Employment law
Employment law covers a complex network of laws that control how employers must treat employees, former employees, and applicants for employment.
Our firm has experience in interpreting and construing state and Federal statutes and case law in areas such as employment discrimination, affirmative action, sexual harassment, whistleblower litigation, wrongful discharge, employment contracts, covenants not to compete, severance package negotiations, the Americans With Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notification Act (WARN), the Federal Employer's Liability Act (FELA), the Occupational Safety and Health Act (OSHA), Employee Polygraph Protection Act of 1988, the Uniformed Services Employment and Reemployment Rights Act (USERRA), and other special laws governing employment.
The federal law (Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act) and the law of South Carolina (S.C. Human Affairs Code) make it illegal to discriminate in any aspect of employment, including:
- hiring and firing;
- compensation, assignment, or classification of employees;
- transfer, promotion, layoff, or recall;
- job advertisements;
- recruitment;
- testing;
- use of company facilities
- training and apprenticeship programs;
- fringe benefits;
- pay, retirement plans, and disability leave; or
- other terms and conditions of employment.
Illegal discriminatory practices under these laws also include:
- harassment on the basis of race, color, religion, sex, national origin, disability, or age
- retaliation for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices.
- Employment decisions base on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and
- Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.
Employers are also required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.
For those folks whose claims are not governed by one of these statutes, there are other laws that may apply. For instance, South Carolina courts hold in limited circumstances that employer policies can be construed as contracts and employees can sue their employers for breach of contract when an employer fails to comply with their own handbook or policy. In some situations, state law may provide a better remedy than the federal law.
Regardless of whether your claim falls under State or federal law, every claim has certain statutes of limitations and other requirements that must be adhered to. If a person fails to act timely and misses a statute of limitation then the person's right to pursue the matter may be forever barred. In some discrimination cases, the statute limitations can be as short as 180 days. So retaining legal representation early is key to preserving your rights.
If you have any questions, inquiries or desire representation with regard to any of these types of claims, please send your questions to rsneed@fosterfoster.com
For more information about:
- Age discrimination (ADEA)
- Disability discrimination and hostile work environment (ADA and Rehabilitation Act)
- Discrimination or hostile work environment based on race, color, sex, gender, national origin, ethnicity, or religion (Title VII)
- Employment contract disputes
- Equal Employment Opportunity Commission (EEOC) and South Carolina Human Affairs Commission (SCHAC)
- Equal Pay Act (EPA)
- Family Medical Leave Act Claims (FMLA)
- Military leave laws (USERRA) and veteran discrimination
- Occupational Safety and Health Administration (OSHA)
- Pregnancy discrimination
- Retaliation, whistleblower, and free speech violations
- Severance package review, layoff and reduction in force (RIF) agreement review and negotiation (dual)
- Sexual harassment and hostile work environment (Title VII)
- Wage disputes, including: overtime, minimum wage, bonus, and vacation issues, Fair Labor Standards Act (FLSA), the SC Wage Payment Act
- Wrongful discharge or wrongful termination
