Employment

Unpaid wages, wrongful termination and workplace harassment litigation.

Daniel Kaminsky has represented both employers and employees in these areas of law.  Representation comes in all forms, from providing advice and counseling employers how to avoid employee problems, to representing harassed employees.

Here are some frequently asked basics about the employment relationship:

Employers must pay to resigned or terminated employees all wages within the regular pay period schedule or 31 days, whichever is earlier.  Failure to pay any wages when due can subject an employer to a civil penalty of 50% of the unpaid wages.  In addition, employers can be liable for attorneys fees and litigation expenses in a successful suit for unpaid wages.

While by and large most employment relationships are "at will," meaning the employer is free to terminate the employee without cause, there can be exceptions for employees lured away from other employment or made promises about future employment.  In addition, no employer may terminate, demote, or harass an employee for an illegal reason, such as race, age, sex, religion, or disability.  Some employees suffer so much anxiety and humiliation at the workplace they quit rather than deal with the problem.  Sometimes this can be a "constructive termination" yet allowing for legal damages.

On the other side, employers are free to run their business the way they see fit, and there can be no legal action for management decisions, resource decisions, personality conflicts, or downsizing.