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
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 harassment
hotline 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.