Employees today may come across certain issues at work that may lead to mistreatment and ultimately the loss of their job. But are the situations in which the employee finds himself or herself in legal and do they have rights in filing a claim against their employer thereafter? A Discrimination Lawyer or 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 might be discriminated against because you have a disability
The State of California has laws that govern the way in which employees with a disability should be treated at work and what rights they are entitled to. The laws are quite complex however and when an employee with a disability is fired, 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 which results in such legal matters as wrongful termination and/or disability discrimination.
What is required of an employer? An employer has the duty to provide a work environment that is free of harassment and/or discrimination. In addition to ensuring a safe work environment for the employee, the employer also needs to provide reasonable accommodation for those employees who have a disability. Reasonable accommodation includes but is not limited to adjusting shifts, providing a tailored work schedule, providing adjusted 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 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 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 towards her regarding her breasts and buttocks which made her feel very uncomfortable on a professional as well as personal level. Susan was not interested in pursuing a relationship with Chris but she was afraid to tell him because he was her supervisor. Instead, Susan called a sexual harassment hotline that was provided to her in her employee handbook. She was told over the phone by a Human Resources representative to allow time for 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 let her go for that reason, she may still have a claim against her employer. In looking at the timeline from when Susan complained to when she was let go, may indicate 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, and failure to prevent harassment.
This is only an example of a possible wrongful termination 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 is 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 be reported it immediately so the employer can address the issue. If a complaint is brought to the employer or the Human Resources Department, all communication, 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, contact a Sexual Harassment Lawyer to discuss if you were a victim of wrongful termination.
3- You may be fired for taking a leave of absence
Some employees require time to take a leave of absence. A leave may be necessary to care for a sick loved one, the employee has become ill, the employee has suffered a significant injury, the employee is being called for military services, or perhaps the employee must take leave for the birth of a child or for the placement of an adopted child. Each 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. Although it may not seem related, A Discrimination Lawyer or 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 that involves sexual harassment, retaliation, disability discrimination and/or wrongful termination, the employee should contact an attorney. A Discrimination Lawyer or Sexual Harassment Lawyer are the types of legal professionals who handle wrongful termination cases and can provide useful information on how the employee may be able to recover. Many claims crossover, therefore, it is always a good idea to ask a Discrimination Lawyer or Sexual Harassment Lawyer if you have multiple claims against your employer. Make sure to contact a law firm that offers a free consultation.