Employment Litigation

Weinberg Gonser litigators represents clients in connection with a wide breadth of employment litigation on both the plaintiff and defense side (employees and employers) related to discrimination, harassment, termination and whistleblower claims.

Discrimination. Discrimination can be subtle. Employees should immediately contact an attorney if they feel that they are being treated differently or harassed due to their race, gender, sexual orientation, national origin and other protected categories. Employers should contact an attorney whenever they receive any complaint of discrimination from an employee.

Sexual Harassment. Sexual harassment claims involve allegations that an employee has been sexually harassed or assaulted by a co-worker or supervisor. What exactly constitutes sexual harassment is a legal question. The line is not always clear between flirtation and sexual advances, and the line can blur easily. The two most common types of sexual harassment involve either a hostile work environment, or “quid pro quo” harassment, meaning that the employment relationship is conditioned on submission to the sexual harassment.

Employers should have detailed policies relative to sexual harassment that are disseminated to all employees, and should train their supervisors on how to deal with complaints. Employees should speak to an attorney immediately if they feel that they are a victim of sexual harassment. An attorney can help in various ways to protect the employee, stop the harassment and recover damages.

Whistleblower Claims. Broadly speaking, a “whistleblower” is someone who reports or complains of a legal or safety violation. Whistleblower claims arise when an employee is reprimanded, retaliated against, or terminated by the employer as a result of the reporting.

If an employee witnesses a safety or other violation, it is important to reach out to an attorney to see if the situation can be remedied, or what steps should be taken to address the concern. If an employee is reprimanded in any way for reporting the violation, the employee should reach out to an attorney as soon as possible to protect his or her rights.

If an employer receives any serious type of complaint of an alleged safety or legal violation, the employer should speak with counsel immediately to make sure the complaint is addressed carefully, properly and in a timely manner.