Employment law is governed by a combination of federal and state laws, as well as past court rulings. As employees become more aware of their rights and as courts rule on various employment issues, this area of the law is becoming more important and increasingly complex. Consequently, this area of our practice has grown significantly in recent years.
Advice to Both Employees and Employers
Whether you are an employee, a business owner or a manager involved in discrimination, harassment or other employment complaints, it is important to remain calm. It is hard not to feel emotional about these situations, regardless of which side of the complaint you represent, but unchecked emotions can only aggravate the situation. We believe that the less damage done, the better – especially if you intend to maintain a working relationship in the future. This is a time when attorneys, representing both sides, can help diffuse the situation and seek an equitable and reasonable resolution to the dispute.
Advice for Employees
We provide comprehensive representation for employees in all facets of their employment. Common areas in which complaints are filed against employers are:
- Sexual Harassment
- Employment Discrimination
- Wrongful Termination
- Administrative Law
o Workers’ Compensation
o Unemployment
Sexual harassment occurs when a person is subjected to unwanted sexual contact, language or anything of a sexual and intimidating nature. If you are an employee and feel that an employer, a supervisor, or a fellow employee is engaging in improper or offensive behavior of a sexual nature toward you, your first step should be to ask them to stop. If the behavior continues, there are a number of steps that may be taken. If your company has an employee handbook outlining the company’s procedures for handling these matters, you should follow it exactly. You should also document the time, date and instances of the unwanted harassment, as well as all of your attempts to stop it. No person should be subjected to this kind of behavior and you are within your legal rights to ask that it be stopped without any penalty to you. However, an attorney specializing in labor and employment law can give you good, practical guidance regarding the best legal way to deal with your specific situation. Having an attorney will be a great advantage to you if the behavior continues or if you are retaliated against in any way.
Employment Discrimination
Discrimination on the basis of race, sex, national origin, religion, age and physical disability are all against federal laws. Some state laws may also apply. Generally, when there is an overlap in discrimination laws, the federal law prevails. If you feel that you have been a victim of employment discrimination, you should contact an attorney as soon as possible regarding the best approach to the problem.
Wrongful Termination
Historically, Indiana has recognized two forms of employment: (1) employment for a definite period of time by a contract, usually written but sometimes oral; and (2) employment-at-will.
Employees, covered by collective bargaining agreements and others who have contracts with their employers, usually can be terminated only “for cause” before the end of the contract period. However, if the contract states that the employee may be terminated “at-will” within the contract period, the employee’s rights to pursue a wrongful termination complaint are severely diminished.
Many non-union businesses in the region have distributed statements and/or have requested written acknowledgement from the company’s employees that their employment is “at-will”. “At-will” employment can be terminated at any time - with or without cause - by the employer.
While employment law is changing and wrongful termination cases are being brought against “at-will” employers, pursuing these complaints remains challenging. If you feel that you have been wrongfully terminated, we will review your situation and advise you regarding whether your case might fall within the exceptions to the “at-will” doctrine.
If a company is found guilty of wrongful termination, it may be liable to pay you back-wages, fines, possible punitive damages, and/or you could be reinstated to your job.
If you feel that your legal rights have been violated by your employer, we will review your case and advise you regarding your options. If you decide to pursue a complaint, we do our best to bring a proper and rapid resolution. Our first act is to investigate your complaint. We then advise you regarding which remedies we believe are available to you. We may also offer guidance regarding the best conduct for you to use while at work and pursing a complaint. Often, these matters can be settled without court involvement. However, if litigation is required, we are experienced in representing employees in the diverse aspects of employment law.
Because we have represented companies in this area of the law, we are well equipped to anticipate an employer’s response to a complaint and offer expert counsel to you, as an employee.
If you contact us regarding a possible complaint, first be sure to inquire whether your employer is among our list of business clients. If your company should happen to be a client of ours, do not disclose any information about your case or your intentions to us. However, you may request a list of other labor attorneys in the area.
Advice for Businesses
For our business clients, we offer guidance on policy matters, management of employees and general business practice. We feel that the best approach is a preventative one in which company management understands the most favorable way to address employee issues and thereby avoid complaints and problems. This can usually be accomplished with the proper procedures and documentation, effective oral and written communication and ongoing management training. We can provide services to address all of these needs for our business clients.
However, the human element dictates that not all problems can be avoided. When there is a dispute or complaint, we offer guidance toward resolution. If the parties are unable or unwilling to resolve the problem, we can provide mediation, negotiation or litigation services.
Employment Services for Businesses:
Beasley & Gilkison represents employers regarding management issues such as collective bargaining, maintaining non-union status, handbook preparation and internal investigations. Beasley & Gilkison represents either individuals or management in matters regarding compliance with federal, state and local employment laws including such issues as race, sex, age, and other discrimination and harassment; wrongful discharge claims; workplace privacy; e-mail/internet abuse; telecommuting; accommodations for person with disabilities; FMLA and other employee leave questions; wage/hour inquiries; discipline and termination of employees; employment contracts (including post-employment restrictive covenants); and employee/independent contractor differences.
Labor Law
At Beasley & Gilkison, we have the knowledge and expertise to provide guidance and to negotiate labor issues and collective bargaining agreements.
Attorneys:
Mark A. Ervin
