If you are faced with a conflict in your place of work, you need the guidance of a competent employment attorney to understand your rights and responsibilities under the law. Employment conflicts can take many forms, and may be covered by any number of protected statuses under the law. Your best course of action in achieving a satisfactory resolution of your issue is to retain the services of an employment attorney who fully understands this complex area of law, and has the experience and tenacity to fully serve your interests.

Discrimination in the workplace is a serious matter, requiring the intervention of an employment attorney in some cases. Discrimination typically falls under one of a few common categories; workers may be discriminated against because of their gender, age, race or national origin, sexual orientation, or physical disability. The law in South Carolina and most other states recognizes the protected status of individuals who fall into these categories. Additionally, South Carolina law recognizes the rights of individuals to be treated fairly based on their marital status. An employment attorney can help you understand if your employer’s actions are illegal due to your particular case and any protected class to which you may belong.

For employers, an employment attorney can help clients understand their responsibility to act within the law, and formulate practices to protect both worker and company. In addition, an employment attorney can act as counsel on the behalf of a company in cases where an employee brings action for alleged discrimination.

Intellectual property law is another area of concern for employers and workers alike, and your employment attorney should be knowledgeable in the application and implications of IP law. Most states, including Florida, recognize the validity of a non-competition agreement, used to protect an employer’s trade secrets and intellectual property in the event a worker moves on to other employment. There are certain guidelines and provisions governing the validity and scope of a non-competition agreement, but these may fail to address the specific circumstances of an employee-company relationship both during and after the employment period.

In cases where a conflict arises over intellectual property, trade secrets, or when an employee goes to work for a competitor, an employment attorney can help resolve the situation by giving the client (employee or employer) a solid understanding of the law and how it affects the client’s ability to act on an agreement. In cases where an employee seeks other employment and is blocked by his or her former employer, an employment attorney can review the contract to ensure it is appropriate in scope, duration, and limitations, and give advice to the employee as to their available courses of action. This may involve mediating the issue with the former employer, or bringing the case before a judge in order to receive a final, binding decision on the enforceability of the agreement.

For the employer, an employment attorney can assist in developing a legally sound and durable non-competition agreement, ensuring that the terms of the agreement fall within the limits of the law. Having the assistance of knowledgeable counsel will give employers a thorough understanding of their rights and limits under the law, and ensure that the agreement will stand up to scrutiny in the event that an agreement or its terms are challenged by an employee at some future date.

An employment attorney can be a great asset to both employers and companies in protecting the interests of the client. While it is absolutely encouraged to consult an attorney in cases where a conflict has arisen, it is equally advantageous to retain counsel as a preventative measure against future litigation. Having a solid understanding of the law, no matter what the nature of the conflict, can make the resolution process both smooth and satisfactory.

If you need advice on any employment issue, a qualified employment attorney from our firm is at your disposal to help you understand your case, and execute an action plan.