Navigating Workplace Rights: A Q&A with Employment Lawyer Paige Sparks
Written by Melissa Schenkman, MPH, MSJ
Attorney Paige Sparks
Employment law can be complex, and many workers and employers alike struggle to understand their rights and responsibilities. To shed light on key workplace issues, we sat down with Paige Sparks, an experienced employment lawyer, to answer some of the most pressing questions employees face today.
What are the most common workplace issues employees seek legal help for?
Attorney Paige Sparks: Employees frequently come to me with concerns about wrongful termination, workplace discrimination, and wage disputes. Harassment, retaliation, and violations of medical leave policies are also common. Many people aren’t fully aware of their rights, and by the time they seek legal counsel, they’ve often endured months of unfair treatment.
How can employees recognize workplace discrimination?
Attorney Paige Sparks: Workplace discrimination can take many forms, including unequal pay, unfair promotions, or biased treatment based on race, gender, age, disability, or other protected characteristics. Employees should look for patterns—if certain groups are consistently treated unfairly, it may indicate systemic discrimination. Documentation is key; keeping records of incidents and communications can be crucial in building a legal case.
What steps should an employee take if they believe they were wrongfully terminated?
Attorney Paige Sparks: First, review your employment contract and company policies to understand your rights. Next, request a written reason for termination from your employer. If you suspect it was due to discrimination, retaliation, or another illegal reason, gather relevant documents, emails, or witness testimonies. Consulting an employment lawyer early on can help determine if you have a case and what steps to take next.
Can an employer legally fire someone for discussing wages with coworkers?
Attorney Paige Sparks: No. Under the National Labor Relations Act (NLRA), employees have the right to discuss their wages and working conditions. Employers who attempt to prevent these discussions may be violating federal labor laws. If an employee faces retaliation for discussing pay, they should document the incident and consider filing a complaint with the National Labor Relations Board (NLRB).
What should employees know about workplace harassment claims?
Attorney Paige Sparks: Harassment isn’t limited to overt actions—it includes any behavior that creates a hostile work environment, such as inappropriate jokes, repeated unwelcome comments, or intimidation. Employees should report incidents to HR or a supervisor as soon as possible. If the issue isn’t addressed, consulting a lawyer can help determine the next course of action, including filing a complaint with the Equal Employment Opportunity Commission (EEOC).
What legal protections exist for employees taking medical leave?
Attorney Paige Sparks: Under the Family and Medical Leave Act (FMLA), eligible employees can take up to 12 weeks of unpaid, job-protected leave for serious health conditions, family care, or maternity leave. Employers cannot retaliate against employees for taking FMLA leave. However, not all employers are covered, so it’s important to check eligibility and maintain communication with HR when requesting leave.
How does FMLA work for employees with chronic illnesses, and how does it interact with PTO?
Attorney Paige Sparks: Employees with chronic illnesses can use FMLA intermittently, meaning they don’t have to take all 12 weeks at once. This is particularly helpful for those who need ongoing treatment, such as regular doctor visits or flare-ups that prevent them from working. Many employees don’t realize that FMLA protects their job, but it doesn’t provide pay—so they can often use PTO concurrently to maintain income during their leave. Employers should have clear policies on how PTO and FMLA interact, and employees should document their condition and medical needs to ensure their rights are fully protected.
Do employees have legal recourse if their employer misclassifies them as independent contractors?
Attorney Paige Sparks: Yes. Misclassification can lead to wage theft, loss of benefits, and tax burdens. Courts consider factors like how much control the employer has over the worker’s schedule and tasks. If you suspect misclassification, gather evidence of your work conditions and seek legal advice. The Department of Labor and IRS both have mechanisms for reporting misclassification.
What advice do you have for employees who feel their rights are being violated?
Attorney Paige Sparks: Knowledge is power. Employees should educate themselves on their rights, document everything, and seek legal advice before making decisions that could impact their careers. Many violations go unchallenged because workers don’t realize they have legal options. If something feels off, it’s worth exploring with a professional.
Want to learn more? Check out the full conversation on the YMyHealth podcast.
*Disclaimer: The information provided in this article is for informational purposes only and does not constitute legal advice. If you have legal questions or concerns, always consult with a qualified attorney in your state.