FAQ

Enforceability varies dramatically by state, with some banning them entirely and others enforcing them when reasonable in scope and duration. Recent legal trends have moved toward limiting these agreements. Having an attorney review your specific agreement is essential.

Most discrimination claims must first be filed with the Equal Employment Opportunity Commission or your state's equivalent agency before pursuing a lawsuit. Strict deadlines apply, often within one hundred eighty to three hundred days of the discriminatory act.

Misclassification occurs when employers label workers as contractors to avoid providing benefits owed to employees. The determination depends on factors like company control over your work, schedule flexibility, and who provides tools and equipment.

Numerous federal and state laws protect employees who report illegal activity, safety violations, or fraud from employer retaliation. Whistleblowers may be entitled to reinstatement, back pay, and other remedies if they face adverse employment actions.

Generally speaking, employers have some flexibility to modify duties and compensation, but they can't make any changes that violate contracts, discriminate, or constitute retaliation. Sudden changes following a complaint or protected activity may raise legal concerns.

A hostile work environment exists when unwelcome conduct based on a protected characteristic is pervasive or severe enough to create an intimidating or abusive workplace. This goes beyond occasional rudeness and must materially affect your ability to do your job.

Under the Fair Labor Standards Act, the majority of employees working more than forty hours per week must receive overtime pay at one and a half times their regular rate. However, certain exemptions apply based on salary level and job duties, which employers sometimes misapply.

Wrongful termination happens if an employee is fired in a way that violates federal or state laws, employment contracts, or public policy. Examples include being fired due to discrimination, retaliation for whistleblowing, or refusing to engage in illegal activities.

Federal and state law prohibit employers from retaliating against employees who report illegal conduct or file discrimination complaints. Retaliation can include termination, demotion, or creating a hostile environment. If you experience retaliation, you may have an additional legal claim.

Document every incident in detail. That includes dates, times, witnesses, and what occurred. Report the harassment through your company's internal complaint process and keep copies of all communications. If internal channels don't resolve the issue, consulting with an attorney is an important next step.

Workplace discrimination occurs when an employer treats someone unfavorably because of a protected characteristic like race, gender, age, religion, disability, or national origin. This can include hiring and firing decisions, promotions, pay, job assignments, and harassment.

If your health insurance paid for any treatment that's related to your injury, they may have a right to reimbursement from any settlement through a process called subrogation. Your attorney can often negotiate these liens down to maximize what you keep.

A settlement is an agreement that is reached outside of the court, where the at-fault party agrees to pay compensation in exchange for releasing liability. A verdict is a decision that's made by a judge or jury after a trial determines the outcome.

While you can represent yourself, insurance companies often take advantage of unrepresented claimants with lowball settlements. Studies show that injured individuals who hire attorneys recover significantly more compensation even after paying legal fees.

The timeline varies depending on the complexity of your case, the severity of injuries, and whether it settles or goes to trial. Simpler cases may resolve in a few months, while complex litigation can take several years.

You may still have options, including your own uninsured or underinsured motorist coverage if the incident involved a vehicle. An experienced attorney can identify all of the potential sources of compensation available to you.

Fault is normally established by examining evidence like police reports, medical records, witness statements, and expert testimony. Your attorney will investigate the circumstances to build a compelling case. In some states, you may still recover damages even if you were partially at fault.

First, get medical attention even if you feel okay, as some injuries don't show symptoms right away. Document everything, including photos of the scene and witness contact information, and avoid giving recorded statements to insurance companies before talking to an attorney.

Most personal injury cases are settled out of court via negotiations with insurance companies or the opposing party. However, if a fair settlement cannot be reached, taking your case to trial may be necessary to obtain the compensation you deserve.

Most personal injury cases are settled out of court via negotiations with insurance companies or the opposing party. However, if a fair settlement cannot be reached, taking your case to trial may be necessary to obtain the compensation you deserve.

Victims can recover damages for medical expenses, lost wages, emotional distress, pain, and suffering or loss of enjoyment of life. In cases involving egregious conduct, punitive damages may also be available to punish the wrongdoer.

Every state has a statute of limitations that sets a deadline for filing personal injury lawsuits, typically ranging from one to four years depending on where you live. Missing this deadline almost always means losing your right to pursue compensation, so consult with an attorney as soon as possible after your injury.

A personal injury case is when someone suffers harm because another party was negligent, reckless, or engaged in intentional misconduct. A few examples include car accidents, slip and falls, medical malpractice, and workplace injuries. If someone else's actions led to your injury, you may have grounds for a claim.