Employment & Labor Law

Employment Law governs the entire relationship between employer and employee with the exception of the negotiation process that is covered by labor law.  Attorney Harley Erbe has handled many employment law cases in areas such as wage or overtime law, discrimination, employee drug or alcohol testing, wrongful termination, covenants not to compete, and Family and Medical Leave Act.  Employment laws can be complex and in certain situations, an attorney is required to make a claim. The Erbe Law Firm Blog discusses many of the employment law areas in which Harley Erbe has been able to help people.   If you believe your rights as an employee have been violated, contact Erbe Law Firm today.

General areas of employment law include:

Employment discrimination (including wrongful termination): Employment discrimination occurs when an employer adversely affects an individual's hiring, promotion, compensation or termination based on a protected designation.  These protected designations include race, gender, age, disability, religion, pregnancy, and sexual orientation.    The United States Constitution provides additional protection in cases where the employer is the government, or the government has significantly fostered the discriminatory practices of the employer.  Employment discrimination law also provides that compensation must be equal between men and women engaged in substantially similar jobs in an organization.

Drug and alcohol testing:  An increasing number of employers are requiring drug and alcohol tests for employees.   There are both legal and illegal ways to conduct these tests.  In Iowa, it is legal for an employer to request a urine or breath sample during the application period.  If an employee is involved in an accident at work, or the employer has reason to believe that the employee may be under the influence of drugs or alcohol while at work, testing may also be performed during employment.  Random drug testing is also legal in Iowa for private sector jobs, but not for government jobs unless the employee is a safety-sensitive position.  In most cases, the tests cannot be conducted covertly, without the employee's knowledge.   In Iowa, employees and applicants can sue employers related to drug and alcohol testing, but only under certain circumstances and they need an attorney to do so.  Iowa law strictly governs the circumstances , procedures, and methods for employee drug and alcohol testing. 

Harassment: Employers can be liable for damages when they allow employees to harass other employees.  There are various types of harassment including:

• Making sexual advances, jokes or remarks

• Offering benefits related to performing sexual favors ("Quid pro quo")

• Third-party harassment where an observer or bystander is harmed by lascivious jokes, postings or commentary of others

• Hostile work environment - When an employer maintains an environment over time that adversely impacts an employee's state of mind

• Retaliation - When an employer adversely singles out an employee due to rejection of sexual advances

• Offensive physical touching

Family Medical Leave Act (FMLA): The Family Medical Leave Act guarantees eligible employees up to 12 weeks of unpaid leave due to a serious health issue, either their own or a family member's.  Employees are also guaranteed to be returned to their original position when they return as well as continued benefits.  Not all employers are included in the FMLA.  Covered employers include governmental entities and agencies and private employers with at least 50 employees who are engaged in interstate commerce.  Workers must meet certain eligibility requirements to qualify for FMLA.  A qualified attorney can help you determine if you meet these requirements.

Employers are forbidden to deny legitimate requests for time off from work under the Family and Medical Leave Act. They are also forbidden to retaliate against employees who request or take time off. Has your employer responded to FMLA requests by:

• Demoting you

• Refusing to keep your job open for you when you return to work

• Terminating you

• Reprimanding you or writing you up

• Any other action affecting the terms and conditions of your employment

The FMLA allows for financial compensation in many instances of FMLA violations, including, in some scenarios, the recovery of attorney fees. For more information regarding your FMLA rights, contact Attorney Harley Erbe.

Wage And Hour Law:  Multiple overlapping federal and state wage and hour laws can be confusing to even the most diligent employee. What can my employer withhold? Can my employer "fine" me based on my performance? What about overtime pay and meal breaks? And what are my employer's legal obligations regarding commission pay, and the payment of sick time and vacation pay after I leave voluntarily or am terminated?  Powerful and clear labor laws are in place to protect employees' rights to receive pay for work performed.

Wrongful Termination:  Iowa is an employment-at-will state, allowing employers here to terminate employees without cause or explanation. There are, however, strict and clear state and federal laws protecting employees from unfair employment practices, including unfair firings and termination.

Do you suspect you have you been fired:

• For reporting instances of workplace harassment or discrimination

• For not tolerating sexual, race, or other forms of workplace harassment

• Because of gender, race, physical or mental disability, national origin or age

• In retaliation for taking time off under the Family and Medical Leave Act, filing a workers' compensation claim, filing a wage or overtime claim, or trying to enforce any other employment rights

• For reporting a safety violation

• For reporting a wage and hour law violation

• For issues relating to The Employee Retirement Income Security Act (ERISA)

• For a drug or alcohol test

There are many other examples of situations where you  may have a wrongful termination claim.  Often, Erbe Law Firm's wrongful termination clients are unsure of whether they have a claim and whether their former employers acted illegally in their termination action. And, equally often, our clients are surprised to find their hunch is correct and that their claim is actionable. For answers to your questions regarding wrongful termination, please contact Erbe Law Firm for a free initial consultation.