3 Issues Employees May Run Into At Work
Employees
today may come across certain issues at work that may lead to
mistreatment and ultimately loss of their job. But are the situations in
which the employee finds himself in legal and do they have rights in
filing a claim against their employer thereafter? A Discrimination
Lawyer or a Sexual Harassment Lawyer
may be helpful in these types of situations, especially when it comes
to wrongful termination. Below are some issues in which an employee may
come across and should know about.
1- You may be discriminated against because you have a disability
The
State of California has laws that govern the way in which employees
with disabilities should be treated at work and what rights they are
entitled to. The laws are fairly complex, however, and when an employee
with a disability is arrested, many legal issues may arise. Disability discrimination
is a type of discrimination in the workplace that is prohibited by law
and every employer should have an anti-discrimination policy in place at
their business. Although there are laws in place, employers do not
always comply with them, resulting in such legal issues as wrongful termination and / or disability discrimination.
What
is required of an employer? An employer has the duty to provide a
working environment that is free from hatred and / or discrimination. In
addition to ensuring a safe working environment for the employee, the
employer also needs to provide reasonable accommodation for those
employees who have a disability. Reasonable accommodation includes, but
not limited to, adjusting shifts, providing a tailored work schedule,
providing customized work equipment such as ramps or well-lit areas, and
also placing the employee in a position that is compatible with their
capabilities.
A Discrimination Lawyer
is the type of legal professional that employees should contact if they
have been fired because they have a disability or because their
employer has failed to provide reasonable accommodation.
2- You might lose your job over a sexual harassment issue
Sexual harassment
in the workplace is prohibited by law and employers are required to
have a zero tolerance policy on sexual harassment within the workplace.
However, if an employee makes a complaint about sexual harassment and
they experience an adverse treatment thereafter, there may be a possible
wrongful termination case. For example, Susan worked as a receptionist
at a dental office. Her supervisor Chris often made inappropriate
comments to her about her breasts and buttocks which made her feel very
uncomfortable on a professional as well as a personal level. Susan was
not interested in pursuing a relationship with Chris but she was afraid
to tell him because she was her supervisor. Instead, Susan called a sexual harassmenthotline
that was provided to her in her employee handbook. She was told by the
Human Resources representative to allow the department to conduct an
investigation. A few days after she made the complaint Susan was told by
her head manager that the company no longer had a position for her due
to budget cuts. Here, although Susan's manager was allowed to leave her
for that reason, she may still have a claim against her employer. In
looking at the timeline from when Susan complained to her when she was
let go, she may have indicated that she was let go because she was being
retaliated against. This means Susan was fired because she reported the
sexual harassment and as a result she was punished by being let go.
This may allow Susan to file a claim against the dental office for
retaliation, wrongful termination,
This
is only an example of a possible wrongful termination of a case due to
sexual harassment and retaliation. There are many other ways in which
the same claim (s) may arise, but based on totally different facts.
That's why a sexual harassment lawyer is the best type of attorney to
call to discuss your potential case. If sexual harassment occurs within
the workplace, the employee should report it immediately. If a complaint
is brought to the employer or the Human Resources Department, all
communications, interviews, and statements need to be documented. This
shows that the complaint was considered and demonstrates how it was
handled by the employer or Human Resources Department. Again, if you are
unsure if you have a case,
3- You may be fired for taking a leave of absence
Some employees need time to take a leave of absence.
If the employee has been ill, the employee has suffered a significant
injury, the employee is called for military service, or perhaps the
employee must take the leave for the birth of a child for the placement
of an adopted child. Every situation has laws that govern the way in
which employers are to give the employee leave. These laws are rather
complex and require the assistance of a lawyer. A Discrimination Lawyer
or a Sexual Harassment Lawyer may still be able to provide legal advice
on leaves. Never decide on your own that you do not have a case. Contact
A Discrimination Lawyer or Sexual Harassment Lawyer to discuss whether
you have the right to take a leave of absence. You may be entitled to
recover for wrongful termination.
Should
an employee find himself or herself in a situation involving sexual
harassment, retaliation, disability discrimination and / or wrongful
termination, the employee should contact an attorney. A Discrimination
Lawyer or a Sexual Harassment Lawyer are the types of legal
professionals who handle the wrongful termination cases and can provide
useful information on how the employee may be able to recover. Many
claim crossover, therefore, it is always a good idea to ask a
Discrimination Lawyer or a Sexual Harassment Lawyer if you have multiple
claims against your employer. Make sure to contact a law firm that
offers a free consultation.