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Employment Law 2017-11-08T19:59:26+00:00

EMPLOYMENT LAW

At Humble Law, LLC we work with employees to provide common-sense solutions that effectively manage risks and resolve employment disputes. Because we have represented both employers and employees in the past, we maintain a unique perspective on how the other side works. We use this experience to accurately assess potential risks and evaluate the merits of both sides of a dispute and use them to an employee’s advantage.

  • Personalized solutions based on your unique employment goals and needs.

  • Client-focused legal counsel that values the client as the priority.

  • Effective, aggressive, and ethical legal guidance from start to finish.

  • Comprehensive, thorough evaluation that discusses and determines your needs.

  • Receptive and responsive communication with your personal attorney.

  • Free, confidential, and no-obligation case consultations for prospective clients.

Our professional legal team can handle any type of discrimination case in Alabama, such as:

We have advocated on behalf of victims of all forms of sexual harassment, including:

  • Inappropriate touching
  • Indecent gestures
  • Sending explicit or sexually suggestive emails or messages
  • Staring in a sexually suggestive manner
  • Solicited sexual activity for job promotions
  • Unwanted comments or jokes of a sexual nature

A termination can be illegal if you:

  • Were terminated as a result of job discrimination
  • Have an employment contract with your employer and you were terminated in violation of this contract
  • Have what’s known as an implied contract, in other words, you don’t have a written employment contract, but you and your employer have come to a verbal agreement on continued employment
  • Were fired because you were a member of a union
  • Were fired for refusing to work in an unsafe workplace
  • Were terminated because of a pregnancy

Employer Retaliation includes:

  • Wrongful termination
  • Demotion
  • Denial of pay, promotion, overtime, or pay increase
  • Intimidation, threats, or disciplining

Some of the most common employer tactics include:

  • Classifying workers as “independent contractors”
  • Insisting that salaried workers aren’t owed overtime
  • Enforcing “off the clock” hours
  • Expecting frequent work from home or on-call tasks
  • Refusing to recognize workers working late or through lunch

While an employment contract may seem like a promising opportunity from an employer, there could be hidden terms and conditions that could affect your employment.

When terminating an individual’s employment, sometimes severance agreements are offered to discourage employees from suing their employer.  If given the option to sign a severance agreement, it may be beneficial to seek legal counsel to help with the decision.

DISCRIMINATION

Discrimination in the workplace can be described as employers treating a job seeker or an employee with different or unfavorable treatment because of their race, gender, disability, religion, age, pregnancy, sexual orientation, or military service. According to the Civil Rights Act of 1964, Title VII, employers are prohibited from discriminating in hiring, promotion, discharge, pay, benefits, job training, classification, referral and other aspects of employment on the basis of race, religion, gender or disability.

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SEXUAL HARASSMENT

Sexual harassment can be defined as unwelcome conduct of a sexual nature that creates an intimidating, hostile or offensive work environment. Examples of sexual harassment are sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature. Sexual harassment also occurs when tangible job benefits such as promotions or pay raises are based on an employee’s submission to conduct of a sexual nature.

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WRONGFUL TERMINATION

Alabama is an “At Will” state. This means an employer does not need a specific reason to terminate an employee. However, it is illegal for an employer to terminate employment if the employee has been discriminated against, retaliated against after adverse action or not being paid wages or overtime.  Even in an “At Will employment” state, employees who are promised “Just Cause” employment by his/her employer are not considered “At Will” and may be able to sue their employer if they are terminated without cause.

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EMPLOYER RETALIATION

It is illegal to terminate, demote, harass, refuse promotion, alter benefits, change job assignments, or otherwise retaliate against an individual for filing a complaint or lawsuit against an employer for discrimination or harassment, or to receive deserved benefits under various labor laws.

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OVERTIME VIOLATIONS

Common occurrences of overtime violations include failure to pay overtime, insist that employees work off the clock, and claims that employees are non-exempt.  Though they may try to avoid paying overtime, employers are required to pay hourly employees and some salaried employees in accordance with the Fair Labor Standards Act (FLSA).

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CONTRACT REVIEW

In today’s business, employers, executives, and other professionals rely on a wide array of employment agreements for the protection of their interests. Such contracts are often specialized and detailed. If you want to fully understand what you are being asked to sign, need to develop contracts suited to your needs as a business owner, or believe another party has violated the terms of a contract, it is important to seek counsel for review.

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SEVERANCE AGREEMENTS

There is no legal requirement that companies must offer a severance.  A severance agreement is typically given in writing in a document that also includes a release of claims against the company.  By accepting the severance and signing an agreement that contains a release of claims, you are agreeing not to bring a lawsuit against your former employer for any violations of the law that might have occurred while you were working at the company and through the date of your signature.

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YOUR STORY. OUR COMMITMENT.

“At Humble Law, we are committed to making the client experience exceptional.  We do not want their experience here to be like ‘other firms’.  Our clients are our biggest asset and we intend to treat them with the utmost respect and confidentiality when handling their legal matters.”

DUSTIN KITTLE   •   ATTORNEY, CEO

CONTACT AN ATTORNEY TODAY