Employment Retaliation

Retaliation is any action taken by an employer to punish or “get back at” an employee who reports illegal or discriminatory conduct or brings or participates in legal actions against the employer. Like discrimination, retaliation is illegal under federal employment law. Virtually all rights granted to employees under federal statutes are also protected from the threat of employer retaliation by laws and agencies.

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FMLA Retaliation

Employees are legally entitled to up to twelve weeks of medical leave per year, although employers may decide whether this time off will be paid or unpaid. If the company cannot reserve an employee’s position while he or she is on leave, the employee is entitled to a job with equal pay, benefits, and responsibilities.

 

Family and Medical Leave Act Retaliation

Employment Discrimination

Although discrimination in the workplace has been addressed in many federal laws, including the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Equal Pay Act (EPA), it continues to be a very real problem even today. Despite changes in society as a whole, many Austin employees still face on-the-job discrimination from both their employers and their peers.

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Unpaid Overtime and Misclassification

Employees are due overtime pay for working more than 40 hours per week in most situations. Federal law requires this.

Overtime generally means earning additional pay for time worked after the employee ends a regular workday, usually an eight-hour day. If you work overtime, your employer must do two things:

  1. Keep detailed time records, and
  2. Pay at least one and a half times your regular pay rate.

Free Case Evaluation

Want an employment lawyer to review your potential case?

A lawyer (not a paralegal) will review your case and get back to you within 24 hours (unless it’s a holiday, the weekend, or we both happen to be in trial).

Kinds of cases we can help you with:

  • Whistle blower, including hospital and nursing home retaliation
  • Failure to pay overtime wages, equal pay, or other wage disputes
  • Discrimination, including age, gender, race, pregnancy, national origin, constructive discharge and more
  • Workplace retaliation including FMLA, Worker’s Compensation, SOX and OSHA retaliation, refusing to perform an illegal act.
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Dominic and Andrew both worked on my file. From start to finish, they did a phenomenal job. they promptly communicated, fought for fairness and made a very difficult situation as less stressful as possible. They were very knowledgeable about my industry and the employment rights and laws associated with it. They went above and beyond on a very complicated situation and I would recommend them without reservation. Definitely a couple of the best attorneys in Austin.

EC

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