Employment Law & Litigation
Employment litigation focuses on resolving legal conflicts between employers and workers, covering areas like discrimination, unpaid wages, workplace harassment, and violations of privacy. These cases deal with the intricacies of labor law to secure just treatment and proper compensation for both employees and independent contractors. In the gig economy, how workers are classified as independent contractors greatly affects their rights and benefits. It is crucial for workers to be aware of their legal rights and consult legal professionals if they suspect they have been misclassified or treated unjustly.
Audet & Partners, LLP advocates for individuals and class members in a broad spectrum of employee-related claims, including discriminatory practices in hiring, firing, and compensation, as well as whistleblower/qui tam rights and intricate employment-related business litigation. The firm has a history of representing clients in privacy, retaliation, and related claims, securing substantial payments for both classes and individuals. With the capability to handle cases in state or federal courts, Audet & Partners, LLP possesses both the expertise and resources necessary to initiate and manage claims against some of the largest global corporations.
Common employment law cases we handle include the following:
Wrongful Termination
Not everyone who is dismissed qualifies for a wrongful termination claim, however, there are instances where employers discharge employees for unlawful reasons such as retaliation, discrimination, or whistleblowing. If you believe you’ve been terminated for any of these reasons, it’s advisable to consult with one of our California employment law attorneys who can assist you in recovering any owed wages and potentially other forms of compensation.
Workplace Discrimination
If you experience differential treatment at work due to your ethnicity, race, gender, age, religion, or disability, you might have grounds for a lawsuit. Such discrimination is illegal and holding your employer accountable is both your right and necessary. Examples of workplace discrimination might include being overlooked for a job because of racial bias, being passed over for a promotion in favor of a less qualified male, exclusion from opportunities due to religious practices, not hiring disabled applicants, or firing an employee due to age despite satisfactory job performance. Our attorneys have extensive experience with such discrimination cases.
Workplace Harassment
Harassment creates an unsafe and hostile work environment, encompassing a range of inappropriate behaviors from unwelcome sexual advances to physical threats or the dissemination of offensive jokes and insults based on race, sexual orientation, religion, or ethnicity. Some common forms of harassment our attorneys have addressed include inappropriate comments on a woman’s appearance, sexual jokes targeted at colleagues, use of racial slurs, mocking someone’s sexual orientation, derogatory remarks about a person’s religious beliefs, and age-related jokes.
Wage and Overtime
Employees working over 40 hours in a week are entitled to overtime compensation, and all workers should receive the wages promised to them. Instances of wage theft our attorneys have dealt with include employers paying less than the federal minimum wage, substituting paid time off for overtime compensation, requiring tipped employees to share tips with non-tipped staff like managers, and wrongly classifying employees as exempt from overtime. Commonly affected roles include waitstaff, sales personnel, IT professionals, mortgage brokers, call center workers, delivery drivers, and more. If you suspect you’re a victim of wage theft, contacting an attorney promptly is crucial.
Retaliation
It is illegal for employers to retaliate against employees who engage in legal actions against them, such as filing a lawsuit. Retaliatory actions can include wage reduction, demotions, reassignment to a lesser role, or scheduling changes that disrupt personal life. Despite legal protections, some employers might still engage in such behaviors. Our attorneys are committed to defending clients against such retaliation.
Recent FTC Ban on Non-Compete Agreements
On April 23rd, 2024, federal regulators, led by the Federal Trade Commission (FTC), implemented a nationwide ban on new noncompete agreements, a significant policy shift aimed at enhancing worker mobility across various industries. Noncompete agreements, which have traditionally bound employees from minimum-wage earners to CEOs, restrict workers’ ability to switch jobs within their field or start similar businesses, thereby limiting their economic freedom and potential for higher earnings. The new rule, approved in a 3-to-2 vote by the FTC, will make existing noncompete agreements unenforceable for most workers, although they will remain in effect for senior executives. This decision comes in response to over 26,000 public comments and is part of a broader initiative directed by President Biden to curtail what is seen as unfair use of such agreements. Critics, including the U.S. Chamber of Commerce, argue that this move could undermine competitive business practices, while supporters believe it will free tens of millions of workers from restrictive clauses that curb wage growth and job mobility, potentially increasing worker wages by nearly $300 billion annually.
What This Means for You
This ban, formally voted on and enacted on April 23, 2024, will not take effect for 120 days, with the estimated enforcement date set for August 21, 2024. Upon enforcement, the ban will void all previously signed non-compete agreements for the majority of workers. The only exception is for senior executives who earn over $151,164 and hold a policymaking position within a company. While this ban is likely to face legal challenges, it should still go into effect by late August 2024 unless these challenges succeed in overturning it. Therefore, if you currently have a non-compete agreement with a company, it can be enforced only until the enforcement date; after that, it will be considered void, and you will no longer be legally bound by it.
What our employment litigators offer:
Labor litigation is inherently complex and demands specific expertise and experience to effectively navigate a courtroom trial.
Employing skilled employment litigators can significantly enhance your ability to manage the intricacies of arbitration in employment law, handle crucial depositions, and tackle the various demanding aspects of the legal system. With the right legal team, your chances of success in securing a favorable verdict or settlement increase substantially. At Audet & Partners, we are committed to advocating relentlessly on your behalf, ensuring that no potential compensation is overlooked.
Our firm’s persistence is key in pursuing your case to its conclusion, securing the highest possible settlement for you. Without expert legal representation, determining the fairness of a settlement can be challenging, if not impossible. To achieve the best outcome from your legal disputes, it is essential to have a dedicated litigator by your side. This not only maximizes your potential compensation but also reduces the stress and uncertainty typically associated with legal proceedings. Choose a seasoned legal partner from Audet & Partners to guide your case with precision and tenacity. If you’re facing issues with wages & overtime, wrongful termination, workplace harassment, discrimination, or retaliation by your employer, consider reaching out to Audet & Partners, LLP. We offer a free, confidential case evaluation. You can contact us either by completing and submitting the inquiry form on the right side of this page or by calling us at (800) 965-1461.