William Lucas Marder Labor and Employment Law Blog on Lawyers.com

When it comes to employment law, the media perpetuates many stereotypes. If you feel that your rights are being violated in the workplace, do not allow misconceptions to influence whether or not you consult a lawyer focusing on employment litigation.

If you want to know if you have a valid dispute or claim, it is important to recognize common misconceptions about employment laws, firms, and attorneys.

Myths and the workplace

Many popular beliefs regarding employment law are not true. Examples of misconceptions about federal laws and employment laws in San Jose include the following:

• Discrimination and harassment are the same: Harassment is misconduct towards another person, such as unwanted physical contact or insults. Discrimination refers to employment decisions that focus on personal aspects such as sex or race.
• A salaried employee may not receive overtime compensation: Whether or not the employee is salaried does not matter. What matters is whether the employee is exempt from overtime laws or non-exempt. If you are working more than 40 hours a week but are not compensated for overtime, consult a lawyer to find out if you have a claim.
• Only layoffs receive unemployment compensation: In order for an employer to withhold compensation, the employer must prove that they warned the fired employee about a particular action, and the employee went on to violate that warning. This is difficult to prove. Terminated employees should speak with an attorney or a mediator about pursuing a beneficial dispute resolution.
• An employer may permanently replace you if you take medical or family leave: According to the Family and Medical Leave Act (FMLA), an employer must keep your job for you for three months without pay. State law differs from federal law, particularly in California where a woman can have up to seven months of pregnancy leave.

If you feel that you have been treated unfairly at work, begin researching reputable law firms in your area. Good employment lawyers in San Jose can help you decide if you should pursue a lawsuit or if mediation is a better resolution for your dispute.

Employment law firm in San Jose

Polaris Law Group LLP is a firm located in Hollister, California. Our lawyers fight hard to get the compensation you need. We can help anwer any questinos about San Jose employment dispute resolution, find a mediator, provide guidance through litigation, or even pursue a lawsuit for you.