Employment Law Attorney In Picayune, MS
Job applicants and employees have rights under state and federal law. Workplace disputes can impact your income, career opportunities, professional reputation, and financial stability. A Picayune employment law attorney can provide guidance when you’ve faced discrimination at work, retaliation, wage disputes, wrongful termination, or other concerns. Employment law issues can be complex, but WaideLaw can help.
Trusted Counsel for Challenging Times
Employment law represents a significant portion of WaideLaw’s practice. Daniel Waide serves as the Executive Committee Chair of the Employment Law Section of the Mississippi Bar. This leadership position is awarded to members of the Bar who have extensive experience handling workplace disputes.
Daniel has successfully represented employees and job applicants in matters involving discrimination, retaliation, wrongful termination, and other employment claims. Although Daniel practices in multiple areas of law, he is dedicated to protecting employee rights. Employers should be held accountable for their actions. No employee should feel afraid to stand up for themselves in the workplace.
Common Employment Law Issues
Employment law is meant to govern the relationship between employers and their workers. It includes statutes and legal protections related to the hiring process, compensation, workplace safety, disciplinary procedures, and termination. Employers could potentially face legal issues related to:
- Discrimination
- Harassment
- Wrongful termination
- Unpaid wages
- Family and medical leave
While employees and employers may disagree about workplace issues, not every dispute constitutes a legal claim. However, an employer’s actions could also break state or federal law. For instance, an employer making a broad joke that an employee may find distasteful may not be illegal, but repeated offhand remarks about an employee based on a protected characteristic, such as race or gender, may constitute harassment.
Workplace Discrimination
Employers are legally prohibited from considering certain characteristics when making employment decisions. Discrimination can occur during the application process, when providing promotions or pay raises, issuing discipline, and firing employees.
Protected characteristics usually include race, color, religion, sex, national origin, age, disability, and genetic information. Sometimes an employer’s discrimination is overt and blatant. Other times, discrimination involves subtle comments, inconsistent discipline, or company policies.
Sexual Harassment
Sexual harassment occurs when behavior in the workplace that is sexual in nature creates an environment that is hostile or offensive. The behavior typically must be unwanted. In some cases, harassment creates a hostile work environment. In other cases, a person of power, such as a manager, uses their power for sexual advances. This occurs when they request a sexual favor in exchange for job benefits or threaten adverse action for its denial.
According to a poll conducted by the American Association of University Women, 37% of participants claimed that sexual harassment prevented them from advancing in their careers, and 38% of respondents reported that it was a factor in their decision to leave their positions.
Retaliation Claims
Employers can generally take adverse action against an employee for nearly any reason. However, they cannot retaliate against someone for engaging in a protected activity. Protected activities include:
- Reporting discrimination
- Filing a complaint
- Participating in an investigation
- Requesting accommodations
- Refusing to violate the law
- Reporting health and safety violations
- Taking protected leave
If an employer fires an employee for taking family medical leave or files a complaint against an employee for reporting sexual harassment, the employer could be liable for retaliation.
Wage and Hour Violations
Employees should normally be paid for their time. Wage issues can arise due to unpaid overtime, unlawful deductions, off-the-clock work, employee misclassification, and unpaid wages.
There are federal minimum wage and overtime requirements under the Fair Labor Standards Act (FLSA). However, not every employee is entitled to overtime under the FLSA, and various exemptions are based on job duties, salary paid, and other factors.
Employees Protected by Other Employment Laws
Employees are protected from illegal treatment in the workplace by many federal laws. Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate based on race, color, religion, sex, or national origin. It also makes it illegal for employers to retaliate against employees when they file a discrimination complaint or participate in an investigation.
The Americans with Disabilities Act (ADA) is another federal employment law that prohibits disability discrimination and may require employers to provide reasonable accommodations to employees with disabilities.
There are other laws that protect against unfair pay, family and medical leave, and age discrimination. A Picayune employment lawyer can let you know what laws apply to your specific employment case.
FAQs
What Are My Rights as an Employee in Mississippi?
Mississippi employees are protected by numerous federal statutes that make it illegal for an employer to discriminate, harass, retaliate, or violate wage laws. An employee may be entitled to minimum wage and overtime pay, a safe workplace, specific accommodations, and the ability to report misconduct.
The rights an employee has largely depend on the size of the company, the industry in which they are employed, and the facts surrounding the situation.
Is It Illegal to Work 8 Hours Without a Break in Mississippi?
Meal breaks and rest breaks are not required by Mississippi law for adult employees. Therefore, working an 8-hour shift without a break is not unlawful, although employers who offer short breaks may have to pay for them under federal wage laws. Additional rights may apply based on your industry or employment agreement.
Can You Draw Unemployment if You Get Fired in Mississippi?
Termination from employment doesn’t necessarily mean you can get unemployment benefits in Mississippi. If you were terminated due to a layoff, a reduction in force, or for any other reason that wasn’t considered misconduct, you may be eligible. Your claim may be decided on a case-by-case basis by the appropriate agency.
What Should I Do if My Employer Discriminates Against Me?
In Picayune, if your employer discriminates against you, it may be useful to keep a record of what happened. Save emails or written documents that may be helpful. Remember who said what and when.
Write down any employment actions that occur. You may also file a complaint through your employer’s internal processes. Since there are often strict time limits for filing a discrimination claim, you might consider finding out about your legal options sooner rather than later.
Hire an Employment Law Attorney Today
Picayune is home to workers in the medical field, manufacturing, retail, education, and businesses that service the heavy traffic of I-59. Whether you’re in downtown Picayune or any of the surrounding communities like Nicholson and Carriere, employment problems can impact workers across Pearl River County. Knowing your rights in the workplace is one way to see that your career and income are protected.
If you believe you have been experiencing illegal misconduct in the workplace, hire an employment law attorney at WaideLaw. We can look into the details of your case and inform you of your options. Contact us today to get started.
