Employment relationships can grow and prosper when there is a good match between employee and employer. In situations where the employee perceives certain comments or actions by the employer as being motivated by race, sex, or other protected grounds, however, a difficult situation can develop. Allegations of employment discrimination are serious and can impact your company’s reputation and standing from the moment they are leveled. This type of challenge must be met proactively or potential legal damages will only make-up part of the consequences. Businesses that face employment discrimination allegations may also find increased difficulty in recruiting top talent.
Furthermore, businesses can also run into potentially intractable disputes due to the perception that a current or former employee has violated the company’s intellectual property rights of the company. The alleged violation may involve a trademark, copyright, trade secret, compiled customer lists, or some other intellectual property of the business. Businesses must protect their investments into IP, processes, and methods.
The Heyman Law Office can provide businesses and individuals with with experienced and strategic litigation representation for an array of employment disputes. To schedule a confidential legal consultation with an experienced commercial litigator call 410-762-0140 today.
Employment Disputes Due to Allegations of Discrimination
Allegations of employment discrimination can arise under an array of circumstances. Perhaps a manager or another employee attempts to make a slightly off-color joke that is interpreted as a personal or racial attack by an employee. In other circumstances an employee may believe that he or she has noticed a particular pattern of discrimination on the basis of race or another protected class. In short, when discrimination is alleged it must involve one of the protected classes under applicable state or federal civil rights legislation. Typical protected classes where discrimination is prohibited are:
- National Origin – national origin is concerned with the nation where an individual was born.
- Race – It is illegal to discriminate against an employee or to take adverse action based solely on his or her race or ethnicity.
- Religion – Employers are prohibited from discriminate against employees because they follow or adhere to a particular religion..
- Gender – Employers may not discriminate because of sex or gender.
- Disability – Employers may not discriminate against people having or affected by certain disabilities. Furthermore, under the Americans with Disabilities Act employers may also be required to make certain reasonable accommodations for disabled employees.
- Sexual Orientation – many states (including Maryland) and local jurisdictions protect employees against both sexual orientation and gender identity discrimination.
All employee discrimination claims must be taken seriously by the employer, and employers must have systems in place before such events occur to attempt to shield themselves from liability and protect their employees. Failure to address complaints regarding discriminatory conduct and practices can result in serious consequences – not only in the courts, but also in the press and social media.
Employment Disputes Due to Violations of Company Policies and Practices
Having a well-drafted and thoroughly considered employee handbook should be the starting point for addressing any employment dispute. Situations where the handbook is unclear, contradictory, or otherwise lacking in guidance can place an employer and management into a difficult position. A lack of clear, defined standards for situations where discipline is appropriate can lead to employees challenging the action taken. Challenges can undercut the authority of management, harm company morale, and cause distractions that harm productivity.
The Law Firm of William S. Heyman understands and emphasizes the importance of a well-drafted handbook. Therefore we have made arrangements with AGHR Consulting to provide handbook and other Human Resources-related services while controlling costs. Addressing HR concerns before they transform into employment litigation can save your company significant time and resources in the long-run.
Employment Litigation Due to Violation of Non-Competes & Other Restrictive Covenants
Restrictive covenants such as non-competes and non-solicitation agreements can protect your vital business interests. However, non-competes must be properly drafted and narrowly tailored because they are generally disfavored by the courts. However a non-compete that is narrowly and reasonably drawn in geographic scope, time, and subject matter most likely will be held to be enforceable. Mr. Heyman can ensure that your practices regarding restrictive covenants are likely to result in an enforceable contract. Furthermore, if a current or former employee is violating the terms of the agreement, he can file for an injunction to promptly enjoin the former employer’s harmful actions and obtain damages for the losses caused by his or her wrongful conduct.
Experienced Attorney handles Employment Litigation
Attorney Bill Heyman and all the attorenys of the Heyman Law Office are dedicated to providing employment dispute representation to an array of businesses and individuals in the tech, healthcare, financial, and real estate industries. To schedule a confidential consultation regarding how the firm’s representation or litigation services can benefit your business, call 410-762-0140 or contact us online.