Practice Areas :: Employment/civil rights
Employment Discrimination
We are experienced in representing employees and former employees in discrimination claims against their current and former employers. Discrimination claims can include:
Age
Disability (failure to accommodate and physical access issues)
National Origin
Pregnancy
Race
Religion (discrimination and failure to accommodate)
Sex
Sexual Orientation
If you feel that you have been discriminated against, contact us at: info@stewartandmusell.com.
Sexual Harassment
The Equal Employment Opportunity Commission defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.
Sexual harassment can occur in a variety of circumstances, including but not limited to the following:
- The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
- The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
- The harasser's conduct must be unwelcome.
It is helpful for the victim to inform the harasser directly that the conduct is unwelcome and must stop. The victim should use any employer complaint mechanism or grievance system available.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on sex or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under Title VII, as well as state law.
If you feel that you have been sexually harassed, contact us at info@stewartandmusell.com.
Employment Contracts and Severance Agreements
Employment Contracts
Stewart and Musell can assist with negotiating an employment contract with a prospective employer. Many terms and conditions of employment, including but not limited to, wages, benefits, stock options and length of employment can be negotiated. Stewart and Musell can ensure that you have the right information to make informed decisions regarding your prospective employment and ensure that you have a thorough understanding of your rights and duties under the contract.
Our attorneys can also represent you when you believe your employer has breached a term of the employment contract. We can negotiate a settlement or proceed with litigation to recoup any losses resulting from the breach.
Severance Agreements
A severance agreement can be negotiated as an alternative to the very expensive and time consuming litigation process. Severance agreements can serve to resolve all potential causes of action against the employer including but not limited to discrimination, hostile work environments and breach of contract issues.
Salary, continued health benefits and attorneys fees may all be included as terms in a severance agreement package.
Contact us to discuss your options to pursue a severance package at: info@stewartandmusell.com.
Wrongful Termination and Whistleblower Actions
It is illegal for an employer to terminate an employee for a discriminatory reason, such as based on race, national origin, sex, pregnancy, religion, disability, age, marital status, sexual orientation or gender identity.
It is also illegal for an employer to retaliate against an employee for making a complaint of discrimination, or harassment, or for filing a charge of discriminatory treatment with a government entity.
Employers cannot fire an employee for making complaints of workplace safety, or complaining of violations of wage and hour laws.
If you feel that you have been terminated illegally, or that you are being retaliated against for making a complaint of a violation of law, contact us at info@stewartandmusell.com.
Wage and Hour Claims
Employers are required by law to pay you for your work!
Stewart & Musell represents employees in wage and hour violations on a class action and individual including:
Failure to Pay Overtime
Failure to Pay Minimum Wage
Failure to Pay Commissions
Failure to Reimburse Expenses, such as tools and uniforms necessary to the job
Failure to Provide and Pay for Mandatory Breaks
Failure to Pay Earned Vacation Pay
Working Off the Clock
If you feel that you have a claim of unpaid wages, contact us at info@stewartandmusell.com.
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