Maryland FMLA Violation Attorneys
The “FMLA” is the Family and Medical Leave Act, a federal law that protects an employee’s job when the employee takes leave because of a serious health condition, or on account of the birth or adoption of a baby. The protections under the FMLA are strong – but not everyone qualifies for coverage. Therefore, it is important to know what the FMLA covers – and what it does not. Here are the basics: What do eligible employees “get”? The FMLA entitles eligible employees to receive up to 12 weeks per year of unpaid leave if the employee or a family member suffers from a serious health condition, or the employee experiences the birth or adoption of a child. Employers may not discriminate against or retaliate against employees who take FMLA leave. Upon completion of leave, the employer generally must restore the employee to their previous position, or to an equivalent position. Which employers are covered, and which employees are eligible? The FMLA does not apply to small employers. Companies must have at least 50 employees on their payroll (for a certain period of time) in order for companies to be required to comply with the FMLA. Employees who work for such a company also do not become eligible under the FMLA right away. Employees must have worked there for at least a year, and they must have worked at least 1,250 hours during the past 12 months. Schedule a Consultation If you suspect that you have been wrongfully denied your FMLA rights, or if you believe your employer has retaliated against you for taking FMLA leave, it is essential that you speak with an experienced Maryland workplace lawyer at once. Time limits apply on the right to bring a claim under the FMLA, and it is important to act quickly to secure your rights. Feel free to call the Maryland workplace attorneys at Luchansky Law for a consultation at 410.522.1020. Learn More About Us
Wrongful Termination Legal Defense
There are numerous state and federal laws that are implicated when an employee is terminated. The experienced employment law attorneys at Luchansky Law are thoroughly familiar with all of these laws. Our attorneys have extensive experience in counseling Maryland employers regarding compliance, as well as a proven track record for successful representation in litigation. The laws governing wrongful termination continue to evolve and expand, as wrongful termination lawsuits constitute a substantial percentage of employment litigation cases. Our attorneys closely monitor changes in the law in order to provide regular, prompt and practical guidance and advice to our clients. We believe that employers should be permitted to focus on what they do best: which is to operate their companies. At Luchansky Law, our clients do not have to worry about whether they are compliant with the employment laws that regulate their businesses because we are here to provide them with that guidance. We perform employment law audits to ensure our clients are compliant with the latest employment laws, we provide regular employment law updates, and we always are available to answer time sensitive questions that arise in the workplace. Our practice is focused on preventing problems. We help our clients navigate the maze of wrongful termination laws that impact their business decisions and develop practical solutions that minimize legal risks. When our client is faced with a wrongful termination lawsuit, administrative complaint, or demand letter, we analyze the strengths and weaknesses of the case and provide a cost-effective approach to achieving the best outcome for our client. If your company is need of an employment law audit, or you are currently involved in wrongful termination litigation, contact the experienced attorneys at Luchansky Law today.
Sexual Harassment Defense
Luchansky Law understands that sexual harassment in the workplace is a nightmare for all concerned – it violates the integrity and legal rights of the victim, it undermines the morale of co-workers, and it drains a company of productive resources. Moreover, when legal claims are filed in connection with such conduct, handling sexual harassment claims is expensive and disruptive to the operations of your business. Employees involved in the investigation and litigation process are robbed of productive work time and company-wide productivity suffers. Smart and cost-effective companies minimize the risk of sexual harassment claims by reviewing their workplace policies to make sure they effectively address such conduct, and they train their supervisors to know how to identify such conduct and how to respond to complaints. Luchansky Law provides counsel to Maryland employers in complying with sexual harassment laws and assists in developing proactive strategies to minimize exposure to sexual harassment claims. Sexual harassment lawsuits are on the rise. Moreover, the EEOC continues to expand the scope of the law. It is more critical than ever for employers to develop a proactive approach to managing sexual harassment issues. Our practice is focused on preventing problems. Our attorneys are knowledgeable concerning the state and federal laws governing sexual harassment. We help our clients navigate the maze of sexual harassment laws that impact their business decisions and develop practical solutions that minimize legal risks. Luchansky Law provides services that help Maryland employers to be proactive, including: training managers and supervisors; advising clients concerning policies and procedures; conducting compliance audits to proactively identify, assess, and correct non-compliant practices; conducting internal investigations; reviewing individual employment decisions; and updating and revising existing employment policies. When our clients are faced with sexual harassment lawsuits, administrative complaints or demand letters, we analyze the strengths and weaknesses and provide a cost-effective approach to achieving the best outcome. Our firm also conducts management seminars and training sessions on preventing sexual harassment and effectively responding to complaints of such misconduct. Each presentation is customized to the individual requirements of our clients. We also prepare helpful materials which provide a practical resource for addressing sexual harassment problems and situations. Despite employers’ best efforts to avoid sexual harassment litigation, sometimes it is unavoidable. Our attorneys have extensive experience in representing clients in sexual harassment litigation before federal and state courts and administrative agencies. If your company’s sexual harassment policies are overdue for review, or you are currently involved in sexual harassment litigation, contact the experienced attorneys at Luchansky Law today.
Pregnancy Discrimination Defense
Maryland employers must be aware of the many laws that are implicated when an employee becomes pregnant. The laws governing pregnancy discrimination are complex. Our attorneys are knowledgeable concerning the laws relating to pregnancy discrimination which directly affect our clients’ businesses. For example, recent changes in Maryland law require employers with fifteen (15) or more employees to provide pregnant employees with a reasonable accommodation that does not cause the company undue hardship. This standard – which typically is associated with disabilities under the Americans With Disabilities Act – exceeds the legal requirements of federal pregnancy discrimination law. Luchansky Law provides counsel to Maryland employers in complying with pregnancy discrimination laws and assists in developing proactive strategies to minimize exposure to pregnancy discrimination claims. Our practice is focused on preventing problems. We help our clients navigate the maze of pregnancy discrimination laws that impact their business decisions and develop practical solutions that minimize legal risks. Luchansky Law provides services that help Maryland employers to be proactive, including: training managers and supervisors; advising clients concerning policies and procedures; conducting compliance audits to proactively identify, assess, and correct non-compliant practices; conducting internal investigations; reviewing individual employment decisions; and updating and revising existing employment policies. When our client is faced with a pregnancy discrimination lawsuit, administrative complaint or demand letter, we analyze the strengths and weaknesses of the case and provide a cost-effective approach to achieving the best outcome for our client. Our firm also conducts management seminars and training sessions on avoiding pregnancy discrimination. Each presentation is customized to the individual requirements of our clients. We also prepare helpful materials which provide a practical resource for addressing pregnancy discrimination problems and situations. Despite employers’ best efforts to avoid pregnancy discrimination litigation, an employee may file a claim of discrimination. Our firm’s attorneys have extensive experience in representing clients in pregnancy discrimination litigation before federal and state courts and administrative agencies. If your company’s pregnancy discrimination policies are in need of review, or you are currently involved in pregnancy discrimination litigation, contact the experienced attorneys at Luchansky Law today.
Confidentiality Agreements and Litigation
The protection of trade secrets and confidential business information is of paramount importance to Maryland businesses. Customer lists, client relationships and sensitive proprietary information are at the heart of a business’s success. Often, the prospect of litigation over the pirating of confidential business information can be overwhelming for a company that wants to focus on what it does best: run a successful business. Nevertheless, protecting your company’s trade secrets is crucial to the success of your business. The employment lawyers at Luchansky Law have extensive experience in counseling and litigation in the following areas: trade secrets and confidential business information restrictive covenants severance agreements confidentiality agreements breach of contract employee solicitation client solicitation unfair competition commercial torts Luchansky Law has successfully litigated these issues including obtaining temporary restraining orders, and preliminary and permanent injunctions. Additionally, Luchansky Law has carefully drafted enforceable agreements thereby successfully preventing litigation. At Luchansky Law, we regularly draft and review many different kinds of agreements relating to the workplace, including confidentiality agreements, non-competition and non-solicitation agreements. Whether you are in need of aggressive and effective litigation representation or advice regarding current agreements and policies, contact Luchansky Law today.
Employment Law Litigation and Compliance Guidance
If your company is facing a discrimination charge, a wage claim, or other violation of rights claim by an employee or job applicant, Contact Us today and schedule an initial consultation. The sooner you take action, the stronger your legal position will be. To avoid future litigation and other problems with employees, Contact Us to find out about a review of your contracts, agreements, policies and other employment-related documents.
Compliance and Claim Prevention Services
The best way to avoid litigation or arbitration and to protect your company’s interests is to ensure compliance with all federal and Maryland employment laws from the outset. Luchansky Law offers several services to assist employers to ensure employment law compliance and minimize claims by employees, including: Supervisor Training Guidance for Compliance with Employment Laws Drafting and/or Review of Employment-Related Contracts, such as: Employment Agreements; Non-compete Agreements; Separation Agreements/Releases; Severance Agreements; Various other Employment-Related Contracts. Drafting and/or Revising of Employee Handbooks Assistance with Developing Effective Employment Policies
Defense Services for Employers
While various federal and Maryland employment laws are intended to protect the rights of employees, they also have given rise to a cottage industry of “nuisance law suits” by employees with a grudge or other desire to take advantage of their employer. Luchansky Law can protect your rights and position you for a strong legal defense. We will provide aggressive representation and will work to minimize any potential risk your business may face. Our employment law attorneys have extensive experience representing employers in defending against claims alleging: Discrimination (including claims based on age, race, gender, national origin, or disability) Wrongful Termination Retaliation Illegal pay practices (such as wages, unpaid overtime, working through meal breaks, failure to pay accrued vacation time)
