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 diverse and complicated, applying to employees, job applicants, and former employees, often involving constitutional rights.

Maryland City Metro Employee Law Firm

Jack I. Hyatt, Attorneys and Counselors at Law, has a committed staff of legal professionals that offer the expertise and experience needed to help employees injured by unfair employment practices. They understand the need to help individuals protect and assert their rights in the workplace.

Contact our litigation staff for help coping with the legal, financial, and emotional issues related to rights violated by an employer’s unfair employment practices.

Every employee, former employee and job applicant has basic rights in the workplace that have been established by intricate state and federal laws. While employment disputes are often complex, many disputes involve:

Discrimination in the Workplace

Federal laws like Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA) and the Age Discrimination Act prohibit employers from discriminating against individuals on a variety of different characteristics, including sex, race, age or religion. Discrimination takes place in many forms and may not even be intentional. Find out more about discrimination.

Sexual Harassment in the Workplace

Every worker, whether male or female, has the right to be free of sexual harassment by employers and fellow workers in the workplace. Governed by Maryland State law, victims of unwelcome sexual advances by an employer or a hostile work environment are entitled to relief and redress. Find out more about sexual harassment in the workplace.

Contracting in the Workplace

Employees have rights and obligations that relate to the contractual relationship between the employer and employee. While individual claims related to employment agreements, employment contracts, layoffs and severance agreements involve diverse 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.

Whistleblower Retaliation

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

One of the most misunderstood areas of the law are whistleblower/qui tam claims. While many people have an idea of what a whistleblower is, they are uncertain about what protections exist for those who do "blow the whistle" when fraud is discovered against the government.

Generally speaking, these types of claims are filed under the Federal False Claims Act (if the federal government is defrauded) or, in Maryland, under the Whistleblower Reward and Protection Act. The Maryland act protects the state government from being defrauded.

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 here 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, we strongly recommend you do so with legal representation. Qui tam cases are not easy and their complexity will ensure a long legal battle in the courts. Only Chicago whistleblower protection lawyers with this kind of experience will be able to handle 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.

We 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 qui tam attorneys, and it’s best to ask how they do their billing up front.

At The Coffey Law Office we 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 means that The Coffey Law Office will only charge a one-time, non-refundable fee for assessing the merits of your case.

The fee is based on your financial ability to pay and the extent of the work required in determining if the case is meritorious. This does not necessarily mean that The Coffey Law 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 (of some form) against another person's mind or body. 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. Severance Claims

Unfortunately, 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 and FMLA Issues

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.

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.

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.

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.

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

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.

Infra - Below.

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.

Prima Facie - Presumably. A 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 - The 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. <

No Contest Plea - See Nolo Contendere, jack i. hyatt, chapter 13, jack i hyatt, chapter 13 plan,

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

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 fraud or deceit.

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, chapter 13, jack i hyatt, chapter 13 plan, .

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. like alower 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.

Letters Testamentary - Legal document issued by a court which 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 that explains what the existing law is or expresses 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.

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

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.

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.

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

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.

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.

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.