Employment Law – Do I Have a Case?

Employment Law - Do I Have A Case?

At work, you should always be able to feel at ease and secure. Sadly, there are times when employees experience issues in the workplace, which can make for a hostile work environment.  However, general hostility between an employer and an employee is not always cause for a lawsuit – until it is. 

LLG

LLG

There's a Big Difference Between Unfair and Illegal 

Being treated unfairly isn’t the same as being treated illegally, and differentiating between the two is a big part of employment law. Lawsuits are complex. You want to be sure that your case is legitimate, which is why it is so important to have the right legal advice. The employment law attorneys at The Lewis Law Group want to walk you through some of the most common examples of workplace issues that could lead to a legitimate legal case. 

Employment Discrimination

According to a study of American workers, three out of every five employees have either seen or directly experienced discrimination. Discrimination can sadly rear its ugly head in various areas and negatively impact individuals no matter what their lifestyle or background is. But there's good news, too – the federal law has our backs. Employers are prohibited from discriminating based on Age, Disability, Race/National Origin, Religion, Sex, Gender Identity and Sexual Orientation. Pregnancy status and Genetic Information are also protected. Everyone deserves fair and equal treatment in the workplace, but discrimination isn't always so easy to spot. That's why it’s essential for employees to stay informed about recognizing employee discrimination.

Common forms of employment discrimination are:

• Disciplining, firing, demoting or refusing to promote people over a certain age
• Denying benefits or compensation to pregnant employees
• Allowing harassment of employees by co-workers for a specific religious belief
• Paying similarly qualified women and men different rates of pay for equal work
• Continuously passing up an employee for promotion because of his/her race while promoting those less qualified ones
• Offering different retirement or leave options to men and women

Sexual Harassment

Sexual harassment is an unacceptable form of discrimination that can completely transform the dynamics of a work environment. If your employer doesn't take action to resolve these allegations, you have the right to file a lawsuit and you could be compensated for any wrongdoings. If you experience sexual misconduct in the workplace, there are numerous federal and state laws that protect your rights to sue – even if it's someone other than your employer (client, coworker or boss) who harasses you!

Some examples of sexual harassment in the workplace may include the following:

• Inappropriate touching or unwelcome sexual advances
• Sexually offensive comments, jokes, remarks, conversations, etc.
• Displays of graphic content or sexual material (e.g., nude photographs)
• Requests or threats for sexual favors
• Various other kinds of activities that are sexual in nature and offend either an individual worker or others in the work environment

If an employer is made aware of a report of sexual harassment and doesn’t take action, they could face serious repercussions. It's important for companies to prioritize protecting their employees.

Wrongful Termination

Florida is considered an “at-will employment” state, meaning its employers have the right to terminate employees at any time and for any reason, unless there is an employment contract or union agreement governing the terms of your employment or work for a government employer. However, if an employer's motivation behind this firing is anything other than a genuine business need or inadequate performance on behalf of the employee – such as retaliation or discrimination—then it may qualify as wrongful termination.

Some bases upon which you could pursue a wrongful-termination case include:

• Sexual harassment
• Hostile work environment
• Race discrimination
• Violation of the Family and Medical Leave Act
• Wage and hour disputes

Taking legal action against your employer is never a decision to be taken lightly, which makes the importance of documenting any potential wrongful termination issues all the more critical. With strong evidence in hand, you can make sure that if you are treated illegally by your employer, justice can prevail.

The Lewis Law Group understands the profound impact workplace matters can have on your life and well-being. Each case is unique, with its own set of complex details to consider. Trust in our experienced attorneys to help you through it all and make sure you get the best-possible outcome. Contact us for a FREE case evaluation.