Discrimination

In Alabama, like most states, employment is “at will,” meaning that an employer can terminate (or refuse to hire) an employee for most reasons, so long as the termination (or refusal to hire) is not based upon a reason that is specifically prohibited by law or against the public policy of Alabama. Both Federal and Alabama law prohibit employers from taking an adverse employment action against an employee based upon the employee’s race, gender, age (if an employee is at least 40 years old), disability, serious health condition (of yourself or family member), sexual orientation, pregnancy, and religion. Similarly, employers cannot knowingly allow their employees to be subjected to a hostile work environment based upon such traits.

In addition, with respect to an employee’s religion or disability, an employer may have a duty to accommodate the employee’s religion or disability (if such an accommodation can be accomplished without imposing an undue burden upon the employer). It is also unlawful for an employer to retaliate against an employee because the employee has exercised his/her rights under the law. If you are an employer, the existence of effective anti-discrimination polices (and objective disciplinary procedures) can often be a key factor in limiting liability for alleged discrimination.

If you are an employee, it is important that you exercise your rights in a timely manner and in accordance with the requirements set forth under the law, since failure to do so can result in an employee losing his/her right to bring a legitimate claim against the employer.

Employment Contracts and Non-Compete/Non-Solicitation Agreements

 Employment agreements set forth the rights and responsibilities of both the employer and employee and have the benefit of setting forth in writing the parties’ expectations prior to entering into an employer/employee relationship.  Alternatively, for some, an independent contractor agreement may be a more advantageous business arrangement than entering into an employer/employee relationship. Fenny & Fenny LLC can assist you in the drafting of employment agreements/manuals and/or independent contractor agreements, as well as with any litigation involving the employment/contractor relationship. 

Although there are many different areas that employment/contractor agreements may address, two common provisions included in many employment contracts are non-compete and non-solicitation clauses.  Non-compete clauses generally restrict the right of the employee to work in a certain field, for a certain period of time, and in a certain geographical location after employment with the employer has come to an end. 

Although such non-compete clauses are generally enforceable if they are reasonable in scope, if they are not properly drafted, they may not be enforceable in court.  On the other hand, non-solicitation clauses generally prohibit an employee from soliciting the employer’s customers/clients (typically for a certain time period) and are usually enforceable.

Wage/Hour Laws

 Under Alabama law, many employees are entitled to be paid their hourly wages every two weeks, in addition to overtime above 40 hours/week.  If an employee has not been paid the wages/compensation owed to him/her, that employee may have the right to maintain a suit against the employer to recover the amounts owed, along with treble damages (triple damages) and attorneys’ fees.  However, not all employees qualify for such protection and not all employers are subject to such requirements.

Fenny & Fenny LLC

At Fenny & Fenny LLC., our experienced lawyers provide legal counsel and representation to businesses and business professionals in employment law matters. Our employment law practice protects the interests of clients in a wide range of areas, including employment litigation for contract disputes and the violation of non-compete agreements.

Our lawyers also provide general counsel to businesses on employment law matters, in addition to advice and counsel on other legal issues. We have the resources and capability to handle complex employment law issues in an effective manner, while providing a level of personal attention and focused service that you would expect from a smaller law firm. In our practice, we strike a balanced approach between efficiency, experience and quality service.