Employment Law

Understanding Employment Law

What is Employment Law?

“Employment Law” is really a vast field that is not centrally organized or legislated by any one government agency or authority. State, federal and local authorities make laws and regulations that can apply to the workplace or affect a worker’s rights, both through legislation and “common law” decisions (judicial rulings in interpreting the law, that are generally considered binding precedent in other, similar cases in the future).

An American’s work and professional life can affect almost every area of his or her life. So can the law. Thus, law and work/workplace can meet in countless ways. Almost every area of life can intersect with the workplace and raise legal issues from quite varied “legal fields.” Employment law cases can raise many diverse and complicated issues dealing with the law relating to work, contracts, financial rights, health care, pensions, fringe benefits, workplace injuries (worker’s compensation and tort law), harassment, internet abuse, stalking, family law issues, short term disability (STD) insurance benefits, long term disability (LTD) insurance benefits, unemployment benefits, non-competes agreements, trade secrets, non-solicitation agreements, rights to accommodations for disabilities, the rights to be free of discrimination and retaliation on the basis of age, sex, race or disability status, and protection for reporting illegal conduct to a public body (e.g. a government agency) under the “whistleblower protection act.”

A great many state and federal common law rulings, statutes, administrative rules and legislation make up the practice and interpretation of employment law. Its governance falls under the umbrella of both federal and state statutes, as well as administrative regulation and judicial precedent.

When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another.

It is a complicated and important area of law, and good legal advice can be critical to solving tough problems that arise out of the workplace setting or the employment relationship.

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Read more about our specific expertise within employment and unemployment law by clicking the links below:

Wrongful Termination

Employment Contracts

Non-Competes

Sales Commission Disputes

Benefits & Compensation

Client Success Stories

Recent Employment Law Win #1:

A female employee was sexually harassed in the workplace. When she complained to her company’s Human Resources Department, she was targeted for retaliatory action and then fired. The employer claimed that it had “legitimate business reasons” for firing her, and claimed it was not retaliating against the employee for her reports to Human Resources about the sexual harassment. Employees and Employers should both be aware that Michigan’s Elliott Larsen Civil Rights Act (“ELCRA”) protects workers from sexual harassment in the workplace, and also from workplace retaliation such as reduction of work benefits or compensation, or retaliatory termination of employment. In this case, the firm assisted the employee with bringing a lawsuit and reaching a successful settlement agreement.

Recent Employment Law Win #2:

An executive was retaliated against by senior management for enforcing work rules against another worker. The executive was terminated, and the firm assisted the executive with litigation and negotiations. The executive ultimately received a very favorable severance and settlement agreement with the employer.

Client Success Story:

Employment—Health Care Law—HIPAA—Technology

A nurse working as a reviewer for insurance companies was falsely accused of accessing a medical office’s computer “wireless” network. The medical office was (appropriately) concerned about the security of its wireless network, especially in light of new regulations from the federal government. However, the office had provided the nurse its wireless access code and given her permission to use its wireless network months before. When she returned for her next visit, her laptop computer automatically loaded the wireless password and accessed the wireless system. The medical office was very upset that the wireless system had been accessed (certainly somewhat appropriately), but the office’s employees unreasonably refused to acknowledge that this was an innocent mistake, at least partly of their own making. They had given the nurse the password on her prior visit; it is common knowledge that laptop computers often automatically “save” passwords/wireless accesses. There was no claim at any time that the nurse did anything wrong or inappropriate with the access - indeed, she was still allowed access to do her job. Unfortunately, the medical office’s employees created significant difficulties for the nurse with her employer, with baseless charges of wrongdoing, and also involved an attorney who at least momentarily claimed that the client was guilty of a “federal crime.” The actions of the employees at the medical office seemed to repeatedly “make mountains out of molehills” and pressing toward making an innocent mistake (that they shared responsibility for and which caused no harm to any patient – and no unauthorized access whatsoever) a “federal crime.” Mr. Zelenock and his firm were able to persuade the medical office and its attorneys to be much more reasonable and to accept their share of responsibility. They quickly admitted that there was no evidence of any crime, and the matter could be closed without further harm to the nurse. It was a good resolution for the client, after she had faced a difficult cascade of unreasonable behavior targeting her.

Employment Law

Recent Win #1:

The firm assisted a long-time employee with advice and counsel regarding a severance agreement from his long-term employer. The employee was very pleased with the result and the separation from his employer.

Recent Win #2:

A female employee in her 50s was sexually harassed by the owner of a downstate company. The firm assisted her with her employment disputes and obtaining a successful resolution and agreed upon settlement.

Recent Win #3:

A local municipality had difficulties with an employee and needed labor counsel and advice to ensure they were properly complying with the terms of the collective bargaining agreement and their own municipal policies and procedures. The firm assisted with counsel and advice to help ensure the municipality handled the employment situation appropriately.

Recent Win #4:

A female employee was sexually harassed in the workplace. When she complained to her company’s Human Resources Department, she was targeted for retaliatory action and then fired. The employer claimed that it had “legitimate business reasons” for firing her, and claimed it was not retaliating against the employee for her reports to Human Resources about the sexual harassment. Employees and Employers should both be aware that Michigan’s Elliott Larsen Civil Rights Act (“ELCRA”) protects workers from sexual harassment in the workplace, and also from workplace retaliation such as reduction of work benefits or compensation, or retaliatory termination of employment. In this case, the firm assisted the employee with bringing a lawsuit and reaching a successful settlement agreement.

Employment Law – Counsel and Advice

The firm assisted a high level executive employee at a national manufacturing company about age discrimination and other problems with the company’s policies and procedures. The client felt pressured and retaliated against by the company as a result, and isolated from the management team. The company hired a law firm to conduct an “interview” of her, and she felt very threatened in her employment. The firm assisted her with meeting the challenges of the attorney interview process, and she kept her high-level employment with the company.

Government Employment – Employment Litigation

The firm assisted two public utility workers with reinstatement to their jobs in Traverse City. The City argued that they deserved to be terminated, but they were employed under “just cause” union contracts with the City that allowed the employees significant contractual rights to avoid termination, unless the government could establish a just and fair cause for their termination. After negotiations, the municipality agreed to reinstate the two employees to their full-time employment with full benefits.