time limit such as not allowing you to work for these companies for a year.

You Agree to Not Disparage the Company

No matter how bad your work conditions were, if you sign an agreement with a non-disparagement clause, then you cannot ever say anything negative about your employer on any official record.

You Agree Not to Discuss Your Work

Some severance agreements may mention that you cannot discuss any of the details of your job. This is especially common if you work with sensitive personal or proprietary information.

Protections for Employees Over 40

If you are over 40, then you have special protections under the Age Discrimination in Employment Act . Your severance agreement must specifically spell out these rights in order to be valid. Here are examples of the minimum information that your employer must provide in the agreement.

You Have the Right to an Attorney

The agreement must have wording that advises you to seek attorney's counsel, though whether you do so is up to you.

You Must Be Informed of the ADEA

The waiver must specifically mention your rights under the ADEA and spell out the act in its full name.

Your Agreement Must Be Understandable

The severance agreement must be written in plain, understandable language that an average person of your education level can understand. It should not be written in complex, legally technical language unless you have a law background. Failure to use plain language may make the agreement invalid.

You Are Allowed Time to Consider

Unlike those under 40, you are allowed, by law, a minimum of 21 days to examine the agreement. If more than one person is being terminated, then you may be allowed 45 days. If your employer says otherwise, then remind them of the requirements under the ADEA.

You Are Allowed Time to Revoke the Agreement

As a person over 40, you have up to seven days to revoke the agreement after you have signed it. Your employer cannot force you to give up this right and, if there is language in the agreement that states otherwise, then that agreement is invalid.

Severance agreements, in general, are tricky, but if you are over 40, then you are entitled to certain provisions to ensure that you know what you are signing. You should use the allotted grace period to consult an attorney before signing any agreement to make sure you are not signing away important rights.

Allen D. Arnold Attorney at Law will look over your severance agreement to ensure that your employer is following the law and point out any other important clauses. Contact them today for a consultation appointment.

4 Common Ways Employers May Violate Your Right To FMLA

websitebuilder@thryv.com — Mon, 22 Jul 2019 03:30:43 GMT

Do you need to take leave to deal with a medical crisis or major family change (such as birth or adoption)? Nearly every employee will face this necessity at some point during their career, and today's employees have protections that prior generations didn't.

One of the most important protections most employees have is the Family and Medical Leave Act (FMLA). This law, enacted in 1993, generally allows those who have worked more than a year for a company with more than 50 employees to take up to 12 weeks of unpaid leave without suffering job loss.

While the FMLA law gives employees more rights to care for their needs without losing their jobs, some employers still violate its provisions and harm employees who exercise this right. What types of harm might you experience? And what can you do if it happens (or has happened) to you? Here are four of the most common unlawful actions employees suffer.

1. Terminating Unlawfully

Just because the FMLA laws state that an employer cannot terminate someone who takes leave doesn't mean it does not occur. Unscrupulous employers may simply find ways to do so that aren't as obvious.

For example, wrongful termination may take the guise of poor performance reviews based on a person's 'unavailability' or not contributing to department assignments. The employer may count FMLA-covered absences against an employee. Or they may opt to 'lay off' the position while the person is gone or turn a temporary layoff into a permanent one.

2. Denying Reinstatement

When they return to work, the employee who took FMLA is supposed to be reinstated to their prior position or an equivalent one. This must generally occur with days of giving notice that you will return from leave.

The leeway within the idea of equivalent gives some employers a way to punish employees, though. For instance, while it is acceptable that a position may evolve or become extinct during a person's leave, this can be abused. An employer may offer a lower position — either in seniority, pay, hours, or skill — and call it an equivalent one. They could even say you must wait for a position to open up, which violates the law.

3. Bullying Employees on Leave

Some employees suffer from bullying when they take federally-protected leave. From the outset, a company may downplay the medical necessity or mock the employee's situation. A boss may constantly call, text, or email the employee asking when they will return. They might berate or ridicule the employee for being less available or taking time off, or they may claim the employee is being selfish.

You may find it hard to recognize pressure or bullying, and it can be even harder to stand up to because of its personal nature.

4. Retaliation After Returning

Once you return to work, your boss might still engage in punitive behavior. Such retaliation can extend for months or even years after a person took leave. A supervisor might change your schedule, for instance, to one that creates serious challenges for you. They may deny promotions, new projects, or client accounts — using the excuse that you weren't around to build skills or develop relationships.

Have you noticed any of these unlawful behaviors or acts at your workplace? Whether you are contemplating leave or have taken leave amid such a hostile work environment, it's never too late to take control and receive what you are legally and rightfully due.

At Allen D. Arnold Attorney at Law , our FMLA attorneys will help you resolve the situation, determine if you have a case, and seek compensation when necessary. Call today to make an appointment.

What to Do If You Were Sexually Harassed in the Workplace

Tue, 09 Jul 2019 19:01:45 GMT

Your employer has a responsibility to provide you with a safe, productive work environment. Unfortunately, if you are the victim of sexual harassment by one or several coworkers, you can feel like your workplace is no longer safe. Your coworkers might tell you to lighten up or that it isn't a big deal. Sexual harassment is a big deal and you have the right to protect yourself.

Here are the steps you should take if you are the victim of sexual harassment in the workplace.

Understand What Constitutes Sexual Harassment

Legally, sexual harassment is considered a form of discrimination. The Equal Employment Opportunity Commission, or EEOC, divides sexual harassment into two categories: hostile work environment and quid pro quo harassment.

Quid pro quo harassment is any harassment that involves a threat or implication of retaliation, such as demotion or termination, or a promise of a promotion or another benefit, if the harassed agrees to perform a sexual favor.

When the sexual harassment makes a person feel unsafe at work or creates an environment that makes it impossible for the individual to be productive, this is a hostile work environment.

Sexual harassment can come in many forms, including verbal, physical, written, or visual. For example, an employer, peer, or subordinate can make an unwanted sexual advance, draw an explicit picture, or inappropriately touch a fellow employee.

Learn Your Company's Policy on Sexual Harassment

Check your company's website or employee handbook for your employer's sexual harassment policy. The policy may outline the steps you must take to report sexual harassment to your employer. For example, your employer might require you to report the harassment to a direct supervisor, the company's owner, or a human resources representative.

If you company doesn't have a sexual harassment policy in place, you still have rights and protections under the EEOC and your state's sexual harassment laws.

Document Instances of Sexual Harassment

Write down every time you suffered sexual harassment in the workplace. Create a notebook and put on the cover “In anticipation of litigation.” This title means that the notebook is solely for you and your future lawyer. Be as thorough as possible and include the harasser's name, anyone who witnessed the harassment, and where and when the harassment occurred. Document everything that was said, written, or if you were touched inappropriately.

Continue to write down any instances of sexual harassment as they occur, even after you file a complaint or hire an attorney. Your harasser might learn of your complaint and the harassment may continue. Documenting your harassment will strengthen your case and provide evidence of your harassment.

Contact an Attorney

Before you file a complaint, talk to an attorney. A lawyer can help you better understand the federal and state sexual harassment laws, what constitutes sexual harassment, and how to file an official complaint with the EEOC. Unfortunately, if you report harassment to your supervisor or a human resources representative, you could be reprimanded, demoted, or even lose your job.

An attorney can help you craft an official complaint and guide you through what happens after you file the complaint and if you lose your job.

Report Harassment to Your Supervisor or Human Resources

Finally, no matter if your company has an official sexual harassment policy or not, you should report the harassment to someone in your company, whether it is your direct supervisor or a representative from human resources. You may be asked to fill out an official complaint form or provide any information you have about the harassment, such as the information you recorded in your documentation.

Do not fill out any paperwork before you contact your attorney. You may accidentally sign away your right to file a complaint against your employer.

Sexual harassment in the workplace is a serious problem that should not be tolerated. If you have any further questions, contact the professionals at Allen D. Arnold, Attorney at Law .

Your Right to Return to Work After Military Service

Fri, 31 May 2019 20:18:36 GMT

If you are called to active duty military service, then you have the right to return to your place of employment after your tour of duty is over. Congress passed the Uniformed Services Employment and Reemployment Rights Act, or USERRA , to protect you from losing your job or benefits when you are called to duty.

However, some exceptions to reemployment that your employer is legally entitled to exist as well. Here is more about your rights to reclaim your job after you return from military service and exceptions your employer is allowed to take.

Activities Protected by USERRA

USERRA protects most employees who are called to serve in any of the official uniformed services of the United States. You are eligible whether you in voluntary or involuntary service. Service can include training, full-time National Guard activities, and natural disaster duty.

Uniformed services include, but are not limited to, the Army, Navy, Marines, National Guard, Air Force, Coast Guard, and any of their reserve units. Uniformed services also include other presidential-appointed categories during war time.

Benefits Protected by USERRA

When you return from your service, your employer is required to reemploy you at the same position, seniority, and benefit levels as long as you were gone for less than five years (or more for certain military positions and activities). You should be treated as if you had never left job during the time you were gone. If you were due to be promoted during your leave of absence, then your employer is obligated to elevate you to that position.

If you receive health and other benefits from your employer, then you can continue to receive those benefits while you are serving for up to 24 months. However, your employer may require you to pay the premiums. You are also entitled to use annual leave, instead of vacation time, for your leave of absence, and you are also entitled to the same benefits as anyone else who is on annual leave.

Obligations to Your Employer

While you have reemployment rights if you are called to duty, you also have some responsibilities to your employer. If possible, you must give your employer as much advance notice of your upcoming military service as you are able. Exceptions to this rule include if you had little or no advanced notice or there is a military-necessary reason for not doing so.

You also must reapply for your former job as soon as your duty is over. Failing to do so does not necessarily disqualify you from getting your job back, but it can complicate your case if your employer refuses to hire you back. Also, you must have a general or honorable discharge to be eligible.

Rights of Your Employer

Your employer can make an exception to your reemployment, but under very specific circumstances. If the company had to downsize and eliminate your job while you were gone, and no similar job is available, then your employer doesn't have to hire you back.

If you return with a disability, and accommodating your disability would cause an undue hardship to the employer, then your employer may be excused from rehiring you.

If your original position was a temporary, seasonal, or other non-recurrent position, then you had no reasonable expectation that the job would be available when you returned and the employer does not need to rehire you.

When you are called to military duty, not only do you have the right to be treated like any other employee on leave, you also have the right to pick up from where you left off when you come back.

However, you also have obligations to your employer and your employer has rights as well. If you have returned from active military duty, and you feel that your employer is not following the law with your job, then contact Allen D. Arnold Attorney at Law for a consultation.

4 Examples of Pregnancy Discrimination

websitebuilder@thryv.com — Tue, 21 May 2019 15:18:27 GMT

Pregnancy discrimination is illegal under Title VII of the Civil Rights Act of 1964. Unfortunately, many people are unclear as to what exactly constitutes pregnancy discrimination.

If you feel you may have been treated wrongly because you are or were pregnant, then you may be unsure if you were discriminated against or just treated unfairly. Here are four common examples of pregnancy discrimination.

1. You Were Not Hired for a Position Because You Are Pregnant

An employer is not allowed to ask you if you are pregnant during an interview, and you do not have to disclose this information. However, it can be hard to disguise a pregnancy, and it may be quite obvious you are expecting.

If an employer passes you over for the position in favor of a candidate who is not as qualified, and you are fully able to complete the requirements of the job while pregnant, the employer may be discriminating against you because you are pregnant.

Unfortunately, these cases are challenging to win, as you may not know who they hired and what the hired employee’s qualifications, background, and education are.

2. You Were Demoted or Fired for Being Pregnant

If you have been a stellar employee without a history of demerits or write-ups, and then suddenly you get written up all the time after announcing your pregnancy, your employer may be discriminating against you.

Likewise, if you are fired for no good reason after announcing your pregnancy, or when your pregnancy is visible, you may have a discrimination case.

3. You Were Not Accommodated Like Other Temporarily Disabled Employees

Envision that one employee got in a car accident and was unable to lift 25 pounds or more. Your employer accommodated this restriction and gave them desk work until they were able to lift again.

Then envision that you go to your employer with this same restriction while pregnant and they tell you they cannot accommodate your lifting restriction, and you will be unable to work. This situation is discriminatory, because employers must equally accommodate all temporarily disabled employees.

The above is an example of pregnancy discrimination, as all employees must be accommodated in the same manner. If the employer cannot accommodate any restrictions for any employee across the board, then failing to accommodate your restriction would not be pregnancy discrimination.

4. Your Position Wasn’t Available When Your Maternity Leave Ended

Your employer must hold your job open for you the same length of time that they would for other employees who are on sick or disability leave. Per the Family and Medical Leave Act, large employers (i.e. with 50+ employees) must hold jobs for at least 12 weeks, for employees who have worked at least one year, for certain family and medical reasons.

An employer is not allowed to demote you simply because you were out on maternity leave. When you return to work, you should have your old job back, or one that is similar in nature, including similar hours, work days, and pay scale.

If your employer tries to give you a less desirable shift, lower wages, or a job that is distinctly different than your old job, your employer may likely be discriminating against you.

Do you believe that your employer discriminated against you because you are or were pregnant? If so, it is important to contact a lawyer quickly to help you determine if you have a case. In many situations, you only have 180 days after the incident to file a claim.

Here at Allen D. Arnold Attorney at Law, we can help you with your pregnancy discrimination case in the Birmingham, AL area. Contact us now to get started.

6 Common Mistakes Employees Make With Severance Packages

websitebuilder@thryv.com — Wed, 10 Apr 2019 03:48:30 GMT

A severance package is a down payment on your future plans. The severance package represents what you get to start the next chapter of your life.

Unfortunately, many employees don't have a lot of experience with severance arrangements. Consequently, when their employer offers severance, they can make a number of mistakes that could dramatically impact their future.

What kinds of errors do people make when negotiating their own severance packages? And how can you avoid those mistakes? Here are a few answers.

1. Not Asking for Enough

Many employees are in a hurry to get the exiting process done, and they don't act aggressively enough when negotiating what they take with them. They may not even know that they can negotiate, instead accepting the employer's first offer as the only option.

In actuality, the severance package is generally highly individualized — particularly when it comes to management and executive positions which are often unique in responsibility and compensation.

2. Asking for Too Much

Some people, on the other hand, set their sights impossibly high, which can strain negotiations. Worse, this approach delays the negotiations and may sour the employer's attitude toward the rest of the process.

The trick to successful negotiation is knowing what leverage you have, what you really need, and what a reasonable compensation is. With an accurate expectation, you will know how to ask for enough to leave the negotiating room without damaging your position.

3. Letting Grievances Get in the Way

Many people experience intense emotions after being laid off or fired. While those emotions are valid, expressing them too strongly can work to your disadvantage in negotiations, as it can easily lead to quick capitulation, holding out too long, or holding onto grudges.

A severance package isn't about punishing an employer for mistreatment — perceived or otherwise. If you have actionable grievances, address them in other legal proceedings.

4. Signing Non-Compete Agreements

Many severance packages — particularly for those who were executives, researchers, engineers, or sales staff — include agreements not to compete with the old employer. Non-compete agreements and documents with similar wording, such as non-solicit agreements, limit how you can compete with your former employer.

Generally, a non-compete agreement offers some kind of compensation for your agreement to these terms — and in fact, must legally provide some kind of recompense. But if you don't understand your rights when signing a non-compete agreement, you could agree to one prematurely. The agreement may also be too broadly defined or too geographically wide to be reasonable.

5. Forgetting About Benefits

Severance isn't just about cash money. You can also negotiate certain benefits, such as health insurance, life insurance, use of company property, or investment perks. But you have to know what is most important and plan for the longer term.

6. Signing Away Rights

Fine print in many severance contracts includes an agreement to revoke the employee's rights to certain actions. This includes the right to sue the former employer for claims that you have a legitimate right to pursue, including sexual harassment, unfair termination, workers' compensation, and discriminatory behavior. Maintaining these rights is vital if you have any concerns about your employer's behavior.

What You Can Do

Avoid making these errors by working with an experienced business attorney who specializes in protecting employee rights and who will review your package offer. With an attorney on your side, you will be able to remain objective, negotiate fairly, and get what you deserve from your former employer.

Attorney Allen D. Arnold can help you successfully end this part of your career and start on the next. Call today to make an appointment.

brwj7435-utx8g0h3cbwzb5o1

Your Guide to Employment Law Attorneys in Birmingham, AL

Wage and Hour Protections Under the Fair Labor Standards Act (FLSA)

Exempt vs. Non-Exempt Employees and the Impact of Misclassification

Common Wage and Hour Claims in the Workplace

Guidance From Employment Law Attorneys for Birmingham, AL, on Retaliation

What Retaliation Looks Like After a Workplace Complaint

Your Legal Protections Under Federal and Alabama Law

How Attorneys Help You Build a Strong Retaliation Claim

Steps to Take When You Suspect Retaliation

Additional Signs of Retaliation Employees Often Overlook

How Retaliation Affects Your Career and Well‑Being

What to Expect During a Retaliation Case

Why Working With the Right Attorney Matters

Talk With an Attorney Who Can Help You Move Forward

How an Employment Lawyer Can Help You in Workplace Disputes

Recognizing the Early Signs of Workplace Conflict

Why Preparation Matters Long Before a Dispute Becomes Serious

How Allen D. Arnold Helps You Prepare for Workplace Issues

Guidance on Gathering Strong and Organized Evidence

Advice on Communicating With HR the Right Way

Protecting Your Rights Before Retaliation or Escalation Occurs

Mistakes Employees Often Make When Handling Disputes Alone

Failing to Document Incidents Properly

Reporting Concerns Only Verbally

Trusting HR Without Understanding Their Role

Waiting Too Long to Seek Help

Responding Emotionally Instead of Strategically

Get Prepared With Legal Guidance—Contact Allen D. Arnold

Reasons to Hire an Employment Attorney Before a Workplace Dispute Escalates

Understanding Why Timing Is Everything in Workplace Disputes

What an Employment Lawyer Can Do That You Cannot Do Alone

Common Situations When You Should Call an Employment Attorney Right Away

Discrimination at Work

Workplace Harassment or Hostile Environment

Wrongful Termination or Retaliation

Wage and Overtime Problems

How Allen D. Arnold Provides Personal Support and Legal Strength

Personal Attention During Every Step

Clear and Strategic Planning

Strong Legal Protection

When in Doubt, Reach Out Early for Legal Help

Your Guide to Employment Rights Law in Huntsville, AL

Why So Many Employees Do Not Realize Their Rights Have Been Violated

Key Protections in Alabama Employment Rights Law

Protections Against Workplace Discrimination

Wage and Overtime Rights

Harassment Laws and Hostile Work Environments

Reasonable Accommodations for Disabilities or Medical Needs

Laws Protecting Employees From Retaliation

How an Employment Law Attorney Servicing Huntsville, AL, Can Help

If Something Feels Wrong at Work, Contact Us Today

How Employment Law Attorneys Help in Hostile Workplaces

Defining a Hostile Work Environment: Legal Standards Explained ﻿

Common Examples of Hostile Work Environments in Birmingham, AL

How Employment Rights Law Protects Birmingham Workers

How Our Employment Law Attorneys Approach Hostile Work Environments

The Importance of Early Action ﻿

Don’t Face Hostile Work Environments Alone: Contact Our Team Today

Employment Lawyer: Defends Workers From Wrongful Termination

What Constitutes Wrongful Termination?

Lawful At-Will Firing vs. Unlawful Termination

How Allen D. Arnold, Employment Attorney, Can Help

Why You Need an Employment Lawyer

Take Action Today if You Believe You’ve Been Wrongfully Terminated

Guide to Discrimination Legal Attorneys serving Huntsville, AL

Understanding Employment Discrimination

The Role of a Discrimination Legal Attorney serving Huntsville, AL

How the Firm Builds a Strong Case

Legal Options for Victims of Discrimination

What to Expect When You Work With a Attorney

Why Choose Allen D. Arnold Attorney at Law?

Trends Impacting Discrimination Law Group in Birmingham

Legislative Changes Affecting Discrimination Law

A Rise in Workplace Discrimination Cases

Addressing Intersectional Discrimination

Local Court Rulings Setting New Precedents

Leveraging Technology to Strengthen Claims

Promoting Awareness and Legal Education

A Legal Team You Can Trust

Defining a Hostile Work Environment: Legal Standards Explained

The Importance of Early Action