Mark W. Biggerman, Attorney at LawMark W. Biggerman, Attorney at Law2026-10-15T15:35:35Zhttps://www.mblegal.com/feed/atom/WordPress/wp-content/uploads/sites/1304228/2025/09/cropped-mbiggerman-siteicon-512px-32x32.jpgOn Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Entering a protected class cannot lead to discrimination]]>https://www.mblegal.com/?p=477572026-10-15T15:35:35Z2026-10-15T15:35:35ZWorkplace discrimination often means that someone has faced unfair treatment based on their inclusion in a protected class. Race is a protected class, for example. If an employer made hiring decisions based on the race of the candidates who applied, or factors like their ethnic background or country of origin, that would be clear-cut discrimination. The same would be true if a worker was terminated from their position based on these characteristics.
But in some cases, workers who were not previously in a protected class will enter one. It is very important that they do not face future discrimination at this point.
How would this happen?
There are many possible scenarios where someone could join a protected class they were not in previously. Below are three examples:
A woman is hired to work at a company out of college, and she is unmarried and does not have any children. But in her early 30s, she gets married and decides to start a family. When she becomes pregnant, her employer fires her from her job.
An employee is hired without any discussion of their religious background or beliefs. While employed, however, they decide to join a religion, and their boss finds out about the decision. The employer decides to let the employee go as a result.
When an employee is brought on, they do not have any physical limitations to consider. However, they later suffer an injury that leaves them with a lasting disability. Instead of making reasonable accommodations so that they can continue doing their job, the employer decides to fire them and replace them with another worker.
These are just three examples, but they do show how life can change, and how employees may move in or out of certain protected classes. They deserve fair treatment at any stage in this process and must know what legal options they have when facing discrimination.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Can your employee require you to work off the clock?]]>https://www.mblegal.com/?p=477552026-10-09T21:55:57Z2026-10-09T21:55:57ZWork schedules help employees understand when their workday begins and when it ends. However, some job responsibilities may make it difficult to leave work behind once a shift is over.
Employees may find themselves answering messages at home, arriving early to prepare for the day or finishing tasks hours after clocking out. When this time goes unpaid, it can raise questions about whether an employer is following wage and hour laws.
Understanding your right to be paid for work
Under federal law, covered nonexempt employees generally must be paid for all hours they work, including certain tasks performed before or after a scheduled shift. This may include setting up equipment, completing required paperwork or responding to work-related messages outside regular hours. Even if an employer does not specifically ask an employee to record this time, the work may still need to be paid if the employer knows or has reason to believe it is being performed.Unpaid work can also happen when employees are expected to stay late to finish assignments or handle additional responsibilities after clocking out. Employers generally cannot avoid paying for compensable work simply by requiring employees to clock out first. Whether the time must be paid depends on the circumstances, including the type of work performed and whether the employer knew or should have known about it. Under federal law, covered nonexempt employees generally must receive overtime pay for hours worked beyond 40 in a workweek, although some employees may be subject to different rules under applicable law.Keeping track of unpaid work can help employees understand whether their rights may have been violated. Recording the dates, hours worked, tasks completed and any instructions from supervisors can help provide useful information if a pay dispute arises. These records can help establish how much time was spent working and whether that time was properly included in their pay.Employees should not have to guess whether their time is being valued fairly. If an employer regularly expects work to be completed without pay, speaking with a qualified legal professional can help clarify the protections that may apply and the options available for addressing unpaid wages.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Passed over for a promotion in favor of a male coworker]]>https://www.mblegal.com/?p=477512026-09-22T06:59:34Z2026-09-22T06:59:34ZGetting passed over for a promotion can be frustrating, especially when you believe you were the most qualified candidate for the position. It can be even more concerning when you are a woman and the person selected is a male coworker with less experience and fewer accolades.
While a single promotion decision does not necessarily equal discrimination, certain circumstances surrounding the decision may raise questions about whether gender played a role in how the opportunity was handled.
When a promotion decision raises questions
Employees who believe they were passed over for a promotion because of their gender may want to look closely at the circumstances surrounding the decision. Research from MIT Sloan highlights how differences in the way employers evaluate employees can affect advancement. In a study of 30,000 management-track employees at a large North American retail chain, researchers found that women received higher performance ratings than their male colleagues on average, yet received lower ratings for their potential. As a result, women were 14% less likely to be promoted than their male colleagues. These findings show why it may be important to consider whether an employer has a pattern of promoting men over similarly qualified women. Comments about women being too aggressive, difficult or unsuitable for leadership roles can also be relevant, particularly if they are connected to decisions about advancement.Qualifications are another important consideration. An employee may want to document their performance reviews, accomplishments and other qualifications for the position. It can also be helpful to compare those qualifications with the qualifications of the employee who received the promotion. This does not necessarily prove discrimination, but significant differences may be worth documenting and discussing.Employees may also want to pay attention to how the employer explains the decision. If management provides one reason for selecting the other employee and later gives a different explanation, that inconsistency can be important. Saving emails, messages and notes about conversations can help create a record of what happened. Keeping these records can be especially useful if similar promotion decisions have occurred in the past or continue to occur.If you believe that you were denied a promotion because of your gender, learning more about your legal options can help you decide on your next move.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[What are the benefits of using noncompete agreements?]]>https://www.mblegal.com/?p=477502026-09-03T18:05:17Z2026-09-03T18:05:17ZA noncompete agreement means that an employee who leaves a business cannot immediately start working for the competition. Often, they are also prohibited from starting a competing business themselves.
This does not necessarily mean that the agreement lasts forever. There can be limitations, which may be based around geography or time. An employee may be barred from starting a competing business in the same city for a year after leaving employment, for instance. But after that year expires, they have the freedom to do as they wish.
Maintaining the workforce
One of the clear benefits of a noncompete agreement for the employer is that it helps them keep their workforce consistent. If there is less turnover, the business can operate more efficiently.
Keeping talent in-house
Some businesses pay a significant amount of money to train their own employees. They may offer certain benefits, such as paying for them to get certifications or increase their education. A noncompete agreement helps to keep these talented employees in-house and means that the company is investing in itself, not the competition.
Protecting the value of the company
In some cases, such as during a sale, a merger or an acquisition, it is important to maintain the value of that company while it goes through the transaction. A noncompete agreement can help by keeping the workforce together and ensuring that employees do not simply jump to the competitor and reduce the value of the business.These are just three potential reasons to consider noncompete agreements in employment contracts. Employers need to know what legal steps to take to set everything up correctly.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Can you reduce the chance of business litigation?]]>https://www.mblegal.com/?p=477442026-08-25T01:27:41Z2026-08-25T01:27:41ZIn business, conflicts are inevitable – but litigation might not have to be.
While you cannot control other people’s actions, you can take steps to reduce the possibility that they file a lawsuit against you – or that you need to file one against them. Here are a few ways you can do this:
Be rigorous about making contracts
The only thing as problematic as a badly written contract is having no contract at all. When you have a clearly written document to fall back on, it is easier to settle any disputes that arise between you and another party. Clear, well-drafted agreements that outline everybody’s expectations and any exceptions that have been negotiated are designed to limit litigation.
Create rules that you can live by
Written company policies on everything from your employees’ code of conduct and your disciplinary system to internal operating procedures protect both the company and your workers. If you have specific plans in place and adhere to them across the board when dealing with challenging situations, you’re far less likely to experience discrimination claims and allegations of wrongful termination.
Think about how others might see things
It can help to try to consider how certain actions might be viewed by others. What you may see as fine could be taken as unethical or illegal by someone else. That is why it is often worth consulting with others who are not afraid to tell you when a particular move could prove problematic. Optics count.Legal guidance can be of great help in this and other business matters. If you’re in business for yourself, it’s always wisest to have assistance behind the scenes.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Common examples of workplace retaliation]]>https://www.mblegal.com/?p=477422026-08-10T17:10:56Z2026-08-10T17:10:56ZMost employees already know that workplace discrimination and harassment are illegal. What they might not realize is that the law also protects workers who report those problems or exercise certain legal rights.
When an employer punishes an employee for engaging in protected activity, such as reporting misconduct, that punishment may be considered unlawful retaliation. Understanding what retaliation looks like can help them recognize when an employer’s actions cross the line from a legitimate business decision into unlawful conduct.
What is workplace retaliation?
Workplace retaliation occurs when an employer responds negatively toward an employee because the employee engaged in a legally protected activity, such as:
Reporting discrimination or harassment
Filing a complaint with human resources
Participating in an internal investigation
Reporting wage violations
Requesting a reasonable accommodation for a disability
Taking protected leave
Termination is one of the clearest examples of possible retaliation. For example, an employee reports sexual harassment to human resources. A couple of weeks later, the employee is fired for “poor performance,” even though, up until this point, the employee had received positive performance reviews.While the timing doesn’t automatically prove retaliation, it may raise questions about the employer’s stated reason for the termination.But termination isn’t the only form of workplace retaliation. Some employees may notice a dramatic change in their performance evaluations after making a complaint. They have consistently received positive reviews. Suddenly, they are being criticized for issues that were never mentioned before. If the employer can’t provide documentation showing these issues existed before the protected activity, the negative review may be used as evidence in a retaliation claim.Retaliation can also involve:
Demotion
Loss of responsibilities
Cutting hours
Changing schedules
Excluding an employee from opportunities
Increased scrutiny
Threats or intimidation
If you believe your employer is retaliating against you, it’s essential to act early in protecting your rights. Document what has occurred and obtain copies of relevant emails, text messages and performance evaluations. Speak with a legal professional who can review the facts of your situation and determine if your employer has engaged in unlawful actions.
]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[What type of benefits should be addressed in a contract?]]>https://www.mblegal.com/?p=477412026-07-24T11:16:16Z2026-07-24T11:16:16ZAn employment contract often starts by addressing the main terms of the business relationship. This includes the position the person will hold, the duration of the contract and the amount of compensation they are due. Some employees are given a salary, for instance, while others are given a specific hourly wage.
However, this contract can also address certain benefits that the employee will receive. It can specify sick time, vacation time and other types of paid time off. The contract ensures that both sides understand what obligations and options the employee has once they sign the document.
Health coverage
Furthermore, basic health coverage is often offered as part of a benefits package. This could include medical coverage, dental coverage and other types of insurance. In some cases, there will be a single medical and dental plan, but other employers will offer separate plans for different areas.
Retirement planning
Many employees are looking for a retirement plan, which may be sponsored by their employer. Although relatively rare in the modern era, some employers offer pension plans that will pay out when an employee retires. Many modern employers will offer retirement plans where they match the contributions made by the employee.
Severance packages
Finally, some employees will be given a severance package. If they decide to part ways with the company, they are guaranteed a certain level of financial compensation. For instance, an employee may want a severance package that pays them a year's wages so that they do not face financial hardship while looking for another job.Naturally, every employment contract is different, but it is crucial for both sides to understand exactly how the agreement is written and what obligations it creates. It can be helpful to work with an experienced attorney while drafting these documents or addressing a dispute.
]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[When AI hiring tools discriminate against certain groups]]>https://www.mblegal.com/?p=477402026-07-14T00:44:03Z2026-07-14T00:44:03ZHumans create AI software
AI software is far from infallible. It gleans information from humans who program it and also from content shared online in many cases. Early research into the impact of AI hiring systems has shown warning signs that software can be as discriminatory as humans by unfairly limiting the opportunities of certain groups of applicants.
In some cases, applicants denied opportunities with companies that use AI screening might be able to claim discrimination based on disparate impact. While there may not have been an intention to discriminate, the company's practices still had more of an impact on one group of people as opposed to others. Discrimination in hiring blocks people from opportunities.
Reviewing suspicions of discrimination and any documentation backing those concerns with an employment law attorney can help frustrated workers explore whether they may have experienced actionable hiring discrimination due to the systems used by a company. A lawyer can help negotiate with employers or take legal action, if necessary, in the pursuit of justice.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Prevent scope creep with airtight contracts]]>https://www.mblegal.com/?p=477392026-07-10T23:46:05Z2026-07-10T23:46:05ZCompany owners want satisfied clients that help grow their businesses by word-of-mouth. Keeping their customers happy is inherently part of the job. But savvy business owners soon learn that some customers try to push the envelope when it comes to add-ons and do-overs.
But time and materials are not unlimited on the job. Agreeing to requests for changes to the original plans can quickly put a serious dent in a company’s bottom line. It can also play havoc with the scheduling of subs. Find out how you can stop scope creep before it starts.
Update contracts that lack clarity
Get a legal review of your contracts periodically to ensure that they reflect all current laws and circumstances that affect your business. Pay particular to the phrasing in contracts and work orders. Using “shall” instead of “may” is a different legal concept entirely.
Detail change request process
Be certain that your contracts state just who must sign off on any proposed changes to the agreed-upon work order, as well as the consequences of carrying out the changes (financial and otherwise).Insisting on signatures at each stage of the construction process limits passing the buck. No approval, no changes.
When you may want to acquiesce
Asking for an additional skylight is not the same as requesting removal of a load-bearing wall. General contractors may find that granting an inconsequential request by the client goes a long way in generating goodwill for your brand.Including a clause like “or at the discretion of the general contractor” allows owners to comply with reasonable client requests. The already-signed contract should prevent any problems from cropping up.
Is it time for a contract review?
If scope creep poses problems for your bottom line, it may be time to review the contracts you use. Doing so now can prevent costly mistakes later.]]>On Behalf of Mark W. Biggerman, Attorney at Law<![CDATA[Invisible disabilities in the workplace]]>https://www.mblegal.com/?p=477382026-06-21T03:40:00Z2026-06-21T03:40:00ZUnderstanding hidden conditions and employee rights
Invisible disabilities include a wide range of physical, neurological and mental health conditions that may not be obvious during everyday interactions. Examples can include:
Autism
Anxiety disorders
Depression
Chronic pain disorders
Although these conditions and many others may not be visible, they can still affect an individual's ability to perform certain job duties or navigate workplace expectations in ways that someone without an invisible disability might be able to.
Employees with invisible disabilities are often protected by federal and state anti-discrimination laws. Under the Americans with Disabilities Act (ADA), qualified employees may be entitled to reasonable accommodations that help them perform essential job functions. Depending on the circumstances, accommodations may include modified work schedules, remote work options or adjustments to workplace policies. Employers generally must engage in an interactive process to make appropriate accommodations when requested.
Unfortunately, workplace discrimination can still occur when employers or coworkers make assumptions about a person's abilities, medical condition or need for accommodations. Some employees may hesitate to disclose a disability out of concern that they will be treated differently or overlooked for advancement opportunities. When workers experience unfair treatment because of a disability, legal protections can provide options for addressing the situation and protecting their rights.
Employees who believe they have faced disability-related discrimination can benefit from seeking guidance about their legal options. Speaking with an experienced legal professional can help clarify available protections and determine the most appropriate path forward.]]>