Employment Law – Olivio Law Firm PLLC, Charleston, WV
Law Office in Charleston for Employment Disputes
The Olivio Law Firm, PLLC has extensive experience representing workers in employment disputes arising from improper company practices. The law regarding relations between employer and employee is complex, often governed by both state and federal laws and regulations. You may have heard that West Virginia is an “at will” employee state. While true, the law does not give employers unchecked authority to treat employees however the employer may wish. There are numerous exceptions and limitations to the “at will” employee doctrine. The Olivio Law Firm, PLLC can help when the employer has crossed the line.
Employment-Related Claims & Negotiation
The attorneys at Olivio Law Firm, PLLC commonly see valid claims arise from the following areas:
- Workers Compensation discrimination involving some type of negative treatment after an employee has been hurt on the job and has applied for or is receiving Workers’ Compensation benefits.
- Sexual harassment involves improper behavior of a sexual nature within the workplace. The offensive behavior can be in the form of words, jokes, physical touching or simply the general nature of the workplace environment.
- Violations of the West Virginia Human Rights Act which prohibits workplace discrimination that is based upon race, religion, color, national origin, ancestry, sex, age, blindness or disability. The law prohibits discrimination that is based upon a person’s age, gender, racial minority status and many other exceptions.
- Retaliatory or wrongful discharge claims involving adverse action taken against the employee who reports a violation by the employee such as an OSHA complaint or refusing to engage in improper or illegal activity. These claims area commonly referred to as “whistle blower” claims, and such retaliation is often a basis of claim.
- Wage Payment and Collection Act claims arise when an employer fails to pay the employee all wages due to the employee after the employee quits or has been fired. Generally, if you are fired from your job, your employer must pay you all wages and benefits due within 72 hours from the time of discharge.
- The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and various state laws provide protections and re-employment rights to members of the armed services. These statutes protect in disputes arising from employees’ military service.
- Employment contracts and agreements with employees restricting their ability to take an employer’s customer or confidential information to a competitor can sometimes become a matter of dispute, requiring practical and enforceable agreements and in enforcing them through litigation, if necessary.
- Good employment practices, employee handbooks, and practical and lawful employment policies minimize the potential disputes between employers and employees. We assist employers in preparing effective employee handbooks and policies. We train managers and supervisors on compliance with EEO and wage and hour laws and the employer’s policies. We train employees on their responsibilities in the workplace and their protections under EEO statutes.
- The federal Family and Medical Leave Act (FMLA) and state leave laws require that under certain circumstances employees receive leave for their own medical condition, the medical condition of a family member or related military service member, or such family-related events as the birth of a child or adoption of a child, or the deployment of a military service member. An employee’s entitlement to leave is determined by a detailed analysis of the employer’s and the employee’s circumstances. We assist employers in ensuring that they comply with these complex leave laws, and we help employees obtain the leave to which they are entitled.
At the Olivio Law Firm, PLLC, in Charleston, West Virginia, we have the necessary experience in employment discrimination cases to properly evaluate your claim, build your case and reach a successful outcome. If you feel you have been the victim of discrimination in the workplace, contact the attorneys at the Olivio Law Firm, PLLC for an experienced opinion regarding your rights.
Contact us today for a free consultation: (304) 414-0222 Olivio Law Firm, PLLC. People driven. West Virginia Proud.