Soldon McCoy Knows Employment Law

You can expect vigorous representation from attorneys with expertise in all areas of employment law and employment trends. Soldon McCoy attorneys have deep employment law knowledge along with experience across many industries, including transportation, health care, manufacturing, retail, construction, transportation, railroads and airlines, etc.

We provide counsel on the best approach to dispute resolution, minimizing the risks inherent in litigation and maximizing settlement amounts. When settlement is not possible, we will fully litigate cases so our clients are made whole for past and future damage.

Minimum Wage

While the minimum wage is truly a poverty wage, many employers nevertheless refuse to pay it. Some employers avoid paying minimum wage by classifying their employees as independent contractors. Anyone who knows that an employer is violating a minimum wage law should speak up.

Overtime Pay

Employees working more than 40 hours a week are entitled to overtime pay unless they are properly classified as exempt employees. Whether or not a salaried position is properly classified depends upon its job duties, not the job’s title. Work performed before or after a shift should be counted when determining the total hours in a work week, regardless of whether or not the employer is paying for the work; and the failure to pay is usually a wage and hour violation.

Whistleblower Claims

Under state and federal whistleblowers laws, an employer may not legally discharge, threaten or otherwise discriminate against an employee for reporting unlawful activity, such as workplace safety law violations, wage violations, discrimination, fraud or other legal violations. Adverse employment actions are likewise unlawful when in retaliation for engaging in protected concerted activity.

Family Medical Leave Act

The FMLA allows most employees to take up to 12 weeks of unpaid medical or pregnancy leave. We advise and represent workers and unions in disputes over family medical leave, including employees who were fired or retaliated against for taking an FMLA leave.

Plant Closing Laws

Under state and federal plant closing laws, most employers may not legally have a plant closing or mass layoff without first giving employees 60 days notice.

Wrongful Discharge

Employers may fire employees for any reason or no reason unless they are protected by a labor or individual employment contract. Consequently, an employee can make a claim for breach of contract where a termination violates a contract term. Similarly, union employees can challenge terminations through the grievance procedure in a labor agreement. Where a termination is based on age, race, disability, sex or religion, there may also be a claim for wrongful discharge.

Harassment

Harassment based on sex, age, race, religion, disability or membership in another protected class is unlawful. Sexual harassment includes unwanted sexual advances (verbal or physical), demands for sexual favors in exchange for employment or promotions, retaliation against employees who refuse a sexual advance or file a claim of sex discrimination, or a hostile workplace environment that is intimidating, offensive or abusive to a reasonable person. Please call Soldon McCoy to discuss your options for ending any unlawful workplace harassment.

Discrimination

Federal and State laws prohibit employers from discriminating against workers on the basis of their status in a protected class like their sex, gender identity, pregnancy, age, race, religion, disability or national origin. Our attorneys file discrimination-related claims in court and assist with the Equal Employment Opportunity Commission (EEOC) and the state equal employment process. We seek justice for employees who were fired, denied a promotion, not hired, or otherwise treated unfairly due to their status in a protected class.

Employment Law