Employment Law

Employment law refers to the relationship between employers and employees.  In the context of lawsuits, employment law is seen in a variety of claims under both state employment law, and federal employment law.

Discrimination

Both federal employment law and state employment law protect certain groups of people from discrimination.  Missouri, in particular, has very strong employment law in place to punish those who dicriminate:  the Missouri Human Rights Act.  The protections afforded by the MHRA are very similar to those under federal employment laws that prohibit discrimination based on race, gender, aget, disability, or religion.  There are very strict deadlines on how quickly papers must be filed to preserve a discrimination claim.  So if you believe you have suffered from employment discrimination, you cannot afford to wait to contact an employment law firm.

Sexual Harassment

Depending on the size of the employer, employment law may or may not provide protection for people who have been subjected to sexual harassment in the workplace.  Also known as a a "hostile environment," this area of employment law protects employees who have the target of ongoing offensive sex-related advances, comments, or physical contact.  If you have given your human resources representative notice of the sexual harassment, but the bad behavior continues, then you might have a right to a sexual harassment claim against the employer.

Wrongful Termination

In most cases, employees are "at will," which means they can quit or be fired at any time for any reason, or for no reason at all.  But in certain circumstances, employment law provides a remedy for employees who have been wrongfully terminated.  For example, if the termination was done as retaliation, if it was done because the employee was a "whistleblower," or if was because the employer didn't like the employee exercising his or her rights under the Family and Medical Leave Act (FMLA).

Negligent Hiring

A person who has been injured by an employee may bring a negligent hiring claim against the employer if the employer knew, or should have known, that the employee had dangerous proclivities.  Employment law requires employers to be responsible for their employees, and if they know their employees have a propensity for certain kinds of wrongful acts, then the employer can be held liable for the employee's bad acts.  For example, if a person has their jewelry stolen by a moving company employee, and the company knew that the employee has a criminal history of stealing jewelry, then that person may bring a negligent hiring claim against the employer.  

Negligent Retention

Negligent retention is closely related to negligent hiring, and relates more to the employer's keeping the employee around after initially hiring the employee.  Using the jewelry-theft example from above, if the moving company hired the employee before that employee was convicted for another jewelry robbery, and then chose to keep employing the thief, then the moving company becomes liable under employment law for negligent retention of that employee.

Negligent Supervision

Closely related to negligent hiring and negligent retention is the area of employment law known as negligent supervision.  An employer can be liable for damages an employee causes if the employer failed to supervise an employee appropriately.  Employment law governing negligent supervision claims requires proof that the failure to supervise caused the injury.

Negligent Training

Negligent training frequently goes hand-in-hand with negligent supervision, and the body of employment law relating to both is very similar.  An employer can be held liable for damages where it has failed to train its employees properly.  To use the moving-company example again, if the owners failed to train its employees how to move large furniture properly, and because of that lack of training the movers dropped a refrigerator and broke the homeowner's foot, then the moving company can be liable under employment law for negligent training of its employees.

 

If you believe that you have suffered harm by a wrongful employment practice, contact The Flynn Law Firm today.  In many circumstances, applicable employment law requires the paperwork to be initiated very quickly, so you cannot afford to wait.