Employment Law


What is considered employment Law?

Lawyers at Owens, McCrea & Linscott provide legal representation to both employers and employees in employment law disputes.  For employers, we will work with you to help you avoid problems by putting together an employee handbook that will outline policies in compliance with applicable state and federal laws.  We can also assist you make a proper termination payment or a fair severance package.  We have experience pursuing trade secret misappropriation, unfair business practices and competition, and violations of employment contracts.  In the event you are faced with a claim of wrongful termination, violation of the wage and hour law, employment discrimination, sexual harassment, or whistle blower retaliation, our lawyers will provide you with a competent and quality defense.

Owens, McCrea & Linscott also provides representation to employees who have been wrongfully terminated, discriminated against, subjected to sexual harassment, or have a wage dispute.

Sexual Harassment

When a person experiences sexual harassment in the workplace, it can be one of the most upsetting situations of that person’s life.  If you are in this situation, you are in the position of either submitting to the harasser or risking the loss of your job and your ability to make a livelihood.  The law of sexual harassment is in a constant state of flux as the courts continually redefine what “sexual harassment” means and how it applies in differing contexts.  If we accept your case, our firm will work with you by explaining the law to you, by presenting a claim against your employer, and by seeing it through to a final resolution.

Discrimination

It is against the law for an employer to discriminate on the basis of age, disability, race, sexual orientation, national origin, gender, or pregnancy.   If you are a member of one of these protected classes and have suffered an adverse employment action (or the lack of reasonable accommodations in the case of a disability), you potentially have a claim against your employer.  To prevail, however, you must also establish that your employer acted on the basis of discrimination and not out of a legitimate business purpose.  If you believe your circumstances fit within these parameters, please contact our office and schedule an initial consultation.

Wrongful Termination

Not all terminations are unlawful.  A termination may be unfair, but may have been legal.  Determining whether a legitimate claim exists against your employer requires an analysis of many factors based upon your situation.  Please contact our firm for a face-to-face consultation. 

Wage Disputes

The federal Fair Labor Standards Act and state wage-hour laws provide mandatory requirements regarding compensation for wages and hours.  Wage disputes can arise when an employee is not paid properly for breaks, overtime, vacations, or is wrongfully classified as exempt.  In addition to the amount of wages owed, an employer may also be liable for attorney fees and penalties.  If you suspect a violation by your employer, Owens, McCrea & Linscott will help you obtain appropriate relief, including unpaid wages and all other applicable damages.