We had to hire someone else to be on call to cover an employee's frequent last minute shift cancellations. We said the existing employees needed to be flexible over the next couple weeks (so he can train some more to cover any upcoming last minute cancellations) and the schedule would be different than usual. There is no set schedule, it changes a bit each week. Now she is threatening to "sue for discrimination" because we only gave her one shift this week. Do I need a business lawyer or an employment lawyer (do employment lawyers only work for employees?). We are an LLC.To add to this, we recently took two other (non-minority) employees off the schedule entirely.
You need an employment lawyer.
A full consultation would be necessary to properly advise you.
You call what you need an employment lawyer. There are employee-side, employer-side and some who handle both sides of the issue. Simply ask what the attorney does when you make contact with them.
Discrimination is a term that is grossly misunderstood by lay employees. They think any time they are treated unfairly it is discrimination. However unlawful discrimination is when an employee faces some kind of adverse employment action because of their membership in a protected class of people. What you describe is not unlawful discrimination unless this particular employee was excluded from shifts because of her race, gender or one of several other protected classes.
Good luck to you.
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I agree with Mr. Parikh - you need an employment lawyer. There are many employment lawyers who represent employers.
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You need an employment lawyer. There are employment lawyers who represent plaintiffs/employees, and there are employment lawyers who specialize in representing defendants/employers. You should find an employment lawyer with substantial defense experience. From the limited facts you provide, it does not seem that the subject employee has much of a case, but a full review of all relevant facts is necessary for providing a meaningful opinion.
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You need to consult with an employment law attorney. Don't post information about this matter online because the matter is sensitive since lawsuits regarding claims of discrimination can be very costly. Call an employment law attorney to discuss how to handle this situation. Some employment law attorneys only represent employees or employers. Some of us represent either side. Your consultation fee, etc. is a tax write-off for your business and is a must to avoid getting sued. Find employment law attorney contact info on Avvo.com.
The type of lawyer you are asking about is a discrimination lawyer
You need an employment attorney that handles defense of these types of cases. Some attorneys handle both plaintiff's cases, and defense cases -- these attorneys will be able to assist you as well. You may also consider having the attorney consult on business practices so as to avoid these types of worries in the future. There are many attorneys on AVVO here in Northern California that can assist you. Best of luck.
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It sounds like you will need an employment lawyer who represents management, not individual employees. There are a lot of us out there that only represent companies who are being sued by their employees or prospective employees.
You need an employment defense attorney stat.
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