Employment Law

Employment law can cover multiple areas including,

  • Discrmination
  • Harassment
  • Retaliation
  • Worker’ Compensation Retaliation
  • Contracts

Mr. McClain has years of experience litigating in each of these complex areas practicing employment law.

Discrimination and Harassment Based on a Protected Characteristic Is Prohibited

Several Federal, State and Local laws protect against discrimination and harassment in the workplace. When you are employed by a covered employer, the law protects you from discrimination or harassment based on race, color, national origin, age, sex disability, religion and other protected characteristics. Equality and freedom form the foundation of our civil system, and violations of these basic principles should be treated with swiftness and severity. Have you been treated unfairly in the workplace? Has a manager, co-worker or other business associate used your color, national origin, sex, age, disability, pregnancy, religion or protected characteristics to impose negative consequences on you or alienate you from the group?

Discrimination Is Not Uncommon

Workplace discrimination can take many different forms, and employees often may not realize its lasting effects in the place of employment. Many times discrimination goes uncorrected because the victim is too frightened to speak up or workplace discrimination may sometimes be hard to define and/or prove.

What does workplace discrimination look like?

Typically, discrimination occurs when an employee is denied a job, a promotion, receives adverse employment action or is disciplined or discharged based on a protected characteristic.

With over 12 years of combined experience, Mr. McClain has helped numerous employees gain the equality they deserve in the workplace. Contact us.

Disability Discrimination

Disability discrimination occurs when a covered employer treats a qualified individual with a disability unfavorably because she has a disability, a history of disability or because the employer believes the employee has a disability whether it is a hiring or termination decision or any decision that impacts the terms or conditions of employment.

Covered Employers Must Provide Reasonable Accommodations

Covered employers must provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer, an undue hardship.

The law also protects people from discrimination based on their relationship with a person with a disability, even if they do not themselves have a disability. For example, it is illegal to discriminate against an employee because her daughter has a disability.

Protect Yourself from Harassment

Workplace harassment is in many ways the antithesis of healthy and productive workplace behavior. A hostile work environment hampers growth and stability in the workplace, wasting time for employees and employers alike. Over the years Mr. McClain, has seen hundreds of employees suffer from workplace harassment and witnessed the negative impact it can have on the quality of life for all parties involved. Unwelcome comments or conduct, based on a protected characteristic, create an antagonistic and unfriendly setting that impedes the facilitation of growth and the healthy advancement of business objectives.

What is considered harassment?

Severe or pervasive remarks or behavior based on race, color, national origin, sex, age, disability, religion, or any other legally protected characteristics that excessively affects work performance or creates an unhealthy or intimidating environment may constitute workplace harassment.

Case law provides some standard examples of harassment in the workplace:

•Leering, or staring in a sexually suggestive manner

•Offensive remarks about appearance, attire or body parts

•Touching in a way that may make one uncomfortable, such as patting, pinching, or brushing up against one’s body

•Telling lewd sexual jokes or making lewd gestures

•Sending, forwarding, or soliciting sexually suggestive letters, text messages or images

Other forms of non-sexual harassment in the workplace:

•The use of racially derogatory words, phrases or labels

•Racial or ethnic demonstrations that may offend a particular racial or ethnic group

•Remarks about a person’s skin color or other racial/ethnic characteristics

•Negative comments regarding an individual’s religion, or lack thereof

•Derogatory age comments

Harassment claims require proof. Gaining the correct evidence and factual information needed to effectively present a legitimate workplace harassment claim can be a draining and laborious process. If you feel that you have been harassed in your workplace environment and that a hostile situation has been created as a result of this unfavorable behavior, Mr. McClain is available to speak with you regarding the specifics of your case. As each situation is unique, all individuals are strongly encouraged to seek legal counsel to determine the nature and severity of their personal situation, which is why we offer a free consultation. Contact us.

Employees Are Protected from Retaliation When They Engage in Protected Activity

When an employee makes a complaint regarding unlawful discriminaiton or harassment.  Retaliation can take the form of dismissal, reduction in pay or hours or other negative treatment that results in worse terms or conditions of employment.  Thus, when you believe you are subject to discrimination or retaliation, it is very important that you make the employer aware and follow it the employers’ established proceeds for filing a complaint.

Employees Who Attempt to File a Workers’ Compensation Claim Are Protected

When you suffer a workplace injury, you should immediately notify your employer and follow its procedure for reporting a workplace injury.  Once you have attempted to report a workers’ compensation claim, your employer cannot retaliate against you for reporting or filing that claim.  If you believe you are being retaliated for reporting or filing a workers’ compensation claim, please contact us.

Do Not Sign that Countract Without Consulting an Attorney

Employers sometimes require employees to enter into a contract related to their employment that can include employment agreements, non-competition or non-soliciation agreements and separation agreements.  These agreements contain valuable legal rights.  Do not sign away your rights without contacting us for employment law Tampa needs.