Employment law covers the rights, obligations, and responsibilities within the employer-employee relationship. There are numerous such areas, from wage disputes and workplace safety issues, to discrimination, harassment, retaliation and wrongful termination.  Warnicke Law has specialized in representing employees for 25 years.

Terms to Know

• At-Will Employment: A type of employment relationship in which there is no contractual agreement and either party may end the employment relationship at any time, for any reason (unless doing so violates specific laws) or for no reason at all, without incurring a penalty.
• Back Pay: Lost wages or back pay is the most common and often the largest element of economic damages in an employment case, depending on factors such as the employee’s ability to find other employment and the time that lapses before trial. Back pay is broadly defined as all monetary awards based on earnings and other fiscal benefits that the employee would have received but for the unlawful employment practice (i.e. salary, bonuses, commissions, raises, sick pay, vacation pay, pension benefits, and other fringe benefits such as health, dental and vision insurance).
• Front Pay: Is a monetary award that compensates victims of unlawful employment practices for lost income beyond the date of any remedial order or court judgment.
• Emotional Distress Damages: A category of damages awarded in an employment case to compensate for humiliation, embarrassment, depression, anxiety, stress, outrage, disappointment and other forms of mental anguish.
• Punitive, Exemplary or Liquidated Damages: These are categories of damages that are above and beyond economic and emotional distress damages. Such damages may be recovered in certain situations pursuant to statute or legislative enactment.

Common Causes of Action in Employment Law

Employees and job interviewees have certain rights and protections, such as the right to not be discriminated against; the right to be paid in accordance with the law; and the right to take leave for family and medical reasons. While federal employment laws set the standard, many states (including Michigan) have implemented workplace laws that provide additional protection for employees.

Common employee grievances that result in complaints with the Equal Employment Opportunity Commission (EEOC) and/or lawsuits include:

• Discrimination: Employees and even prospective employees may not be discriminated against for certain characteristics, such as gender, race, disability, pregnancy, age, height, weight, religion, sexual orientation, and nationality.
• Sexual or Race Harassment: Considered a form of discrimination, harassment occurs when inappropriate sexual or race-based behavior prevents the victim from doing his or her job.
• Wage and Hour: Your employer is legally obligated to pay at least the minimum wage, pay overtime when hours exceed 40 per week, and abide by other wage and hour laws.
• Wrongful Termination: Employers may not fire you out of retaliation for a legal complaint or for protected characteristics (such as race, age, gender, pregnancy, etc.).