Are you considering leaving your job to start your own business or joining a competing company? You’re far from alone as employees and employers continue to navigate “The Great Resignation“. You’re also not alone in worrying about your non-compete agreement and potential litigation resulting from your move.
There will never be a risk-free transition, but you can take steps to minimize your risk. A knowledgeable employment law attorney can advise you on specific circumstances, but the following tips apply to most transitions.
Read Between the Lines
You may not officially have a non-compete agreement, but overbearing non-solicitation and trade secrets agreements often masquerade as non-compete agreements. An attorney can advise you about your rights and obligations before you switch jobs.
Don’t Leave In a Firestorm
Many employees have exposure to non-compete litigation but aren’t sued; don’t give your current employer a reason to feel good about raking you over the coals on your way out. If you have nothing nice to say about your current employer, don’t say anything. Also, avoid any actions threatening your employer, such as taking your coworkers with you.
Don’t Take Any Unnecessary Data
Taking customer lists that the company owns and other sensitive data is a red flag for employers, making litigation more likely. Of course, there are legitimate reasons to take data with you – such as ownership of customer lists or preservation of evidence – but you should consult an attorney to ensure you are going about things the right way.
Be Aware of Geographical Restrictions
Many non-compete agreements contain geographical restrictions. This issue is starting to wane due to more remote positions, but starting a new business in the same geographic market as your current company can create an additional risk of litigation.
Don’t Let Fear of a Non-Compete Limit Your Career Aspirations
It’s good to be thoughtful and cautious when considering a career move. However, don’t let fear of a potential non-compete lawsuit stop you from pursuing your career goals. Seek the advice of a proven employment lawyer to put your mind at ease and ensure you have the information you need to make a confident decision about your next step.
Enacted in 1994, USERRA serves as a crucial piece of legislation designed to safeguard the employment and reemployment rights of service members who leave their civilian jobs to answer the call of duty. The goal was to ensure those returning from service could more easily reintegrate into the workforce. What are the key provisions of USERRA, and what does it do?
What is the Uniformed Services Employment and Reemployment Act?
Under certain circumstances, the USERRA requires employers to save an individual’s job for them while they serve in the military. This allows them to pick up where they left off in a timely manner when returning to civilian life. It also gives them certain protections regarding discrimination they may face as a result of their service.
What Are the Requirements to Qualify Under the USERRA?
In order to qualify under the USERRA, there are several considerations:
- If the employee serves 31 days or less: They must return to work by the beginning of the first regularly scheduled work period after the end of the calendar day of duty. Time is required to return home and have an eight-hour rest period. If these requirements are deemed unreasonable or impossible, then as soon as possible.
- If the employee serves for 31 to 180 days: They must apply for reemployment no later than fourteen days after the completion of their military service. If this is deemed unreasonable or impossible, then do it as soon as possible.
- If the employee serves 181 days or more: They must apply for reemployment no more than 90 days after the completion of their military service.
- If the employee suffers from a service-connected injury or illness: Their reporting and application deadlines are extended for up to two years if they were hospitalized or recovering,
If You Have Questions, Contact an Attorney
If you are having a challenging time recovering your job after returning from service, we can help. Please do not hesitate to contact our office at (248) 519-2313 to see how we can help you on your legal journey. An experienced attorney can provide personalized guidance tailored to your specific situation, helping you navigate the complexities of USERRA and ensuring that your rights are protected.
If you’re over 40, the federal Age Discrimination in Employment Act (ADEA) protects you from age-based discrimination at work. This law prohibits employers from treating you unfairly because of your age when it comes to hiring, firing, promotions, or benefits.
It’s worth emphasizing that age discrimination isn’t just about being fired. It can also happen if you’re passed over for a promotion or don’t receive the same training opportunities as younger coworkers. If you believe an employer has discriminated against you due to your age, you can file a lawsuit to stand up for your rights and seek justice.
Filing an Age Discrimination Lawsuit
If you face age discrimination at work and decide to take legal action, your case will likely proceed through the following typical stages:
- Consulting a Lawyer: First, you should find a knowledgeable employment law attorney. They will guide you through the legal process and represent your interests.
- Gathering Evidence: Next, your lawyer will collect any evidence supporting your claim of age discrimination. This might include emails, witness statements, or examples of younger employees receiving better treatment.
- Filing a Charge with the EEOC: Before bringing suit, you must file a charge with the Equal Employment Opportunity Commission (EEOC). Your lawyer will handle this step. The EEOC will review your case and decide if it should investigate.
- Waiting for the EEOC to Investigate: If the EEOC investigates, they’ll gather more information from you and your employer. Their goal is to understand if age discrimination occurred.
- Receiving EEOC’s Decision: After investigating, the EEOC will decide whether it can act on the information it’s undcovered. This might involve working with the employer to correct its behavior or taking them to court.
- Filing a Lawsuit: If the EEOC doesn’t find evidence or if a settlement isn’t possible, you can sue. Your lawyer will handle the legal work, like preparing documents and representing you in court.
- Attending Mediation or Trial: Depending on the case, you might go through mediation to reach a settlement or proceed to trial. Your lawyer will argue on your behalf, presenting evidence and witness testimonies that support your claim.
How an Age Discrimination Lawyer Can Help
If you have experienced age discrimination at work, a lawyer can listen to your story and determine if you have a strong case. Then, they can gather and organize evidence, like emails or witness statements, to support your claim. After preparing your case, your lawyer will file a charge with the Equal Employment Opportunity Commission (EEOC) on your behalf, following all filing procedures as necessary.
If your case goes to court, your attorney can represent you and handle all the administrative details of your lawsuit. Throughout the process, they communicate with you, keep you informed, and offer advice. With their knowledge and support, an age discrimination lawyer empowers you to stand up against unfair workplace treatment based on age.
Contact a Michigan Age Discrimination Attorney
If you’re facing age discrimination at work, remember you’re not alone. Just Right Law is here to help you fight for the respect and fairness you deserve. Our experienced age discrimination lawyers understand the challenges you’re facing and are ready to provide the support and guidance you need.
Don’t let age discrimination in the workplace hold you back any longer. Contact Just Right Law today for an initial consultation.
Whistleblowers play a vital role in discovering and prosecuting illegal acts such as fraud in our economy. Therefore, it is crucial to ensure whistleblowers can come forward with the confidence that state and federal laws will protect them from retaliation.
Fortunately, many laws protect whistleblowers who uncover misdeeds such as fraud, wage theft, and discrimination, including:
- OSHA whistleblower protections
- MIOSHA workplace safety enforcement
- Michigan Whistleblower Protection Act
- Discharge in breach of public policy common law protections
- False Claims Act
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- IRS whistleblower protections
- Affordable Care Act protections for healthcare whistleblowers
Other industry-specific laws protect some workers or cover specific types of violations. A knowledgeable employment law attorney can help you protect your rights under all whistleblower protection laws.
Act Quickly to Protect Your Legal and Financial Interests
Each source of protection has its legal limits, administrative or procedural processes, and applicable reporting deadlines – some as short as 30 days. If you are a whistleblower, it is crucial to move quickly with the help of experienced counsel who understands how to navigate the justice system for your benefit. Contact us today for a consultation.
If you’ve experienced workplace discrimination, you may have many questions. Below are some questions our lawyers receive most frequently. During your consultation, your employment attorney can address your concerns and give you more personalized guidance.
Employment discrimination occurs when an employer discriminates against an applicant or employee based on certain protected characteristics. These characteristics often include:
- Sexual orientation
- Gender identity
- National origin
- Status as a protected veteran
When an employer discriminates against a person or group of people for any of the above reasons, it can involve:
- Refusing to hire
- A cut in salary
- Denying benefits
Discrimination can create an unfavorable work environment for victims, affecting their livelihood and mental health.
Anti-discrimination laws exist to protect individuals from discrimination, not only at work but in general. Some of the most important laws include:
- Title VII of the Civil Rights Act of 1964: Protects against employment discrimination based on race, color, sex, religion, and national origin
- Age Discrimination in Employment Act of 1967 (ADEA): Protects individuals who are 40 years of age or older from discrimination
- Equal Pay Act of 1963 (EPA): Protects men and women who perform equal work for the same employer from wage discrimination based on sex
- Americans with Disabilities Act of 1990 (ADA): Prohibits employment discrimination based on disabilities
- Genetic Information Nondiscrimination Act of 2008 (GINA): Prohibits employment discrimination based on an applicant, employee, or former employee’s genetic information
There are also state-specific anti-discrimination laws, including the Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act.
If you’re experiencing discrimination in the workplace, you’ll generally experience unfair treatment. Common signs of employment discrimination include:
- Being passed up for advancement opportunities
- Being excluded from meetings and conversations
- Negative comments and jokes
- Being denied accommodations
- Unequal pay
- Unjust disciplinary actions
If you believe you’re the target of discrimination, don’t hesitate to take action and consult with a skilled employment attorney.
Getting fired is an unpleasant experience, but it may not give rise to a discrimination action. Michigan is an at-will employment state. This means, with few exceptions, employers are allowed to fire their employees at any time for almost any reason. Similarly, employees can quit their jobs for just about any reason, with some exceptions.
Still, firing someone based on race, sex, color, etc., is not legal. Therefore, if you believe you’ve been wrongfully terminated based on discrimination, it’s important to seek legal assistance from an experienced employment lawyer.
If you think you’ve experienced discrimination in the workplace, begin documenting your experience(s) as quickly as possible. Gather any documentation that could serve as evidence, including emails and letters. If someone witnessed the discrimination, get a statement.
Speak with an employment attorney about your situation. A lawyer can determine how to proceed with your case based on the circumstances. This could include filing a formal complaint with the Michigan Department of Civil Rights (MDCR) or the Equal Employment Opportunity Commission (EEOC). Additionally, you may have the opportunity to file a lawsuit against your employer.
Call Us Today to Speak with a Michigan Employment Discrimination Lawyer
A seasoned employment attorney at Just Right Law can assist you with navigating your legal challenges and represent your best interests from beginning to end. Having a lawyer on your side can help ensure you get the fair result you deserve. Contact our firm today to discuss your case.