If you are a victim of these scenarios or any form of workplace retaliation, you have the right to pursue justice and compensation for the wrongdoing. According to the U.S. Equal Employment Opportunity Commission (EEOC), workplace retaliation represents the largest source of complaints the entity receives. These complaints often involve forms of intentional retaliation, where an employer intentionally makes changes to an employee’s job duties in response to the employee’s conduct. Other cases involve unintentional retaliation, when an employer makes matters worse in spite of attempting to provide help.
There are a multitude of different adverse actions that are unlawful for your employer to take in response to any form of conduct that was within your rights as an employee. These can include the following and more:
If you suspect that any of the actions above were on purpose to force you to quit, you have the right to file a workplace retaliation claim.
In addition to filing a formal workplace retaliation claim, you also have the right to hold your employer legally accountable for its actions. While the prospect of this may seem daunting, there are professional resources readily available to help guide you through every step of this process. An experienced California employment law attorney can carefully evaluate your unique circumstances, answer all of your questions and concerns, and aggressively pursue the maximum amount of compensation to which you are entitled for any injustice or wrongdoing by your employer.
]]>It is beneficial for every employee to have an understanding of his or her employment rights. This can provide insight into what you can expect from your employer and others with whom you work. You will be in a position from which you can more easily protect your rights in the event that you experience harassment or discrimination. This knowledge empowers you to assert your rights and protect your interests, regardless of the nature of your employment.
Some of the expectations you can have for your privacy and options at work may depend on your job. For example, if you work with classified material, there may be limits on the type of personal items you can bring with you to the workplace. However, in most jobs, employers do not have the right to search your personal belongings, open mail addressed to you or tell others your private information. However, what is in your personal work emails is subject to review at any given time.
You should not experience harassment or discrimination on the basis of your gender, age, religion, disability, national origin and other factors. Many employees also have the right to take time off for medical issues and family needs without fearing that they would lose their jobs under the Family Medical Leave Act. A violation of your employment rights could be grounds to pursue legal action against your employer.
If you are the victim of a violation of your employment rights, you do not have to navigate these matters alone. You will benefit from seeking guidance from an experienced professional who can offer insight into the legal options available to you. You may benefit from seeking an assessment of your specific situation before you move forward. While it may seem intimidating to speak out, you do not have to suffer in silence.
]]>It is not always immediately clear that what someone is experiencing counts as religious discrimination. You could be a victim of this type of discriminatory treatment, yet you may be uncertain whether what you are going through qualifies. It is helpful to understand what types of treatment could be violating your rights and the steps you can take to make it stop and shield your interests.
The Equal Employment Opportunity Commission protects individuals against religious discrimination, even if they are not part of a major organized religion. This protection extends to any closely held and sincere moral or ethical belief of an employee. This means that employees should be able to wear religious dress, engage in prayer, celebrate religiously significant holidays and adhere to dietary restrictions without fear of repercussions in his or her employment. Additionally, employers should also respect atheism or a lack of religious practice.
There is a variety of behaviors that count as religious discrimination in the workplace. This includes harassing or punishing an employee for not participating in a religious practice or holiday celebration associated with religious beliefs. It is also considered discrimination if an employer refuses to allow an employee to keep certain practices while at work, such as participating in prayer. Refusal to accommodate, punishing workers, firing an employee or engaging in other types of unfair treatment may all be considered religious discrimination.
As an employee, you do not have to tolerate unfair behavior from your employer or others in your workplace on the basis of your religious beliefs. If you are unsure of what your rights are or how you can speak out after experiencing this type of mistreatment, you may benefit from seeking guidance from a legal professional. There are options available to you that will allow you to seek justice through compensation and damages for your emotional trauma.
]]>It is beneficial for all employees to be aware of the types of actions that count as discrimination. When you understand what types of behaviors are inappropriate in the workplace, you will be in a better position from which you can defend yourself. If you are experiencing the negative effects of discrimination in the workplace, you do not have to remain silent about what you went through.
There are many different types of employment discrimination, and you could be a victim of this whether you are an hourly employee or an executive in the company, male or female, young or old. It is helpful to understand the signs of workplace discrimination so that you can be prepared to fight back if you experience this type of mistreatment in the workplace. Common red flags that may indicate a problem include:
If you notice these or other signs of discrimination, you may find it helpful to learn about the legal options available to you. It is possible that you have grounds to pursue legal action if you are the victim of discriminatory treatment of any kind. An assessment of your case can help you understand what legal options may be available to you.
]]>There are specific and important things employers can do that will reduce the chance of these types of events from happening in the workplace. Each employer should take the potential threat of sexual harassment seriously and take steps to protect the individuals who work there. If you are a victim, you do not have to remain silent about what you experienced.
Employers may not consider sexual harassment a major problem because they may have few, if any, reported incidents. However, this does not mean that inappropriate behaviors are not happening. Victims often feel overwhelmed and confused, and they may not speak out about what they experienced. Regardless of how likely it is that sexual harassment will take place, employers should provide effective training that does the following:
Sexual harassment training should be custom-tailored to the specific type of company and nature of the work done by employees. There is also evidence that live training is more effective than video- or computer-based training. All California employees should also understand the company’s harassment policy and how to proceed when reporting this type of behavior.
If you are the victim of sexual harassment, you do not have to remain silent. You have the right to speak up about what you experienced and seek justice. You may file a claim reporting the incident, as well as seek appropriate compensation. Due to the sensitive and complex nature of many harassment cases, you will benefit from having experienced guidance as you move forward.
]]>If you are a victim of age discrimination, it could impact your ability to do your job, as well as other areas of your life. While this can be an overwhelming situation, this is not something you must endure alone. You have the right to speak out about what you experienced, and you have the right to pursue justice for yourself and accountability from those who are responsible.
Age discrimination is any type of discriminatory treatment that occurs on the basis of someone’s age. You may experience this type of behavior at any stage of the employment process, including the interview stage all the way to decisions about termination. It is not always easy to determine if you are a victim of age discrimination. Common signs of age discrimination include the following:
If you are the victim of age discrimination, you can take action to hold the responsible parties accountable for what happened to you. Through the civil justice system, you may be able to pursue a civil claim against your California employer and the responsible parties. An assessment of your case will provide you with insight that will allow you to know how to best move forward as you seek justice as a victim of age discrimination.
]]>One of the most common reasons for mistakes with employee wages is misclassification. The classification of the individual employee is one of the determining factors in how he or she is paid. By having you in the wrong classification, it is easier to avoid paying you some of your rightfully earned wages, such as overtime. If you believe that your employer is engaging in unfair wage and hour practices, you do not have to remain silent.
It is in your interests to understand employee classification and what that means for the wages you are owed. Under the Fair Labor Standards Act, employees are either exempt or non-exempt. Your classification is important as it determines your eligibility for things such as overtime pay, break time, employee benefits, compensation and meal breaks. Your classification is based on your role at the company, your job description and other factors. The differences between exempt and non-exempt include the following:
If you believe that your employer is not paying you fairly, you do not have to simply endure this unfair treatment. You may speak out about this injustice and fight for the wages to which you are entitled. One important step is to seek guidance regarding your legal options, including the possibility of a civil claim against your employer. You may find it helpful to seek insight about your rights as a California employee as soon as possible.
]]>If you are a victim of wrongful termination, you may feel as if there is nothing you can do. However, there are certain steps you can take that will allow you to seek justice after experiencing any type of mistreatment. One of the first steps is to seek an understanding of whether what you experienced was wrongful termination or if it was something else. This will be imperative when determining the legal options that could be available to you.
There are many different motivations for wrongful termination, but it often occurs in response to something the employer doesn’t like, such as filing a complaint with the EEOC or seeking workers’ compensation. Termination is wrongful when an employer violates the law or the terms of an employment contract when firing an employee. The following are factors that could play a role in whether it was a justified termination or not:
Victims of wrongful termination do not have to remain silent. You may benefit from seeking an assessment of your case to determine the legal options that could be available to you. There is no excuse for the discriminatory or illegal treatment of an employee, and you may have grounds to pursue legal action as a victim.
]]>The prevention of sexual harassment is an important goal for all employers. This is not only the right thing to do, but it is also a legal obligation. In addition to taking the right steps to ensure that this will not happen, it is also important for employees to know what they can do to protect themselves in the event that it does occur. Sexual harassment happens more than many realize, and it is critical to take this matter seriously.
Sexual harassment can come in all forms, and it is not always easy to determine if what you experience is actually harassment or simply annoying behavior. In general, it is likely that you experienced sexual harassment if you dealt with unwanted sexual advances, unwanted sexual contact, requests for sexual favors, inappropriate physical or verbal contact and more. While it is impossible to control the behavior of every employee, the following are important steps that employers can take to prevent sexual harassment:
If you are the victim of sexual harassment in your workplace, you do not have to remain silent. You may find it helpful to seek guidance regarding the legal options available to you, which may include filing a claim against your employer, the perpetrator and other responsible parties. While this can be a difficult and complex process, having experienced guidance at every step may prove beneficial as you seek justice and compensation.
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