the Employment Law Group
serving Oregon and Washington
What distinguishes us from many other law firms is our personal approach to solving our clients' legal problems. We focus on you, the client. We also recognize that most clients would prefer to spend less money on legal services than more. Therefore, we identify the client's primary objective, design a solution to fit that objective, and then implement that solution in the most efficient manner possible.
Whether you are an employer or employee, if any of these issues are affecting you or your workplace, give us a call-we can help.
Discrimination is treating certain employees differently than others for no legitimate reason. Employers generally may not discriminate against employees based on age, sex, race, pregnancy, national origin, religion, sexual orientation, military status, or disability. It is illegal for an employer to discriminate against an employee because of inherent personal traits (such as race/ethnicity, gender, age, sexual orientation, and disability) or because of certain choices an employee has made which are protected by law (such as marital status, religion, and, in some jurisdictions, sexual orientation).
Sexual harassment is an abuse of an employer's power. There are two types of sexual harassment. Quid pro quo harassment is when an employer requires an employee to perform sexual favors as a condition of employment. A sexually hostile work environment occurs when an employer maintains an environment where offensive conduct of a sexual nature is tolerated or encouraged, and makes others feel uncomfortable. Such conduct as dirty jokes, lewd comments, groping and physical assault may create a sexually hostile environment if it is severe, pervasive and unwelcome. A hostile work environment may also occur on the basis of race, national origin, religion, disability or age. Sexual harassment and discrimination can happen to men and also may apply to gay or lesbian employees.
Retaliation generally takes the form of demotion, harassment, transfer, or termination of employment. Even a lateral reassignment can be retaliation if the reassignment affects the employee's eligibility for promotions or advancement. An employer may not retaliate against an employee who engages in conduct protected by law. Protected conduct includes opposing workplace discrimination against oneself or another employee, assisting an investigation of discrimination, refusing to engage in conduct an employee reasonably believes to be unlawful, asking an employer about one's legal rights, filing a claim for worker's compensation or otherwise exercising one's rights under the law. Retaliation claims may be brought even when the conduct being reported by the employee is not actually illegal. As long as the employee has a good faith, reasonable belief that the conduct is unlawful, the employee is protected from retaliation.
A wrongful termination situation may exist when an employee is fired from a job for reporting illegal activities, for refusing to perform a task that is against public policy, or for pursuing certain rights. For example, an employer cannot fire an employee in retaliation for serving on a jury, in military service or other government obligation.
State and federal laws and regulations govern wage and hour issues, such as whether an employee is entitled to overtime, the minimum wage, prompt payment of employees upon termination of employment, and payment of prevailing wages for public contractors. Employers who are not aware of these laws and regulations potentially expose themselves to considerable liability. Employees who are not being paid properly are entitled to recover, in addition to the amounts owed, penalties, attorneys fees, and court costs.
"Whistleblowing" is a broad, general term that applies to an employee's reporting unlawful conduct on the part of fellow employees or the employer. Various federal and state laws protect various kinds of whistleblowers. Examples include reporting the following kinds of conduct: unsafe work conditions, wage and hour violations, violations of financial reporting laws, or virtually any kind of illegal conduct in the workplace.
Employment agreement can take a variety of forms. Some are simple, such as terms outlined in an offer letter. Others may be very complex, consisting of numerous discreet sub-part. Examples of common employment agreement are non-compete agreements (see below), confidentiality and trade secret agreements, severance agreements, agreements to arbitrate claims, commission and other compensation agreements, and the like. It is generally considered prudent to have an agreement reviewed by counsel prior to entering into one.
A covenant not to compete (also called a "non-compete agreement") is a kind of employment agreement between an employer and employee which restrains or prevents an employee from working in his chosen professional, trade, or business within a given geographic area and for a specified time period after the employment relationship ends.
Whether a covenant not to compete is valid and prevents an employee from engaging in competitive employment depends on the covenant's terms, the manner in which the parties executed the non-compete, the details of the employment relationship between the employer and employee, and the employee's post employment work activities.
Dolan Griggs LLP litigates virtually all manner of covenant not to compete disputes. Our firm also reviews non-competition agreements to determine their enforceability.
The FMLA generally requires employers with at least 50 employees to allow their employees up to twelve weeks of annual leave to care for the employee's or a family member's "serious health condition." Upon return from FMLA leave, an employee is entitled to keep his/her previous employment position or be given an equivalent position with equivalent pay, benefits and other conditions of employment. An employer is prohibited from interfering with or denying FMLA leave to a qualified employee. It is also unlawful to discharge or discriminate against an employee for the exercise of FMLA rights.
Employees who are terminated may receive a severance package from their former employers. These packages may include payments, continued salary, vacation or sick pay, stock options, and job-search assistance. Some severance agreements are provided due to standard company policy, or due to obligations derived from changes of corporate control (such as a merger or acquisition). These agreements may be governed by federal law called ERISA (which governs virtually all issues regarding employment benefits - see below for more on ERISA). Severance agreements may also be offered to employees who are quitting or being involuntarily terminated in consideration for a release of claims. Prudent employers and employees alike seek legal counsel prior to offering or accepting such agreements.
If you have any of these problems, you may be able to sue your former employer to get the proper severance benefits and other damages.
Employee benefits are employee compensation, other than wages or salaries, including things such as insurance, vacation, reimbursed expenses, company sponsored trips, and compensation for job-related injuries. Employers may not create or operate benefit plans that violate the law. The Employee Retirement Income Security Act (ERISA) governs certain types of employee benefits. ERISA establishes certain rules that must be followed by private companies that provide retirement plans, pension plans, or health-care plans for their employees. It also allows employees to sue in certain circumstances to enforce their benefit plans.
A number of other situations implicating legal rights may occur in the workplace. Dolan Griggs LLP has represented employees and employers in a variety of these situations including: assault and battery, defamation or slander, negligent hiring or retention, invasion of privacy, and intentional infliction of severe emotional distress. Also, workplace injuries are not uncommon. In the vast majority of workplace injury situations, employees are covered by worker's compensation insurance. While we do not represent clients in claims for worker's compensation, we do handle situations involving allegations of discrimination for applying for those benefits.
IMPORTANT : The previous is presented for general information purposes only. The information on this website does not constitute legal advice . If you are experiencing a situation that implicates the laws of the workplace, you should consult with an attorney to obtain advice regarding your situation.