Federal Employment Law Attorneys | Barrett & Farahany

Helping employees find justice in eleven states with offices in Illinois, Georgia, and Alabama.

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Legal Protection For All Levels of Employment Law

The abuse of employees at the hands of their employers is an issue people experience across the country. While state laws protect against issues like discrimination, wage theft, whistleblowing, and more, some cases require a federal court.

There are many attorneys whose legal experience is localized to their state. The attorneys at Barrett & Farahany have experience representing clients across the United States in both federal and state courts. If your case may go to federal court, contact us today for a consultation.

Federal Law

Why Would an Employment Law Issue Go to Federal Court?

There are several reasons why an employment law case might escalate from state court to federal court. In any of these cases, our attorneys can represent you.

  • Federal Question Jurisdiction: This is when a case questions federal law. If a state has laws that cover the same situations as federal laws, the case will attempt to go to state court first. Some common federal statutes include the Fair Labor Standards Act (FLSA), Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Family and Medical Leave Act (FMLA).
  • Diversity Jurisdiction: This is when the plaintiff and the defendant are based in different states and the monetary amount in contention is over $75,000. Diversity jurisdiction can happen when you work remotely, your employer has multiple locations, or the terms of employment require you to travel.
  • Constitutional Claims: If your accusations include your employer violating your constitutional rights, it could require a federal court. An example of this would be a case of discrimination. American citizens are protected against discrimination under the Equal Protection Clause of the 14th Amendment.
  • Class Actions: If your case qualifies as a large-scale class action lawsuit, your case may be in a federal court. This case typically handles significant amounts of money across multiple states.
employment law issue in federal court

Our Federal Employment Law Services

The same employment law issues that we practice at the state level, we also practice at the federal level. These federal employment law issues include:

signs of workplace discrimination

Title VII of the Civil Rights Act protects employees and job applicants from employment discrimination based on:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Gender identity

If you experience discrimination based on any of these protected characteristics in any of the following processes, you should contact our attorneys.

  • Recruitment/Hiring
  • Promotion selections
  • Terminations
  • Any other decisions concerning terms and conditions of employment
Workplace Discrimination
Protected Leave

The FMLA offers employees 12 weeks of protected leave from work. You can use this time for multiple reasons without fear of losing your job. This does not protect from layoffs or furloughs, only terminations of employment. As stated in the act, you can use FMLA leave for:

  • The birth of a child and care for the newborn child within one year of birth. Both a mother and/or father can use FMLA for the birth of their child. Some places of employment already offer maternity/paternity leave.
  • The placement of a child for adoption or foster care in your home.
  • To care for your spouse, child, parent, or other dependent who has a serious health condition.
  • You are affected by a serious health condition that makes you unable to perform the essential functions of your job.
  • Any qualifying exigency that comes from your spouse, child, or parent being a covered military member on active duty.
Family & Medical Leave Act
hostile work environment

A hostile work environment that an employer does not take adequate steps to treat is one they are legally responsible for. A hostile work environment is where the workplace’s supervisor, manager, or employees negatively impact another employee(s) ability to work. Hallmark signs that you are in a hostile work environment include:

  • Unwelcome conduct, such as harassment, based on race, sex, pregnancy, religion, national origin, age, disability, or genetics
  • Long-lasting and pervasive harassment
  • The unwarranted conduct has become so severe that the workplace can be characterized as intimidating, offensive, and/or abusive
Hostile Work Environment
Mediation

Currently, forced arbitration is illegal in the United States, so if you enter arbitration, it will be by choice. If you and your employer agree to enter mediation or arbitration – alternative dispute resolution methods – we have experience as third-party mediators representing clients in negotiations.

For representation or a mediator who can ensure your negotiations are fair, contact our federal employment law attorneys.

Mediation & Arbitration

Under the federal Fair Labor Standards Act (FLSA), employers must pay 1.5x an employee’s normal hourly rate for every overtime hour worked over 40 hours in a workweek. If your employer doesn’t pay you what you’re owed, this may be wage theft and a violation of FLSA. Our federal employment law attorneys can help.

Overtime
Proving Retaliation

If you file a report with Human Resources (HR) or file a lawsuit against your employer, you are legally protected from retaliation. Retaliation can take multiple different forms, including:

  • Being reprimanded by the employer unprompted
  • A poor performance evaluation with unfounded criticism
  • A department or position transfer to a less-than-desirable position
  • Verbal or physical abuse from a worker, manager, or supervisor
  • Terminating your employment
Workplace Retaliation

Contact the Federal Employment Law Attorneys at Barrett & Farahany For Help

Employment law is different in a federal court than when in a state court, and our attorneys know how to handle both. If you need representation in an employment law matter in federal court, you can trust us. Contact us today for more information.

Alabama Office

866-951-0903

Georgia Office

334-237-7773

Illinois Office

773-337-7999

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Barrett & Farahany

Georgia Office

3344 Peachtree Road NE, Suite 800
Atlanta, GA 30326
334-237-7773

Alabama Office

2 20th St N, Suite 900,
Birmingham, AL 35203
866-951-0903

Illinois Office

77 W. Wacker Dr. Suite 4500
Chicago, IL 60601
773-337-7999

Phone

Existing Clients: 866-989-0120

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