Employment Litigation
Gibson Perryman attorneys have litigated hundreds of employment cases. Just this year, Gibson Perryman was successful in obtaining jury verdicts for our clients in two cases.
Memphis Employment Litigation Attorneys
Any sort of discrimination at work can be hurtful and inappropriate. Our team at Gibson Perryman has been litigating employment cases in the Tennessee community since 1963. Our Memphis employment and litigation attorneys have years of experience establishing justice on behalf of anyone facing unlawful discrimination on the workplace.
In June 2022, our team of attorneys obtained a jury verdict in a Race Discrimination case for almost $12 million dollars, which included a $10 million punitive damages award. A couple of months later, in August 2022, our attorneys obtained a jury verdict of $240,000 in a gender discrimination case that also included a punitive damages award.
Our attorneys have represented both plaintiffs and defendants in employment cases, which gives us a unique perspective on what is best for the client. Gibson Perryman attorneys have taken employment cases all the way to the United States Supreme Court.
What Is Employment Discrimination?
Discrimination in the workplace occurs when an employer makes a bias decision based upon your membership in a protected class. It should be known that your employer is legally prohibited from discriminating against you in any matters such as recruitment, hiring, wages, benefits, training, promotion, firing and work shifts.
It is possible for discrimination to occur any time during employment. This could include the job application process or the termination of employment. Discriminatory practices are also quite common when it comes to employee compensation, raises, or promotions.
Types of Employment Discrimination
There are many types of employee discrimination in the workplace. Discrimination can occur during the hiring process, termination process, or during the course of employment. Our Gibson Perryman attorneys represent clients in all types of employment cases. Some of the most common employee discrimination types include the following:
Wrongful Termination
This type of employment discrimination occurs when an employer chooses to fire an employee in turn breaching public law or employee contract. Essentially, wrongful termination occurs if the employer fires an employee for an illegal reason.
Race Discrimination
This type of employee discrimination involves treating an employee or applicant with unfair and unfavorably because he or she is of a certain race. Race discrimination also occurs because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).
Gender Discrimination
Gender discrimination involves treating an applicant or current employee unfavorably because of that person’s gender. This can include the person’s sexual orientation, gender identity, or pregnancy.
Age Discrimination
This type of employment discrimination involves treating an applicant or current employee less favorably because of his or her age. The Age Discrimination in Employment Act (ADEA) forbids age discrimination against people who are age 40 or older.
FMLA Claims
Another type of employment discrimination is violation of FMLA (Family and Medical Leave Act) claims in the workplace. The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the period of the leave.
ADA Claims
If you have a disability and are qualified to do a job, the ADA (Americans with Disability Act) protects you from employment discrimination on the basis of your disability.
Retaliation
This type of workplace discrimination occurs when a manager, supervisor, administrator or other workplace official fires an employee or takes any other type of adverse action against an employee for engaging in protected activity.
Whistleblowing
A whistleblower in the workplace is someone who reports workplace conditions that they believe to be unsafe or potentially illegal. Legally, you cannot retaliate against a whistleblower for reporting injuries, safety concerns, or other protected activities.
Sexual Harassment
Employment Agreements
An employment agreement is a contract between an employer and employee that outlines the terms and conditions of the working relationship. These agreements cannot be violated in any illegal way.
Non-Compete Agreements
This kind of agreement is a contract between an employee and employer stating the employee agrees not to compete with an employer after the employment period is over.
Severance Agreements
A severance agreement is a contract that an employer can ask an employee to sign when they are terminated from a job. Severance pay is often granted to employees upon termination of employment.
Damages Available for Employment Litigation and Discrimination
Any type of damages available to the plaintiff in a Memphis workplace discrimination case usually depend on the nature of their claim and the exact laws their employer has violated. Employees may be able to recover back pay, lost wages, compensatory damages, punitive damages and attorney’s fees depending on the circumstances.
How Our Memphis Employment Litigation and Discrimination Attorneys Can Help
Our Memphis employment litigation and discrimination attorneys are passionate about representing individuals who have endured discrimination at work. We strongly believe it is essential that you feel comfortable and protected in your workplace. Our Memphis attorneys are ready to help you make that happen.
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