As a civil ligitation attorney, David Shulick has handled numerous cases that deal with the varied issues that fall under the compass of employment law. Below, you will find a list of common employment law issues that are often debated in courtrooms, with the plaintiffs often being the employee and the defendants the employers.
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David Shulick - Employment law issues
1. David Shulick : Employment Law Issues
As a civil ligitation attorney, David Shulick has
handled numerous cases that deal with the varied
issues that fall under the compass of employment
law. Below, you will find a list of common
employment law issues that are often debated in
courtrooms, with the plaintiffs often being the
employee and the defendants the employers
2. Employment Law Issues - David Shulick
Discrimination
Retaliation
Misrepresentation
3. Discrimination
Discrimination lawsuits are a big issue when it comes to
employment law as they are often a result of systemic issues that
need to be dug up in order to protect the future of the business as
well as its employees. Laws such as the Civil Rights Act of 1964,
the Americans with Disabilities Act and many more are enacted
to abolish discriminatory policies that allow companies to treat
someone in a negative manner due to their age, race, color of skin,
sex, religion and disability.
4. Retaliation
There are many instances in which a worker will speak up against a
discriminatory policy or some other kind of illegal act performed by
his or her employer; and in response, the employer will punish or even
fire that employee. Furthermore, if the employer wants to fire the
employee for the action but realizes how illegal it is, he or she may
instead alter the workplace in a hostile or highly uncomfortable fashion
that ultimately forces the employee to quit. This tactic is known as a
“constructive termination” and can also be viewed as illegal. Any of
the aforementioned types of retaliatory action are deemed illegal and
can entitle the employee to damages if held up in court.
5. Misrepresentation
Misrepresentation is an issue that happens more commonly in larger
companies that attempt to misrepresent their employees by giving them
titles that go dramatically above or beyond that of their daily duties.
This is often done in order to get fraudulent tax breaks or to simply
enable the company to squeeze more out of the employee than the
government believes it should. For example, calling a cashier a
“manager” might allow the employer to exercise actions such as
exempting the employee from overtime pay, leaving the entry-level
worker to endure longer hours and tougher working conditions without
enjoying the benefits of seniority, pay rate or leadership that would
normally come with the “manager” title. The total opposite could
happen too, where people fulfilling managerial duties are kept in a
lesser title and lesser pay grade. Both scenarios as well as similar ones
are applicable in employment law cases.