A lot of people ask me about why I charge a Consultation Fee of $300. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

Workplace demotions and civil rights concerns

On Behalf of | Jan 30, 2023 | Civil Rights |

While the process of demoting an employee can seem a stressful and intimidating endeavor, sometimes it could also prove necessary. However, companies in Hawaii that face similar issues may find it helpful to be thorough with how they approach this process and to use caution to avoid violating the rights of the employee. As workplace demotions that involve a violation of employee civil rights can create a variety of challenges, taking steps to avoid such issues may be integral to protecting the interests of everyone. 

Civil rights violations 

Experts indicate that there are various scenarios in which a demotion might lead to a violation of civil rights. While the presence of discrimination is an issue many companies might feel it is vital to protect against, studies indicate that demotions based on discriminatory factors continue to impact the lives of many workers. Businesses that wish to protect against allegations of discrimination may benefit from being thorough and clearly documenting the reasons behind a demotion. 

Studies also indicate that companies might benefit from adhering to rules and protections provided by the Family Medical Leave Act. Demoting an employee who is currently on leave or has recently returned to work could prove a complex task and using caution when approaching similar endeavors may prove imperative. This may also apply to employees who are active members of the military and are on or returning from active duty.  

Addressing the options 

Companies that feel it is necessary to carry out a demotion and do not wish to violate an employee’s civil rights in the process might benefit from seeking guidance prior to making a final decision. By speaking with an employment law attorney, a company could obtain much-needed advice in carefully addressing the situation and exploring its available options. An attorney can help a client in Hawaii take steps to protect its interests and promote civil rights compliance during similar business endeavors.