Derek Smith Law Group / Employment Law Attorneys

Employment Law Attorneys

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TABLE OF CONTENTS

Get Help from Employment Lawyers with Over 30 Years of Experience
Employment Lawyers with Over 25 Years of Experience in Helping Victims of Employee Rights Violations.
What Are Employment Law Violations?
What Rights Does Employment Law Cover?
Why Should You Work with an Employment Lawyer?
Contact Our Experienced Team of Employment Law Attorneys Today for Your Free Consultation
Did You Experience a Violation of Your Employment Rights? Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

Get Help from Employment Lawyers with Over 30 Years of Experience

An experienced employment lawyer helps protect employees and job seekers from harassment, discrimination, and other unlawful treatment in the workplace.

Violations of employee rights can appear in many forms. They can violate your civil rights, deny you proper wages for the hours worked or create issues rooted in retaliation (i.e., wrongful termination and demotions). When you face any violations of your rights as an employee, you deserve an attorney who believes in justice. You deserve a lawyer who will stand up against these injustices for you. Your attorney should advocate for your rights the way they would for their own.

If you were punished for speaking up about workplace conditions or discussing pay with coworkers, you may also have the right to file a charge with the NLRB under the National Labor Relations Act (NLRA).

At the Derek Smith Law Group, our experienced employee rights lawyers have spent over 30 years standing up for individuals harmed by illegal workplace practices. We have a proven track record of success, having secured significant compensation for our clients and holding employers accountable for their actions. From your initial consultation to the final resolution, whether through negotiation or trial, our legal team is committed to guiding you every step of the way.

What Are Common Violations of Employee Rights in the Workplace?

Workplace rights violations occur when employers fail to honor the legal protections granted to workers.

Whether you are a full-time employee, part-time staff member, intern, contractor, or gig worker, you are entitled to certain protections under federal and state law.

Employees have the legal right to:

Fair pay for every hour worked
A workplace free from discrimination based on personal characteristics like race, gender, or religion. Federal and state laws prohibit race discrimination, gender bias, and religious prejudice in the workplace.
Protection from sexual harassment, including verbal, physical, and online misconduct
Whistleblower safeguards when reporting illegal or unethical behavior
Freedom from retaliation if you stand up for your rights or report violations
Family or medical leave, as provided under federal laws like the FMLA or expanded state-specific paid leave programs

These rights are supported by laws such as:

The Fair Labor Standards Act (FLSA) – ensuring minimum wage and overtime pay
Title VII of the Civil Rights Act – prohibiting discrimination based on protected categories
The Family and Medical Leave Act (FMLA) – providing job-protected unpaid leave
The Americans with Disabilities Act (ADA) – guaranteeing reasonable accommodations
The Age Discrimination in Employment Act (ADEA) – protecting workers aged 40 and older

Recent developments in labor law also address issues such as:

Algorithmic bias in hiring and promotions, especially when AI tools are involved
Expanded remote work rights for employees in certain jurisdictions
Greater protections for freelancers and independent contractors in states like California and New York

If your employer violated any of these protections—by underpaying you, treating you unfairly, denying leave, or punishing you for speaking up—you may have a legal claim.

A qualified workplace rights lawyer can help evaluate your situation and guide you through the next steps. Every worker deserves to be treated fairly—whether on-site, remote, or freelance. Our attorneys stay current with evolving employment laws to protect your job, your income, and your dignity. Call for free consultation at 800-807-2209.

What Legal Rights Do Employees Have at Work?

Think of your workplace rights like a safety net—always there, even when things feel uncertain.

If you are like many workers, you may not realize just how many protections the law offers you—whether you work full-time, part-time, freelance, or in the gig economy. The truth is, your job title or contract type does not erase your rights. In many cases, federal, state, and even local laws step in to ensure you are treated fairly. Whether you clock in at a corporate office, run deliveries as a gig worker, or log in remotely from your home, the law gives you protections that many employers either overlook—or hope you never learn about.

And yet, companies still get away with unfair treatment. Why? Because people are unsure of what qualifies as illegal.

Of course, knowing you have rights is only half the battle. Enforcing them often takes courage—and support. Your workplace rights are protected by both federal and state laws. These laws exist to make sure employers treat workers fairly, safely, and with respect – it’s not optional; it’s required.

Here are the main types of work-related legal problems an experienced employee rights lawyer can help you with:

Key Job-Related Legal Issues

Discrimination

Under Title VII of the Civil Rights Act of 1964, it is illegal for an employer to discriminate based on protected characteristics. If you believe you have faced unfair treatment, especially discrimination based on race, gender, or religion, learn more about your rights. These include:

Race Discrimination
Religion Discrimination
Color Discrimination
National Origin or Citizenship Status Discrimination
Disability (under the ADA) Discrimination
Age (40 or older, under the ADEA) Discrimination
Gender or Sex Discrimination
Sexual Orientation Discrimination
Gender Identity Discrimination
Genetic Information Discrimination
Military or Veteran Status Discrimination

Discrimination can happen at any level—from CEOs to coworkers—and can impact hiring, pay, promotions, assignments, and termination.

Sexual Harassment

Federal and state laws prohibit sexual harassment in the workplace. This includes:

Unwanted touching or sexual advances
Offensive jokes, comments, or messages
Online harassment or sexually explicit emails/texts
Hostile work environments, especially for LGBTQ+ workers
Assault or abuse in a workplace setting

Our harassment legal support team helps victims understand their rights and pursue justice.

Retaliation

It is unlawful for an employer to punish an employee for:

Reporting discrimination or harassment
Participating in a workplace investigation
Refusing to engage in illegal activities
Requesting accommodation or leave
Filing a complaint with the EEOC or DOL

Retaliation may include termination, demotion, loss of hours, shift changes, or unfair performance reviews. If you are experiencing this, speak with a workplace rights lawyer immediately.

Wrongful Termination

If you were fired for exercising your legal rights, you may have a wrongful termination claim. Common examples include:

Refusing to comply with illegal orders
Reporting safety violations or discrimination
Taking protected leave
Being terminated based on your identity or protected status

Your employer cannot legally fire you for asserting your rights.

Wage and Hour Disputes

Wage-related violations can happen in many ways. These issues include:

Unpaid overtime or minimum wage violations
Misclassification as a contractor instead of an employee
Withholding tips or bonuses
Failure to pay severance or final wages
Layoffs without proper WARN Act notice
Illegal payroll deductions

If you’re facing any of these, a labor attorney can help recover the pay you’re owed.

Whistleblower Protection

Workers who report fraud, illegal activity, or public safety risks are protected under whistleblower laws. This includes government employees and, in some cases, private-sector workers under specific statutes.

Whistleblowers are entitled to:

Confidential reporting channels
Protection from retaliation
Potential compensation in some cases (e.g., under SEC or IRS whistleblower programs)

Family and Medical Leave

If you work for a company with 50 or more employees, you may be eligible for unpaid, job-protected leave under the Family and Medical Leave Act (FMLA). Qualifying reasons include:

Personal health issues
Caring for a seriously ill spouse, child, or parent
Pregnancy, childbirth, or adoption
Military family leave

You can also visit the DOL’s elaws Advisors to explore federal employment laws, including your rights to overtime pay, medical leave, and other workplace protections. Some states now offer paid family leave programs that expand these benefits. Our team can help clarify what you are eligible for.

Employment Contracts

If you signed an employment contract—such as a non-compete, severance agreement, or confidentiality clause—your employer must honor the terms.

When your employer violates those terms, a legal advocate for workers can help enforce the agreement and recover damages.

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

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Why Should You Work with an Employment Lawyer?

When your job and your dignity are on the line, it is easy to feel overwhelmed, stuck, or even powerless. Maybe you were harassed, unfairly fired, denied your wages, or punished for speaking up. You know something is wrong, but you are not sure what to do next. That is exactly when you should speak with an experienced employment lawyer.

An employment attorney helps you understand your legal rights, prepares and files complaints, represents you in negotiations or court, and fights for real outcomes—whether that is fair compensation, job reinstatement, or simply making your voice heard. They guide you through every step, protect you from retaliation, and ensure nothing falls through the cracks.

Most offer free consultations, and many work on a contingency fee, meaning you only pay if they win your case. In short, yes, it is absolutely worth hiring a workplace rights lawyer when your future, your finances, or your peace of mind are at stake.

Whether you are unsure if your rights were violated or you know you were mistreated, legal help can give you clarity, confidence, and control over what happens next. If you believe your rights were violated at work, you may also file a complaint with the EEOC to initiate a federal investigation into your claims.

Contact Our Top Rated Employment Rights Attorneys Today for Your Free Consultation

When your job is on the line, it is more than just a paycheck, it is your stability, your peace of mind, and your future. If you have been mistreated at work, you do not have to face it alone. Our compassionate and experienced employment law attorneys are here to listen, support, and fight for you.

At Derek Smith Law Group, we stand up for workers because your voice matters and your rights deserve protection. We defend employee rights in cases involving discrimination, harassment, wrongful termination, and retaliation. Whether we negotiate or litigate, we are in your corner.

Take the first step toward reclaiming your workplace rights. Schedule your free consultation with our trusted legal team today. No fees unless we win.

Call us at (800) 807-2209 or contact one of our offices in New York, New Jersey, Pennsylvania, Florida, California, or Washington D.C.

Commonly Asked Questions Related to Employment Law

What are my rights as an employee under U.S. employment law?

Under U.S. employment law, employees are protected against discrimination, harassment, retaliation, and wrongful termination. Federal laws like Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Family and Medical Leave Act (FMLA) ensure that you cannot be treated unfairly due to your race, gender, religion, age, disability, or other protected characteristics. At our firm, we advocate for employee rights and guide clients through the process of holding employers accountable.

How do I know if I have been wrongfully terminated?

You may have been wrongfully terminated if you were fired for reasons that violate federal or state laws—such as retaliation for reporting harassment, discrimination, or for exercising your legal rights (e.g., taking medical leave or reporting unsafe conditions). Our experienced attorneys can review the circumstances of your termination and determine whether you have a valid claim.

What should I do if I experience workplace discrimination or harassment?

If you are being harassed or discriminated against at work due to your race, gender, sexual orientation, religion, disability, or other protected trait, document the behavior, report it to HR (if safe to do so), and consult an employment lawyer. You may also need to file a charge with the EEOC before you can pursue a lawsuit. Our legal team can help you understand your rights and take action to protect your career and dignity.

Do I need to file a complaint with the EEOC before suing my employer?

Yes. In most federal employment discrimination cases, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) and receive a Notice of Right to Sue. This step is required before filing a lawsuit under laws like Title VII, ADA, or ADEA. We regularly assist clients with filing EEOC charges and navigating the administrative process.

What is considered retaliation in the workplace?

Retaliation occurs when an employer punishes you for engaging in protected activity, such as reporting harassment, filing a complaint, or participating in a workplace investigation. This can include demotions, terminations, reduced hours, or hostile behavior. Retaliation is illegal under several federal and state laws, and our firm has helped hundreds of employees fight back and recover compensation for such violations.

Can I sue my employer for unpaid wages or overtime violations?

Yes. If your employer has failed to pay you minimum wage, overtime, or has misclassified you as an independent contractor or exempt employee, you may have a claim under the Fair Labor Standards Act (FLSA) or similar state laws. You have a right to be fully compensated for the hours you work. Our attorneys can help you file a wage claim or lawsuit to recover the pay you rightfully earned.

Our Attorneys

Did You Experience a Violation of Your Employment Rights?

Do You Have Questions About Your Legal Rights at Work? Please call us at 800.807.2209 or email derek@dereksmithlaw.com to Learn More About Your Rights.

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.