Defamation- While each state has different versions of the law, generally defamation protects individuals from others making false statements, either written or verbal, which hurt their reputations.  This cause of action is applicable to the employment setting and can occur when a former employer makes false and harmful statements to a prospective employer or even to an employee’s clients. Defamation requires that these false statements are published and that the individual can prove damages unless the employee can prove defamation per se.  Defamation per se occurs where the statements fit a particular category, such as prejudicing a plaintiff in his profession or statements regarding the inability of an employee to perform his job, the damages are presumed. Yet, employees have to overcome hurdles such as an employer’s qualified privilege and the innocent construction doctrine. Juan Hernandez Law P.C. can assist employees in identifying and bringing defamation claims against the employer.

Sexual Harrasment- Workplace sexual harassment and sexual violence are on the rise. The Human Rights Act prohibits sexual-based conduct in the workplace such as direct requests for sexual favors and harassment that creates a hostile work environment.  Of course, those same laws also prevent any sexual assault in the workplace such as an unwanted touching of a sexual nature and/or rape. Oftentimes, certain sexual harassment can escalate into sexual violence and, thus, it is important for an aggrieved employee to report any unwelcome conduct to his or her manager and/or Human Resources.  It is almost always best to report the conduct both verbally and in writing.

Employee Defense- Sometimes when the employer-employee relationship ends, the relationship does not end well.  The employer may sue the employee and often these threats can serve as a deterrent for an employee to sue the employer.  For example, the employer may sue the employee for include breach of contract, violation of confidentiality, non-compete, or non-solicitation agreements or the employer’s trade secrets, among other claims. Juan Hernandez Law Firm is well-trained in analyzing the risk of possible claims and counterclaims against employees.  We protect our clients and develop strategies to avoid counterclaims as well as aggressively defend employees in litigation.

Employee Rights- The Civil Rights Act enacted the 13th, 14th, and 15th Amendment to give people a remedy when the government violates their rights, such as freedom of speech or religion.  The problem is these Constitutional rights require State Action – namely the government must be the one violating them.  This is problematic because an employer, unless it is the government, is a private entity and thus can censor workplace expression unless there is federal or state legislation to the contrary. Yet, when the employer is the Government, the rules change. Government-employee speech is a complex and very gray area of the law as courts are constantly developing the doctrine.

Discrimination- Title VII of the Civil Rights Act prohibits discrimination or workplace harassment based upon race, ethnic origin gender (including pregnancy), religion, disability and age. This means that you cannot be subject to different terms and conditions in employment than your counterparts if that difference is based upon any of the protected categories listed above. It is important to note that this statute is not a fairness statute but, instead, state that an employer may not take into account these designations in making employment decisions. It is always important to consider the employer’s intent in assessing a discrimination claim and also the timing of any such adverse employment decisions, i.e. did an employee receive her first ever negative performance review after she announced she was pregnant.