It is unlawful to discriminate against an employee because of his or her age, race, sex, disability, pregnancy, religion or national origin. It is also illegal to discriminate against an employee because he or she is a whistleblower who reported illegal activity or fraud. You Don't Have to Take It - Speak Out Against Workplace Discrimination

If you have been wrongfully discharged or treated unfairly because of illegal employment discrimination, contact the employment lawyers at Miller Cohen, P.L.C. in Detroit at 313-566-4787 or 800-221-6021. For decades, our law firm has been a loud voice for the rights of workers, labor unions and injured employees in Michigan. We will vigorously fight for your employee rights and work to recover damages for the harm you have suffered as a result of illegal discrimination or workplace harassment. What Is Illegal Discrimination in the Workplace?

In Michigan, employment discrimination occurs when an employer takes adverse, illegal action against an employee simply because they are a member of a protected class. Protected classes include race, gender, religion, age, employees who are disabled or considered disabled, among others. It is also possible for men, Caucasians and others to be subject to reverse discrimination.

Adverse employment action is not limited to just firing an employee. It can be a variety of unfair treatment because of an employee's age, race, disability, sex, or because the employee reported illegal discrimination or activity. Some examples of adverse actions are:

Discrimination refers to any the act of treating someone in a different manner on the basis of that person's characteristics such as race, gender, national origion or age. The legal definition of discrimination is different than the dictionary definition of discrimination. Under the different statutes only certain types of actions are considered discrimination and only certain classes or types of discrimination are violation of the statutes.

Most nations hold that that all men are created equal. Words like these are found Constitution and other laws.

Although the our federal and state laws prohibit different types of discrimination, different forms of discriminatory behavior have exist such as racial discrimination, age discrimination, gender discrimination and discrimination based upon disabilities.

Various federal and state laws prohibit the different types of discrimination but different acts of discrimination persist.T

Harassment is a type of employment discrimination that violates the civil rights statutes the Age Discrimination in Employment Act and the Americans with Disabilities Act.

Harassment is the unwanted actions that is based on race, sex religion, age or disability. An ac of harassment becomes illegal when actions turns into a condition of employment to make a work environment that a would considered intimidating or abusive.

Illegal conduct can may include offensive jokes and name calling or threats.

The person doing the harrassing can be the supervisor or sometimes a co-worker.

The employer becomes generally liable for conduct that is done by a supervisor that results in termination or not hiring or not promoting

Employment law is based on a complicated interaction of state and federal laws designed to establish the rights and obligations of both employers and employees in the employment relationship. In general workplace rights are varied and complicated and can apply to employees people looking for jobs, past employees and these cases often involving constitutional rights.

Jack I. Hyatt Attorney has support professionals that provide the expertise and experience needed to help employees that have been injured by illegal employment practices. We can help individuals protect and assert their rights in the workplace.

Contact our office for assistance in learning legal, financial, and emotional issues related to rights violated by an employer’s unfair employment practices.

Every employee, former employee and job applicant has many different types of rights in the workplace that have been established by state and federal laws. While employment disputes are often complex our office understands how to detect what the legal issues are and how to proceed.

Sexual harassment in the workplace laws provide workers, both male or female, has the right to be free of sexual harassment by employers and fellow workers in the workplace. Maryland laws provide victims of unwelcome sexual advances by an employer or a hostile work environment are entitled to relief and redress.

Employees have rights and obligations that relate to the actuaol elationship between the employers and employees. While individual claims related to employment agreements, employment contracts, layoffs and severance agreements involve many aspects of employment law, an experienced employment litigation attorney can fight for the rights and advantages of individual employees. Find out more about contracting in the workplace.

When employees bring an employer's illegal actions or practices to light, they have a right to be free from retaliation. Under state and federal laws, whistleblowers enjoy a number of different protections. Find out more about whistleblowers’ rights.

Contact Jack I. Hyatt, Attorneys and Counselors at Law, for supportive counseling and aggressive representation, devoted to protecting your interests and rights as an employee.

Whistleblower Claims is one of the most misunderstood areas of the law.ms. Although many people have an idea of what a whistleblower is many they are clear about what protections exist for those who do disclose the activity.

Discrimination Claims Discrimination in the workplace is most often thought to be sexual discrimination, but there are many other forms of illegal discrimination. Illegal discrimination may encompass a variety of issues that include sexual orientation, age, race, color, gender, religion, national origin, marital status or disability. If you feel you have been a victim of discrimination, then you should speak to a qualified attorney about the facts and circumstances of your individual workplace situation. Do not wait until your situation worsens, or you are victimized again. Any delay can prejudice your rights. It is critical that you consult with experienced legal counsel right away.

Simply put, a whistleblower is someone who discovers fraud against the government and then files a law suit on behalf of the government. While this may sound simple, it rarely is. An example is usually a good way to make a point, and in this instance, it may be helpful to understand what may be classified as a whistleblower cause of action.

If you happen to work for a doctor or other health care professional who sees Medicare patients on a regular basis. You do the office books and over time you have noticed that the others in the office are over inflating the amount of time spent with these patients. Instead of the usual 15 minute period, they are claiming 45 minutes. Herein may lie a potential whistleblower action – because the government is being defrauded.

The key is to whether or not you have a whistleblower claim is if the government is involved. If the same health care professionals are also over billing private insurance companies, this is unethical, but not a whistleblower claim. As you can see the main point to consider in actions like this deal with whether or not someone is intentionally ripping off the government.

Both the federal and the state laws outline that the person who blows the whistle gets a portion of whatever penalty the defendant winds up paying the government. In many cases the percentage may range from 15% to 25% for cases settled under the federal act and about 10% to 30% for cases settled under the state statute.

Many people are afraid to blow the whistle as they are certain there will be some serious retaliation. Both the whistleblower acts have provisions protecting the person reporting fraud and if the individual subsequently gets suspended, demoted, fired, harassed or threatened, they may apply for relief under the statute.

The main thing to note is that if you are intending to file a case like this under the Federal False Claims act your should proceed with experienced representation. These cases are not easy and their complexity will ensure a long legal battle in the courts. Only Maryland whistleblower protection lawyers with this kind of specific experience will be able to process these cases.

In both federal and state cases, the attorney first serves the government with the complaint in the event the government wishes to pursue the case itself. If it doesn’t want to get involved in the action, the case falls to the whistleblower and the Chicago employee whistleblower attorney to take the case to court on behalf of the government.

Our law firm will work on a contingency basis and recover a percentage if the case is won. If the case is lost, the attorney receives nothing. This may vary with some lawyers and it is alwys a good idea to learn how you will be charged in the begining.

OUr law firm will take the time to listen to your concerns, ask for all the pertinent details and then we operate on an investigate, evaluate and negotiate basis.

This does not necessarily mean that The Jack I. Hyatt Office will litigate your case, but it will definitely let you know your legal rights and whether or not you do indeed have grounds to proceed to litigation.

Harassment Claims As with discrimination in the workplace, illegal harassment may be based on not only sex, but also any one or more of the other protected characteristics noted above. Harassment at its core is aggression against another person's body or mind. Put another way, harassment is often about the abuse of power, either physically or the abuse of the power of a person's position in relation to the individual being harassed. Note that harassment requires a pattern of conduct; a single negative comment or contact will not prove harassment.

Severance Claims No matter how good you may happen to be at your job, you could lose it through no fault of your own in a downsizing, reduction in force, or other form of lay off. If you are offered a severance package, your employer will most likely require that you release any and all legal rights you may have as a condition to receiving any severance compensation. The severance offer may also include non-economic terms and restrictions that may not be in your very best interests. Many people don't know that they can negotiate a severance package, and that to do so in a beneficial manner, hiring an attorney with experience in this area is a smart one.

Unlawful Retaliation Working with a supervisor might not always be the best experience, particularly if there are problems in the workplace. Close relationships like this are often ripe for personal conflicts and the odd disagreement now and then. If things get to the point where the employee and supervisor are really at odds, what develops is a situation where the worker becomes afraid of retaliation from their supervisor and fears for their job.

There are laws to prevent employees from being the target of retaliation in the workplace and we would be happy to outline them for you if you are in a situation where your supervisor is making your life difficult.

Disability discrimination occurs when an employer or other entity covered by the ADA, the Rehabilitation Act, or any equivalent state or local statute or ordinance, treats a qualified individual with a disability who is an employee or applicant unfavorably because he or she has a disability. The law forbids disability discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Prima Facie - fact presumed to be true unless disproved by some evidence to the contrary. Evidence that will prevail until contradicted and overcome by other evidence. A prima facie case is one in which the plaintiff has presented sufficient evidence to require the defendant to go forward with his or her case. In other words, the plaintiff will prevail if the defendant does not rebut the plaintiff's case.

Cross-Examination - A questioning of a witness produced by the other side.

Damages - Money awarded by a court to a person injured by the unlawful act or negligence of another person.

Decision - A judgment reached or given by a court of law, ,

Mutuality - A meeting of the minds of contracting parties regarding the material terms of the agreement.

Necessarily Included Offense - Where an offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense; sometimes referred to as lesser included offense.

No Contest Plea - Nolo Contendere, jack i. hyatt, maryland discrimination lawyer, jack i hyatt, maryland discrimination attorney, maryland employment lawyer, maryland employment attorney,

No-Fault Proceedings - A civil case in which parties may resolve their dispute without any formal finding of fault or error.

Nolle Prosequi - The prosecutor declines to prosecute, but may still initiate prosecution within the time allowed by law.

Nolo Contendere - No contest. A plea through which the defendant does not admit guilt, but which has the same legal effect as a plea of guilty in a criminal case. However, the no contest plea may not be used in a civil action related to the criminal charge to prove the defendant's civil liability. For example, a plea of nolo contendere for a traffic citation that resulted from an accident cannot be used to convince a judge in a civil case that the defendant is guilty of causing an accident.

Lapsed Gift - A gift made in a will to a person who has died prior to the will-maker's death.

Larceny - Obtaining property by deceit or fraud.

Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine plead guilty by mail . Points may be assessed against the person's driving record for penalty assessment offenses.

Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge jack i. hyatt,

Lesser Included Offense - Any lesser offense included within the statute defining the original charge, such as a lower grade of an offense. An offense composed of some, but not all of the elements of a greater offense and which does not have any additional elements not included in the greater offense, so that it is impossible to commit the greater offense without also committing the lesser.

Letters of Administration - Legal document issued by a court that shows an administrator's legal right to take control of assets in the deceased person's name. Used when the deceased died without a will, jack i. hyatt, maryland discrimination lawyer, jack i hyatt, maryland discrimination attorney, maryland employment lawyer, maryland employment attorney,

Letters Testamentary - Legal document issued by a court that shows an executor's legal right to take control of assets in the deceased person's name. Used when the deceased left a will.

Liable - Legally responsible.

Declaratory Judgment - A judgment of the court explaining the existing law or expressing the opinion of the court as to the rights and status of the parties, but which does not award relief or provide enforcement.

Decree - An order of a court. A final decree is one that fully and finally disposes of the litigation. An interlocutory decree is a preliminary order that often disposes of only part of a lawsuit.

Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.

Summary judgment A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.

Supervised release Term of supervision served after a person is released from prison. The court imposes supervised release during sentencing in addition to the sentence of imprisonment. Unlike parole, supervised release does not replace a portion of the sentence of imprisonment but is in addition to the time spent in prison. U.S. probation officers supervise people on supervised release.

Bankruptcy petition A formal request for the protection of the federal bankruptcy laws. There is an official form for bankruptcy petitions.

Bankruptcy trustee A private individual or corporation appointed in all Chapter 7 and Chapter 13 cases to represent the interests of the bankruptcy estate and the debtor's creditors.

Bench trial A trial without a jury, in which the judge serves as the fact-finder.

Brief A written statement submitted in a trial or appellate proceeding that explains one side's legal and factual arguments.

Burden of proof The duty to prove disputed facts. In civil cases, a plaintiff generally has the burden of proving his or her case. In criminal cases, the government has the burden of proving the defendant's guilt. See standard of proof.

Temporary restraining order Akin to a preliminary injunction, it is a judge's short-term order forbidding certain actions until a full hearing can be conducted. Often referred to as a TRO.

Testimony Evidence presented orally by witnesses during trials or before grand juries.

Tort A civil, not criminal, wrong. A negligent or intentional injury against a person or property, with the exception of breach of contract.

Transfer Any mode or means by which a debtor disposes of or parts with his/her property.

Transcript A written, word-for-word record of what was said, either in a proceeding such as a trial, or during some other formal conversation, such as a hearing or oral deposition.

Appellant The party who appeals a district court's decision, usually seeking reversal of that decision.

Appellate

About appeals; an appellate court has the power to review the judgment of a lower court trial court or tribunal. the U.S. circuit courts of appeals review the decisions of the U.S. district courts.

Appellee The party who opposes an appellant's appeal, and who seeks to persuade the appeals court to affirm the district court's decision. transfer of a debtor's property with the debtor's consent.

Wage garnishment non bankruptcy legal proceeding whereby a plaintiff or creditor seeks to subject to his or her claim the future wages of a debtor. creditor seeks to have part of the debtor's future wages paid to the creditor for a debt owed to the creditor.

Acquittal A jury verdict that a criminal defendant is not guilty, or the finding of a judge that the evidence is insufficient to support a conviction.

Active judge A judge in the full-time service of the court. Compare to senior judge.

Administrative Office of the United States Courts The federal agency responsible for

Defamation - That which tends to injure a person's reputation. Libel is published defamation, whereas slander is spoken. .

Kangaroo Court - Term descriptive of a sham legal proceeding in which a person's rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal.

Knowingly and Willfully - This phrase, in reference to violation of a statute, means consciously and intentionally.

Negligence - Failure to exercise the degree of care that a reasonable person would exercise under the same circumstances.

Default Judgment - A judgment entered against a individual who fails to appear in court or respond to the civil complaint or petition.

Public Defender - A court-appointed lawyer for those defendants who are declared indigent.

Punitive Damages - Damages that are awarded over and above compensatory damages in order to punish the defendant for malicious, wanton, willful, reckless, oppressive, or fraudulent conduct. Punitive damages are imposed to compensate the

Plaintiff for mental anguish, shame, degradation, or other aggravations beyond actual damages.

Quash - To vacate or void a summons, subpoena, etc

Undue hardship The most widely used test for evaluating undue hardship in the dischargeability of a student loan includes three conditions: 1 the debtor cannot maintain - based on current income and expenses - a minimal standard of living if forced to repay the loans; 2 there are indications that the state of affairs is likely to persist for a significant portion of the repayment period; and 3 the debtor made good faith efforts to repay the loans.

Voluntary transfer This is a

Indictment The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial, it is used primarily for felonies.

Substantial abuse The characterization of a bankruptcy case filed by an individual whose debts are primarily consumer debts where the court finds that the granting of relief would be an abuse of chapter 7 because, for example, the debtor can pay its debts jack i hyatt, discrimination in maryland, jack i. hyatt,

No-Contest Clause - Language in a will providing that a person who makes a legal challenge to the will's validity will be disinherited.

Next Friend - One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability.

Inculpatory evidence Evidence indicating that a defendant did commit the crime.

Arraignment A proceeding in which a criminal defendant is brought into court, told of the charges in an indictment or information, and asked to plead guilty or not guilty.

U.S. trustee An officer of the U.S. Department of Justice responsible for supervising the administration of bankruptcy cases, estates, and trustees; monitoring plans and disclosure statements; monitoring creditors' committees; monitoring fee applications; and performing other statutory duties.

Undersecured claim Is a debt that is secured by property that is worth less than the amount of the debt.

Default - A failure to respond to a lawsuit within the specified time.

Cumulative Sentences - Sentences for two or more crimes to run consecutively, rather than concurrently.

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Custody - Detaining of a person by lawful process or authority to assure his her appearance at any hearing; the jailing or imprisonment of a person convicted of a crime.

Law - The enforceable rules that govern individual and group conduct in a society. The law establishes standards of conduct, the procedures governing standards of conduct, and the remedies available when the standards are not adhered to.

Law Clerks - Persons trained in the law who assist judges in researching legal opinions.

Motion to Suppress - A motion to prevent admission of evidence in a case.

Murder - The unlawful killing of a human being with deliberate intent to kill. Murder in the first degree is characterized by premeditation; murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.

Indigent - Needy or impoverished. A defendant who can demonstrate his her indigence to the court may be assigned a court-appointed lawyer at public expense in criminal and child abuse neglect cases, but not in other civil cases.

In Forma Pauperis - In the manner of a pauper. Permission given to a person to sue without payment of court costs because of indigence or poverty.

Information - An accusation against a person for a criminal offense, without an indictment; presented by the prosecution instead of a grand jury. Informations are used for felony charges, not misdemeanors, jack i hyatt, discrimination in maryland, jack i. hyatt,

Infraction - A violation of law not punishable by imprisonment. Minor traffic offenses generally are considered infractions.

Inheritance Tax - A state tax on property that an heir or beneficiary under a will receives from a deceased person's estate. The heir or beneficiary pays this tax.

Patent - A government grant giving an inventor the exclusive right to make or sell his her invention for a term of years.

Libel - Published words or pictures that falsely and maliciously defame a person.

Libel is published defamation; slander is spoken.

Lien - A legal claim against another person's property as security for a debt. A lien does not convey ownership of the property, but gives the lien-holder a right to have his or her debt satisfied out of the proceeds of the property if the debt is not otherwise paid.

Real Property - Land, buildings, and other improvements affixed to the land.

Leading Question - A question that suggests the answer desired of the witness. A individual generally may not ask one's own witness leading questions. Leading questions may be asked only of adverse witnesses and on cross-examination.

Legal Aid - Professional legal services available usually to persons or organizations unable to afford such services.

Leniency - Recommendation for a sentence less than the maximum allowed.

Motion - Oral or written request made by a individual to an action before, during, or after a trial, upon which a court issues a ruling or order.

Motion in Limine - A motion that is made outside the presence of a jury requesting that the court not allow certain evidence that might prejudice the jury. Usually heard before trial begins, jack i. hyatt, maryland discrimination lawyer, jack i hyatt, maryland discrimination attorney, maryland employment lawyer, maryland employment attorney,

Motion to Expunge - A motion to seek to delete material from official court records, such as a record of juvenile conviction.

Motion to Mitigate Sentence - A motion to reduce the sentence.

Motion to Seal - A motion to close records to public inspection.

Impeachment is the process of calling a witness testimony into question As in example, if the attorney can show that the witness may have fabricated portions of his testimony, the witness is said to be It is also called the constitutional process whereby the House of Representatives may impeach accuse of misconduct high officers of the federal government, who are then tried by the Senate.

In camera Latin, meaning in a judge's chambers. Often means outside the presence of a jury and the public. In private. .

Substantive consolidation Putting the assets and liabilities of two or more related debtors into a single pool to pay creditors. Courts are reluctant to allow substantive consolidation since the action must not only justify the benefit that one set of creditors receives, but also the harm that other creditors suffer as a result.

Summary judgment A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.

Reasonable Belief - Probable cause. The facts and circumstances within an arresting officer's knowledge, and of which s he had reasonably trustworthy information, sufficient in themselves to justify a person of average caution in believing that a crime has been or is being committed. Facts sufficient to justify a warrantless arrest.

Reasonable Doubt - Such a doubt as would cause a careful person to hesitate before acting in matters of importance to himself herself.

Defendant - In a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deferred Sentence - A sentence that is postponed to a future time. After conviction, the judge does not announce or impose a sentence, but defers sentencing to a future date so that the defendant will complete certain conditions, such as attending driving school or completing a probationary period. If the person completes the requirements, the case will be dismissed and will not be part of the defendant's criminal record.

Deficiency Judgment - Judgment for a creditor for an amount equal to the difference between the amount owed by the debtor and the amount collected from sale of the collateral.

Demand for Discovery - Demand by the defense lawyer to the prosecutor to furnish material information on a case. Jack I. Hyatt © 3013 The content in this website is for incormation purposes only, does not create an attorney client relationship and any decisions should only be made after retaining na attorney.