Pond Lehocky Stern Giordano practices employment law in addition to workers’ compensation, long-term disability and Social Security disability.
Employment law relates to the employee/employer relationship. A wide range of federal and state laws are designed to protect employees like you from unfair labor practices, unsafe work conditions and discriminatory treatment. These include the Fair Labor Standards Act, Family and Medical Leave Act, Civil Rights Act and OSHA safety regulations. The laws can be complicated and confusing. With a knowledgeable employment lawyer at your side, you can be sure your rights are protected. Let us review your potential claim at no charge through the contact form below, and help you understand what steps to take next.
Our employment law department is headed by Attorney Erica Shikunov, whose background contributes to her new leadership role. Erica practiced both employment law and workers’ compensation litigation at previous firms before she joined Pond Lehocky Stern Giordano in 2016.
We assist clients who are victims of:
- Wrongful termination, including discharge due to pregnancy
- Discrimination, including gender, race, religion, age, disability, etc.
- Americans with Disabilities Act (ADA) issues, including failure to accommodate work restrictions and automatic termination policies
- Family Medical Leave Act (FMLA) issues
Know Your Rights
- In any general discrimination case, employees must report the conduct. If an employee quits due to bad conduct, it makes the case much harder to litigate.
- An employee cannot be terminated due to pregnancy.
- Workers’ compensation does not excuse an employer from Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA) violations.
Identifying an Americans with Disabilities Act (ADA) case
- Employer must have at least 15 employees. Employer is required to provide ADA paperwork for a physician to complete regarding any accommodations an employee may need.
- Employer is required to engage employee in the “interactive process” in identifying reasonable accommodations.
- An accommodation cannot place an “undue burden” on the employer- the larger the employer, the less of an argument there is for this.
- An unpaid leave of absence is a reasonable accommodation as long as it is limited in duration.
Identifying a Family Medical Leave Act (FMLA) case:
- Employer must have at least 50 employees and employee must have worked for Employer for a year and for 1,250 hours within that year to qualify for FMLA leave.
- Client must suffer from a qualifying injury. FMLA leave need not be consecutive leave.
- FMLA leave can be intermittent, meaning that a client who needs to leave for physical therapy or doctors’ appointments or because of intermittent symptoms (good days/bad days).
- FMLA protects position for three months of leave whether the leave is consecutive or intermittent.