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Employment Law:

Employment Law

Employment law is the body of law that addresses all matters pertaining to the employment relationship.  Employment law includes within employment discrimination, labor law and civil rights claims relating to governmental employees.

Employment Contracts
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Non-compete Agreements
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Confidentiality Agreements
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Non-solicitation Agreements
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Employment Policy Manuals
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Employee Handbooks
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Health/Life/Vision/Dental Insurance
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Severance Agreements
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Employee Discipline and Discharge
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Employee Privacy Rights
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Wrongful/Retaliatory Discharge
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Disability & Retirement Pensions
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Unemployment Compensation
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Whistleblowers
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Wages and Overtime
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Employment Discrimination

Employment discrimination occurs when an employer makes an employment decision (i.e. hiring, firing, disciplinary action, promotion, demotion, pay, benefits, etc.) based on factors such as sex, age, color, race, national origin, religion, marital status, disability or sexual orientation.  Employment decisions that are substantially motivated by these factors constitute unlawful employment discrimination and are actionable against the employer.

Labor Law

Labor law is the part of employment law that addresses employment in a unionized workforce, including the rights of employers and of organized union workers employed under group employment contracts known as collective bargaining agreements.


          Some examples of labor law issues include union representation petitions; union election processes; collective bargaining over hours, wages, terms and conditions of employment; interest (economic) arbitration; grievance (contract administration) arbitration; unfair labor practices; strikes, lock-outs, picketing, secondary boycotts and other job actions; strike-busting and the use of temporary workers.

Civil Rights

Civil rights are the inherent rights that belong to American citizens by virtue of their U.S. citizenship.  Civil rights arise from the U.S. Constitution and federal statutes and are intended to protect each of us from governmental abuse and to provide us with a means to redress misuses of governmental authority and power.  Constitutional civil rights claims often arise in public employment settings where the government is the public employer (i.e. police departments, fire departments, school districts, etcetera).


          Some examples include the right to associate and assemble with other people of our choosing, the right to free speech and the right to practice individual religious beliefs (1st Amendment); the right to possess firearms (2nd Amendment); the right to privacy in your home and your things, and freedom from unreasonable governmental search and seizure (4th Amendment); the right not to incriminate oneself and the right to protection against excessive use of force (5th Amendment); the right to protection against cruel and unusual punishment (8th Amendment); and the right to due process of the law before being deprived of life, liberty or property (14th Amendment).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Disclaimer

          The information contained on this website is for informative purposes only and does not constitute legal advice.  No information contained on any website is a substitute for the well-researched legal opinion of a licensed attorney.  If you require legal advice, please contact us for an appointment with a lawyer.