Practice Areas

Attorney Serving Clients in Washington, D.C.

When you go to work, you hope your employer will treat you in accord with the pertinent employment laws. Unfortunately, some employers discriminate against, harass, or wrongfully terminate their employees. Some commit wage theft. You may be able to recover damages. If you are concerned about an employment matter in Washington, D.C., you should consult seasoned Washington, D.C. employment lawyer Matthew Famiglietti about your situation. Mr. Famiglietti also handles asylum, disability, and special education matters.

Employment Law

Employers have many legal obligations to their employees. Unfortunately, whether inadvertently or intentionally, they do not always live up to those obligations. Employment disputes may arise in connection with discrimination, harassment, wage and hour violations, and wrongful termination. You may be able to pursue damages against an employer that fails to abide by federal or Washington, D.C. employment laws. In some cases, such as with federal laws enforced by the Equal Employment Opportunity Commission (EEOC), you must file a charge with an agency before filing a lawsuit for relief in court.

Employment Discrimination

Employment discrimination occurs when an employer makes an adverse employment decision against an employee based on the employee’s membership in a protected class. There are multiple federal laws that govern employment discrimination, each protecting different classes. Many of these are enforced by the Equal Employment Opportunity Commission (EEOC). Damages are capped under most of the federal laws. To learn more about the damages you may be entitled to receive, speak to an employment lawyer based in Washington, D.C. It is important to note, the District of Columbia Human Rights Act is more expansive, providing protection against discrimination based on twenty-one different traits. Damages are not capped and if successful in your suit, you may be able to recover compensatory damages and injunctive relief, such as reinstatement.

Sexual Harassment

Sexual harassment consists of any adverse actions arising out of the victim’s sex. The harassing conduct may include violence, assault, threats, pranks, jokes, derogatory remarks, memes, and graphics. For example, if your supervisor jokes about how women aren’t good workers and touches you inappropriately, this is actionable sexual harassment. Sexual harassment can be committed by either sex against either sex, and it can be perpetrated when the victim and perpetrator are the same sex. Courts often categorize sexual harassment in two ways, as quid pro quo harassment or hostile work environment harassment.

Wrongful Termination

Generally, employment is at will in Washington, D.C. and you can be terminated for any reason or no reason. However, there are exceptions. You can’t be terminated in violation of the law or public policy. For instance, you should not be terminated in retaliation for complaining of your supervisor’s racial harassment to HR, and, if you are, you may be able to recover damages in a lawsuit. Similarly, you can’t be terminated because you refused to be involved in illegal activity. If you feel you have been wrongfully terminated, speak to an employment attorney in Washington, D.C.

Wage and Hour Law

The Washington, D.C. Minimum Wage Act parallels the federal Fair Labor Standards Act (FLSA), but protects more employees. The D.C. law requires employers to pay employees at least a minimum wage. As of July 2020, the minimum wage in Washington, D.C. is $15 per hour. Many D.C. employers are required to pay time and a half for overtime; most employees should get 1.5 times their regular rate for any hours worked over 40 in a workweek. For a minimum wage violation, you may be able to recover liquidated damages of up to three times the unpaid wage amount, attorneys’ fees, and court costs.

Asylum

If you are reasonably afraid to leave the United States and go back to your country of origin, you may be eligible for asylum. To apply for asylum, you need to be in the United States and establish that you are a refugee. Refugees are those who have suffered persecution in the past or have a well-founded fear of persecution if they’re returned to their country of origin. The persecution must be based on race, religion, nationality or ethnicity, political beliefs or membership in a specific social group.

ADA

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against a qualified individual on the basis of disability in various areas of public life, including employment, public accommodations, transportation, and communications. For instance, under Title II of the ADA, businesses that are open to the public or provide the public with services or goods cannot discriminate on the basis of disability. The ADA defines a disability as a physical or mental impairment that substantially restricts a major life activity. Under Title I of the ADA, employers are also required to provide reasonable accommodations to qualified disabled individuals, unless providing the reasonable accommodation would cause an undue hardship to the employer.

Special Education

Disabled children are protected by federal and local laws. One of the primary special education laws is the Individuals with Disabilities Education Act (IDEA). This law requires special education for children with disabilities from preschool to age 21; your child may be entitled to an Individualized Education Program after evaluation of your child’s academic performance.

Consult a Washington, D.C. Attorney

Whether you’re concerned about employment discrimination or wrongful termination, you should consult Washington, D.C. employment attorney Matthew T. Famiglietti. Mr. Famiglietti is also dedicated to serving the legal needs of clients applying for asylum or facing challenges related to disabilities in Washington, D.C., and South Carolina. The firm is professional, patient, and consistent, providing each new case with the attention it deserves. We work closely with clients so they can make the appropriate decision regarding their legal needs. Call the Law Office of Matthew T. Famiglietti at (202) 669-5880 or complete our online form.