Phoenix Employment and Labor Litigation Lawyers
Experienced business litigation attorneys fight for clients’ rights
A major ingredient of a company’s viability is its workforce. Smooth relationships with executive talent, middle management and rank-and-file workers help to build a positive company culture that boosts quality and productivity. At Law Offices of Donald W. Hudspeth P.C. in Phoenix, our attorneys provide cogent, practical advice to keep your company in compliance with all applicable labor and employment laws. When disputes arise, our business litigation team seeks efficient resolutions that uphold your rights and install positive changes to advance your business interests. We also represent employees at all levels whenever their statutory or contractual rights are claimed to have been violated.
Common employment law issues and disputes handled by our firm
Workers in Arizona enjoy numerous protections under state and federal law. As a result, companies must be careful in their recruiting, hiring, promotion and disciplinary, practices so as not to run afoul of the law. Employment and labor attorneys at our firm provide proactive advice and litigation defense in matters related to:
- Restrictive Covenants in employee agreements — An executive, salesperson or tech expert who seeks to leave one company for another must be mindful of the law of “restrictive covenants” in their state. Examples of restrictive covenants are the duty of non-competition, non-solicitation and confidentiality. Employers that have salespersons, executives or tech-experts who could hurt the business if they leave should have an employment agreement containing the restrictive covenants. This firm advises and represents the former employer, new employer or the employee in such matters.
- Retaliation — Retaliation is the new “hot spot” in employee litigation. These actions are also referred to as “whistleblower” claims. The employer may not terminate an employee who is bringing a violation of law to the attention of management, even if the alleged violation concerns that employee. Employers are not permitted to discipline workers because they asserted their employment rights by filing an EEOC complaint, engaging in labor organizing activities or acting as a whistleblower. Yet, workers are frequently subjected to everything from harassment to wrongful termination for taking protected actions. Unlawful retaliation can be a basis for a charge in a lawsuit. From the evening news we are accustomed to “whistleblower” cases in government, but such claims are now common – and can be hard to defend – even at the level of an owner-operated business.
- Discrimination — Title VII of the Civil Rights Act of 1964 protects workers from discrimination in employment on the basis of race, color, religion, national origin or sex. Subsequent laws and court decisions provide protections against discrimination related to age, disabilities, pregnancy and other personal characteristics. Workers who feel they have suffered unlawful discrimination may file a complaint with the Equal Employment Opportunity Commission and may also file a lawsuit. The job of our firm is to defend the business employer in such actions.
- Sexual harassment — Considered a form of discrimination, sexual harassment falls into one of two types. One of them is quid pro quo sexual harassment, which occurs when a superior makes unwanted sexual advances that can have consequences based on how the worker responds. The other type is hostile work environment sexual harassment, which is defined as sexually offensive speech or conduct that is severe or pervasive. Businesses must have protocols in place for dealing with sexual harassment complaints and remedying actions and situations that infringe on workers’ rights. An essential part of defending against a sexual harassment claim is conducting an immediate and proactive investigation and delivering a report on what happened. Witnesses or those with similar complaints must be interviewed. It is not unusual for an investigation to reveal questionable conduct by the complaining employee or that the claim is overstated. When businesses fail to respond adequately to sexual harassment complaints, they can be liable for civil damages.
- Wrongful termination — Most employment in Arizona is at-will, meaning an employer can fire a worker for almost any reason or no reason at all. However, they cannot fire someone for an illegal reason. Firing a worker with a discriminatory intent or as retaliation for the exercise of a protected right is an actionable offense. Making life so unpleasant that the employee quits can constitute constructive termination, which may be the basis of a claim.
Our business litigation lawyers have ample experience to investigate your circumstances and manage your case to a successful conclusion.
Contact our Phoenix employment and labor lawyers for effective representation
Law Offices of Donald W. Hudspeth P.C. in Phoenix provides determined representation for plaintiffs and defendants in employment and labor disputes. Call our talented and experienced litigation attorneys at 866-696-2033 or contact us online to schedule a consultation. Our firm is easily accessed either by light rail or car, with plenty of available parking.