Mark N.Foster represents individuals who have been fired by employers for illegal reasons. There are many reasons for an employer to terminate an employee. Some are legal, but many are illegal, including:
Discrimination based on the employee’s:
- Disability (or perceived disability)
Retaliation for the employee:
- Asserting a protected claim of discrimination (even a claim of discrimination that is not ultimately successful)
- Assisting another employee in that employee’s protected claim of discrimination
- Complaining about illegal activities of the employer (whistleblowing)
- Asserting an employee’s rights (such as by filing a worker’s compensation claim, taking FMLA leave, or demanding to be paid minimum or overtime pay)
This is not a totally comprehensive list, and there are other termination practices that are prohibited. However, generally, in Tennessee and Kentucky, termination based on the employer’s business determination that an employee should not be retained (even if that business decision is uninformed, unwise or incorrect) is not illegal. Employers who terminate employees for illegal reasons will often disguise the termination as one for a legal reason, and careful analysis is therefore required.
In certain limited cases, he may be willing to represent employees who have not been terminated, such as those who are demoted, not promoted, or are being harassed for illegal reasons (including those above). Mr. Foster also will consider representing job applicants who can show they were not hired for the same reasons.
Finally, he represents employees who have been cheated by their employer out of minimum wage or overtime pay. There are many ways that employers sometimes try to cheat their employees, and the amounts can sometime add up.
In many employment cases, the employer can be made to pay the employee’s legal fees.
Like all claims, employment claims (even ones with merit) are barred if presented too late (after the passage of the amount of time provided in the relevant statute of limitations). Therefore, employees with claims against their employer or former employer should consult an employment lawyer as soon as possible.
To consult with Mark N. Foster about an employment law issue, call me or complete the “Get in Touch” form below.