Discrimination and Harassment

A presuit, or pre-litigation process, is a confidential process in which attorneys discuss your potential claims directly with your employer or their counsel to explore resolution before any case is filed in court or with an agency like the EEOC. Because presuits typically take place confidentially and without public documentation, few people know what they[...]

Compensatory damages help you recover what you lost due to being wrongfully terminated. These wrongful termination damages include lost compensation, harm to reputation, and emotional distress. Key types of compensation you can pursue include: Economic Damages: Primarily, this means lost pay from the date of termination to the present (This is called “back pay”) and[...]

Here at Sanford Heisler Sharp McKnight, we understand that if you’ve recently been wrongfully terminated, you may not be in a position to pay an attorney a high hourly fee or a large retainer. For this reason, we offer free consultations and contingency fee arrangements. During the consultation, we will discuss your case with you[...]

If you believe you have a claim for wrongful termination you should reach out to a discrimination attorney as soon as possible. Highly-skilled employment discrimination lawyers use different types of evidence to show that employees were fired because of their protected characteristics, including: Timing of the termination. Were you fired, for example, recently after your[...]

Constructive discharge is a legal theory that applies when you resign because your employer has allowed unlawful discrimination, harassment, or retaliation against you to become so intolerable that any reasonable person enduring the same treatment would resign. If a court finds constructive discharge, your resignation is treated as a wrongful termination, and you may be[...]

No. Under Title VII of the Civil Rights Act of 1964, it is illegal as a matter of federal law for an employer to fire any individual because of their race or sex. In 2020, the Supreme Court in Bostock v. Clayton County made it clear that Title VII also protects against discrimination, including termination,[...]

You should consult with an employment attorney before signing a severance agreement. Severance agreements are typically binding agreements, and if you sign one you may be giving up your right to file a wrongful termination or discrimination lawsuit; your right to recover any damages (including an increased severance award); your right to speak about your[...]

No. Too often employers tell employees that they are “at will,” as if to suggest they can be fired at any time for any reason or no reason at all regardless of federal and state anti-discrimination laws. Even at-will employees are protected from being fired for unlawful reasons, such as discrimination and retaliation. If you[...]

It can certainly be stressful to be presented with a Performance Improvement Plan, or a PIP. It is a good idea to consult with an employment attorney to assess your legal rights and possible claims. Sometimes PIPs are an employer’s attempt to define objectives and metrics more clearly and to provide clear guidelines for improvement.[...]

If you believe you have a claim for wrongful termination you should reach out to an experienced wrongful termination lawyer as soon as possible. If you believe you were terminated due to unlawful discrimination or related retaliation, you generally have 180 or 300 days (depending on your state) to file a charge of discrimination with[...]

A non-compete agreement is an agreement that attempts to put restrictions on your right to work after you leave employment. We frequently see employers seek non-compete agreements from finance professionals, executives, salespeople, pharmaceutical professionals, and information technology professionals. These agreements may purport to stop you from working in the same field or with the same[...]

Under the Family and Medical Leave Act (“FMLA”), you cannot be fired for taking maternity leave. The FMLA provides a right to take twelve weeks of unpaid maternity leave and be restored to your original position or an equivalent position. The FMLA applies to employees based on their tenure working and the number of hours[...]