·  Legal News, Analysis, & Commentary


When Might I Need an Employment Law Attorney in Delaware?

— May 4, 2022

Employers in Delaware must follow the Fair Labor Standards Act, which clearly defines when employees are entitled to overtime pay.

An employment law attorney in Delaware can help in a number of different ways. Generally speaking, these attorneys are concerned with employee rights. They help employees file lawsuits against their employers if their rights have been violated, and you can do the same if you feel as though your employer has committed a violation. But when exactly can you sue your employer? And how does an employment law attorney actually help you?

Usually, employees who sue their employers are trying to deal with some kind of loss or “damage.” Filing a lawsuit with the help of an attorney helps you deal with these damages, and in many cases, you will receive a settlement that compensates you for your losses. However, this is a very broad description of how an employment lawsuit works, and each case is different. So what are the different kinds of lawsuits that you might be able to file?

Child Labor Lawsuits

Employers must follow strict federal and state laws when employing minors. If you believe your child’s rights have been violated by their employer, you can get in touch with an attorney and sue the employer. 

Sexual Harassment Lawsuits

Sexual harassment lawsuits can be filed for a number of reasons, although the two main categories are “quid pro quo” sexual harassment and “hostile work environment.” Get in touch with a qualified attorney to find out if you can sue your employer for sexual harassment. 

Overtime Pay Disputes

Employers in Delaware must follow the Fair Labor Standards Act, which clearly defines when employees are entitled to overtime pay. Remember, overtime pay is always 1.5 times your normal pay. If your employer refuses to follow these rules, you can sue them. 

Wrongful Termination

You're Fired sign
You’re Fired sign; image courtesy of geralt via Pixabay,

As a legal employee in the United States, your employer must provide a valid reason if they want to terminate you. They cannot fire you on the basis of your ethnicity, gender, race, religion, sexual identity, or any other trait that you cannot control. This constitutes discrimination, and you can sue your employer for wrongful termination as a result. 

Salary Misclassification

You can also sue your employer if you have been misclassified as an independent contractor instead of an employee. Many employers like to do this, as independent contractors do not have the same rights as employees. Salary misclassification is a serious violation, and you can sue your employer if they do this. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching for a qualified, experienced employment law attorney in Wilmington, there are many options available to you. Get in touch with one of these legal professionals, and you can figure out exactly what type of lawsuit you need to file during your initial consultation. Your attorney can then recommend the best course of action and guide you forward. With their assistance, you can recover the compensation you need while fighting for your rights as an employee. Book your consultation today. 

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