An Overview
Employment law is a very complex and multifaceted area of law. Attorney Simko has more than 20 years experience navigating through the complex legal issues that can encompass an Employment Law claim. Call our office and speak with Attorney Simko to help you to determine what your course of action should be.
Employment law covers the relationships between employers and their employees, as well as their potential and former employees. Both federal and state laws control various aspects of the employer/employee relationship, and each side's rights and obligations. Because of the complexity of the employment relationship, this area of law involves issues as diverse as discrimination and harassment claims, record keeping, taxation, and workplace safety.
There are also different types of employment relationships. Employment relationships can be based on a contract, or they can be at-will. If the employment relationship is based on a valid contract entered into by the employer and the employee, the terms of that contract will govern the relationship. By contrast, an at-will employment arrangement can be terminated at any time, with or without reason, by either the employer or the employee provided the reason is not for a discriminatory cause.
Experienced Employment Lawyer
You have the right to work without fear of being discriminated against or being harassed. If you feel that you are working in a hostile work environment, have experienced discrimination or harassment on the job, have been retaliated against, have been wrongfully discharged, or if you have been labeled a "whistle blower" call our office and speak with Attorney Simko. Attorney Simko also provides review of employment and severance agreements.
The Hiring Process
Applicants for employment positions have rights even before they become employees. Under state and federal law an employer cannot illegally discriminate during the hiring process based on race, national origin, gender, sexual orientation, pregnancy, age, disability, or religion.
State and local laws may specify additional protected classes based on issues such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of their hiring process, from placing the "help wanted" ad to interviewing the final selection of candidates. There are a few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A valid BFOQ occurs when the trait subject to discrimination claims is a valid and necessary job requirement. If you are concerned about discrimination in hiring, contact an the Law Office of V. Michael Simko, Jr., LLC to discuss your situation.
Workplace Discrimination - Sexual & Verbal Harassment
Harassment or discrimination can occur in many different forms. As an employee you have the right to be protected from harassment and discrimination because of race, creed, religion, gender, sexual orientation, age, or HIV/AIDS. You also have the right to be protected from retaliation for being a whistle blower.
Being forced to quit, or being wrongfully fired for any of these reasons qualifies as discrimination or harassment.
Unions
Unions exist for the sole purpose of representing workers in collective bargaining agreements with their employers. Collective bargaining is the process of negotiations between an employer and a group of employees to determine the conditions of employment. The result of those efforts is the collective bargaining agreement. This collective bargaining agreement will be the starting place for resolving disputes between the employer and their employees. Collective bargaining and union organization is governed by a federal law, the National Labor Relations Act (NLRA). If you are organizing a workplace or engaging in collective bargaining from either side of the table, contact a labor lawyer for experienced counsel on union issues.
Privacy Issues at Work
Technology is a boon to business, but it has also complicated privacy issues in the workplace. It is virtually impossible to conduct business today without using a computer. Technology has enabled employers to monitor virtually every aspect of workplace communications made by employees using computers. Many companies today take advantage of technology to monitor their employees' use of the Internet and to check employee e-mail. While employees may feel this monitoring is a violation of their privacy, it is allowed by law. Other employee activities (such as private conversations) receive more protections, while certain physical spaces (like locked desk drawers) may also receive privacy protections. Specific activities (like drug use) may lead to legal employer testing. To help you determine what is and isn't private in the workplace, call the Law Office of V. Michael Simko, Jr. LLC to discuss the validity of your company's privacy policies and procedures.
Employer Representation
Attorney Simko will also counsel employers on today's complex workplace issues focusing on human resources, employment and termination agreements, diversity training, risk management, and compliance with state and federal laws and regulations. For employers, the best way to win a lawsuit is to avoid one in the first place.
Attorney V. Michael Simko and his staff is experienced in practice before administrative agencies such as the Connecticut Commission on Human Rights and Opportunities (CHRO), Equal Employment Opportunity Commission (EEOC), Department of Labor (DOL), state and Federal Workers' Compensation Commission. Attorney Mike Simko is also admitted to all Connecticut State and Federal Courts.
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