No one wants to face problems at work. It’s uncomfortable. It affects productivity. And it even results in job loss at times.
These are situations that no employee should face, especially when actions begin to toe the legal line. After all, state and federal laws are in place to protect workers. These laws are supposed to ensure safety – mentally, emotionally, and physically.
And yet, you might find yourself in a position where this is not the case. Of course, you hope never to be in such a scenario. However, some employers make the wrong choices or act unprofessionally. At times, this could result in you facing unfair dismissal, workplace discrimination, or wage and pay disputes.
If you do find yourself facing one of those employment disputes, you need professional assistance. That might mean seeking an expert attorney.
Keep reading on to learn more.
Unfair Dismissal
Now, whenever you lose your job, it feels unfair. This doesn’t always mean the firing was unlawful. Unfair dismissal – or wrongful termination – needs to meet specific criteria. In the US, where most states are “at-will,” this is tough to prove.
Your employer breaks the law if they fire you for these specific reasons:
- Breach of contract,
- Discrimination,
- Refusing illegal acts,
- Retaliation,
- Or taking protected leave.
Proving this is challenging. Your boss won’t have written down “the employee took legally-protected FMLA leave after the birth of a child” as the reason for firing you. This is why you need a legal expert. They will have the experience to guide you through the events leading up to your job loss, and they will be able to spot the signs that make the dismissal legally unfair.
If you suspect your termination was due to discrimination, you should file a complaint through the Equal Employment Opportunity Commission (EEOC), too.
Workplace Discrimination
As previously mentioned, it is illegal to fire an employee because of a protected characteristic – age, disability, race, religion, etc. This is discrimination. Discrimination has no place in the workplace, so other discriminatory actions are also deemed unlawful.
And discrimination isn’t always obvious. In fact, it is often subtle. This is in hopes of staying under the radar and avoiding the consequences. So, you need spot the signs. Maybe you were asked if you were planning to have children soon, and then you were denied a promotion. Or maybe you have a physical disability and your boss refused to make simple adjustments to your needs.
In these scenarios, it is difficult to know how to proceed. Fortunately, with the help of an attorney, you could seek a resolution and/or compensation. There are numerous laws to know – such as Title VII of the Civil Rights Act and Americans with Disabilities Act. Your lawyer will guide you through the most relevant course of action.
Be sure to seek out a local lawyer, though. Some state laws differ, so having advice relevant to your location is useful. Wisconsin employment grievance lawyers, for example, are perfect for employees in Milwaukee.
Wage and Pay Disputes
The third dispute in this post is related to pay. In America, the Fair Labor Standards Act (FLSA) ensures workers receive the right compensation, particularly for overtime. However, this doesn’t mean pay issues don’t arise.
Some workers will not receive time-and-a-half pay for working 40+ hours in one workweek. Others might find themselves earning below federal or state-mandated minimum hourly rates. Minimum wage in Wisconsin is $7.25, for instance. Neither of these situations should be allowed to go unchecked.
Again, seeking assistance from a lawyer is crucial. They might only help you submit a claim through the US Department of Labor Wage and Hour Division. Or they could begin private recovery of back wages. The outcome will depend on your exact case.
To conclude, there are numerous employment disputes that occur. Not all will require legal assistance, but you should know when it is an option. Remember, you aren’t alone in any of these scenarios – help is available.
