How Can I Protect Myself from Unfair Treatment at Work?

This is the basic question many potential clients ask us when they come to our Cleveland, Ohio-based employee rights law firm.  Unfortunately, there is no standard answer. Each case is different, and employment laws do not cover all instances of unfair and unjust treatment.

What a Cleveland employee rights attorney can do is help a person understand their rights under federal, state, and local laws. Violations of legally protected rights provide grounds for taking action to end unfair treatment.

A lawyer can also advise a worker on how to use their employer’s system for reporting and resolving mistreatment. When taking such steps does not eliminate the problem, a lawyer can then assist with gathering, organizing, and presenting evidence of mistreatment to regulatory agencies and courts.

Any effort to protect yourself against mistreatment at work begins with knowing your rights as an employee. This article contains brief descriptions of some federal employment laws, but consulting with an employee rights attorney in Cleveland or wherever you live will provide a fuller picture.

You Must Be Paid for the Hours You Work

The Fair Labor Standards Act(FLSA) mandates the payment of a minimum wage to employees who get paid by the hour and to employees who regularly receive tips. The FLSA also requires overtime pay for hourly and tipped workers who work more than 40 hours during a 7-day workweek.

Each state sets its own minimum wage, and many exceptions to overtime eligibility exist. For instance, the basic minimum wage in Ohio for 2021 is $8.80 per hour. The tipped wage is $4.40 per hour, but a tipped employee’s average hourly pay must average at least $8.80. In other words, when tips do not make up the difference, the employer must pay the remainder to ensure the employee is paid minimum wage.

Regarding overtime, managers and salaried employees are generally not eligible to receive overtime pay under the FLSA. Employees who earn more than the salary threshold can also be denied overtime pay. The salary threshold changes frequently, but an employee rights attorney will know the current figure.

Some illegal practices employers use to deny workers a minimum wage and overtime pay include assigning bogus managerial titles, requiring work off the clock, telling tipped workers they do not qualify to be paid time-and-half after putting in 40 hours, and designating actual employees as independent contractors who are not covered by the FLSA.

You Cannot Be Paid Less Because You Are a Woman

The Equal Pay Act (EPA) protects a worker’s right to demand the same wage or salary as a coworker of the opposite sex who performs the same job. The EPA covers men and women, but the overwhelming majority of cases involve women who receive lower pay than their male counterparts.

Employers fight EPA claims very strenuously, and the law permits pay differentials based on time spent with the company, skill level, special training, and performance. Enforcing your rights to equal pay will require partnering with an employee rights attorney.

You Have the Right to Work Without Experiencing Discrimination or Abuse

A number of federal laws make it illegal to mistreat or deny employment opportunities to workers on the basis of the following:

  • Race,
  • Ethnicity,
  • National origin,
  • Religion,
  • Sex,
  • Sexual orientation,
  • Gender identity,
  • Religion,
  • Age when older than 40,
  • Disability,
  • Pregnancy, or
  • Military service or veteran status.

Depending on where you live, state and local laws may provide additional protections against discrimination in employment. In most instances, enforcing your rights under laws that prohibit discrimination require evidence that that mistreatment was frequent and severe. Simple teasing and one-off comments will not support a discrimination claim.

It is also important to show that you experienced an adverse consequence of the discrimination. For example, grounds for taking legal action exist if the discrimination caused you to lose your job, you decided to quit to protect yourself, you were passed over for a promotion you were qualified to receive, or you suffered emotional trauma or physical injury.

Your Employer Must Consider Making Accommodations for a Disability

The Americans with Disabilities Act (ADA) requires managers and supervisors to make good faith efforts to accommodate job applicants or employees. The ADA does not, however, compel an employer to agree to every request an applicant or employee submits.

The gap between what a worker can request and what an employer is willing or able to provide is often large. This is where an employee rights attorney can step in on behalf of their client to find evidence that an employee’s requested accommodation was never seriously considered or improperly denied. Uncovering such evidence often requires accessing business records, which is something an experienced lawyer will know how to do.

You Can Request Leave to Deal with Medical Emergencies or Complete Military Service

Two federal laws cover these circumstances. First, the Family and Medical Leave Act(FMLA)gives a person who has worked at least one year for their employer the right to take unpaid leave to tend to a personal health problem or to care for a family member. Generally, up to 12 weeks of FMLA leave is available during each 12-month period. The leave can be taken intermittently, and FMLA leave can only be denied on limited grounds after an employee has given proper advance notice of their intent to take it.

The Uniformed Services Employment and Reemployment Act(USERRA) requires employers to grant leave to employees who are called to active duty in the military. USERRA specifically protects the civilian employment of members of the National Guard and Reserves. While an employee is completing their military duty, their employer must hold their job and guarantee return at a pay rate and level of responsibility equivalent to what the employee had when they left.

Your Employer Cannot Punish or Fire You for Reporting Problems

Employers do not welcome complaints about illegal pay practices, discrimination, or violations of FMLA or USERRA rights. Managers and supervisor often take out this displeasure on the employees who raise red flags. Employees who  address unlawful practices in the workplace can find themselves demoted, reassigned, verbally or physically abused, forced to quit, or fired.

Such retaliation is always illegal. Sadly, it is also quite common. If your mistreatment at work has escalated to retaliation,  contact an employee rights attorney who can offer advice on the steps you can take to hold your employer legally and financially accountable.

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Common Reasons to Hire an Employment Lawyer

Is It Necessary to Hire an Employment Attorney? 5 Reasons When and Why You Must Engage with

The employee-employer relationship is always governed by the process of some legal representation.

It can be a direct matter of legal consent between the employee and employer, or a matter of bargain between a person and a labor union, or a matter of financial assistance.

Employers are asked to realize such contractual matters and must assert their interests for which employment attorneys El Paso comes into effect to help you in different ways.

Further than that, federal, local and state bodies put a legal obligation on a person working as an employee for which the role of attorneys becomes more potent.

It becomes more essential in case of legal challenge, discrimination, harassment, and unwilling termination for which the role of wrongful termination attorneys El Paso can be a great option to consider and get things settled.

How to trust an employer attorney?

Firstly, an employment lawyer is useful in 2 ways that may include not only handling workplace relative issues but also hold your personal representation.

There are also large bases that work as a legal force and also have human resource settlements for which it is vital that you consider them for legal matters in case of employment.

It is also advised that smaller employees should go to outside councilors but it may depend on their condition of a legal problem if it arises and they require settlement within the legal bases.

Thus as a subject of help, Employment law attorneys, El Paso can be not only efficient to tackle problems but also should be of legal trust due to their presence in legal strength.

If it goes to termination without information, or due to some other challenge, further Wrongful Termination attorney El Paso can come to influence and help you to sort out problems and you can trust them for proper cause.

Tasks of Employment lawyers

As a basic idea to understand, there are two types of tasks performed by such Lawyers:

  • Handling transactional matters that may involve negotiating 2 parties or helping problems
  • Or being involved in the litigation process that means to represent you as a person in legal ways
  • In some conditions it is also possible to find such a lawyer who is professional in both the above activities
  • Also litigation is of varied type, but mostly transactional and handling litigation are 2 major types

There are also lawyers who arrange to draft, handle documents, advise things to employees that don’t apply to lawsuits directly and all such can be availed at Employment law attorneys, El Paso to proper effect.

Also for Wrongful Termination Attorney, Al Paso, the dispute becomes a key area of consultation to sort out problems that may be for instance house rent, proper location, discrimination or harassment, or of any type for which it helps in finding out the main cause of termination.

Thus what they should do is that they are ready to sort your employment problems and help you in the best way possible and get your matters settled.

The Right Time to go for an employment lawyer

 It depends on what way you require any legal representation that would let you try to start finding an employment lawyer for you and serve for the right purpose.

It has been observed that in some cases employees are worried about their future contract for which they require a legal approach where they want sharp advice on the legal contract of their workplace and be assured that they are at the right place.

IN case of a dispute between current and former employees, it also becomes essential to have such a lawyer who can not only help in solving the problem but also collect all evidence to make sure that a proper decision has been settled between them both.

And mostly, to tackle challenges, harassment, dispute, or to sort out long term goals, such thought to consider the right time for an employment lawyer becomes probable.

In brief, it’s not relative to time but a certain condition in which any employee wants such an employment lawyer and to sort problems out.

Lawyer’s help to set future policy

It is always essential to have a lawyer to retain planning relative to future policy for which ideally an employer would require employees to work with and maintain a healthy relationship so it doesn’t reach up to the legal conflict.

It is also important that such employers do have a handbook or digital form of database that covers details of their employees for future reference.

Also to make sure that in what way they can retain a long-term policy, the employers can consider such lawyers to take certain advice.

And this is how it works to get such employment lawyers and work things accordingly for future policy.

Other advising terms

Apart from such certain ways, there are few more factors due to which an employment lawyer would be required:

  • To consider the financial balance between 2 employees and its relative prospect in  long term condition
  • To consider social and public policy of a group providing employment and whether it works or not
  • To make sure that an employing company is working in legal terms and has its legal workforce

And in such a sense, you must have an employment lawyer who is essential to sort out your problems and help your matters get settled in all possible ways.

Daniela Labinoti’s law firm helps you get the results you deserve through energetic, intense, and knowledgeable legal counsel. They know the real meaning of struggle and respectfully believe in helping people to go through their difficult situations. employment attorneys El Paso is the magnanimous firm to represent you as they handle your case from beginning to end.

How to Prove Discrimination in The Workplace in Ohio

The Civil Rights Act of 1964 includes Title VII, a law that prohibits workplace discrimination based on protected characteristics. This includes the hiring process, training, compensation, disciplinary practices, job evaluations, wrongful terminations, and promotions. Even if a company employs workers that identify with a protected characteristic, employees can still be subject to workplace discrimination.

The protected characteristics that relate to Ohio workplace discrimination include, but are not limited to:

  • Race
  • Sex/Gender
  • Pregnancy status
  • Religion
  • National origin
  • Disability
  • Age
  • Military status or affiliation
  • Genetic information (added in the Genetic Information Nondiscrimination Act of 2008)

Employees or job candidates that believe they are being discriminated against in the workplace should consult with a workplace discrimination lawyer in order to learn more about how to prove discrimination in the workplace. It’s important that companies and employers are held accountable for their discriminatory actions, as discrimination can affect more than just the target(s) of discrimination. Discrimination in the workplace can stifle creative ideas, decrease employee loyalty, cause mental and/or emotional unwellness, and even lead to state or federal organizations to open investigations against the company.

But how to prove discrimination in the workplace? It’s not enough for an employee to claim that they are being treated unfairly because they fall under a protected characteristic.

Direct evidence is one way to prove discrimination

For example, if an employer tells an employee that they are being let go, fired, terminated, or demoted because they are nearing maternity leave, retirement or they can’t be available on a religious holiday, then there may be a case for workplace discrimination. These are just examples, however. This route can be more complicated, as most companies and personnel are trained to not openly express biases or prejudices. To learn more about how to prove discrimination in the workplace in Ohio, consult with an workplace discrimination attorney.

Circumstantial evidence can also help provide discrimination

Circumstantial evidence can be gathered using the McDonnell-Douglas Test, named after a Supreme Court Decision. This test is comprised of four questions, which employees or job candidates must answer for the law to presume that an employee was discriminated against. These for questions are:

  1. Are you a member of a protected class?
  2. Are you qualified for your position?
  3. Did your employer take adverse actions against you?
  4. Were you replaced by a person who is not in your protected class?

Contact an Employment and Labor Law Attorney

Answering these questions is a start in how to prove discrimination in the workplace, but the wage and hour attorneys with Brian G. Miller Co., L.P.A. will be able to further help you build a case against a discriminating employer. It can’t be stated enough how important it is for companies to give employees and job candidates fair and equal treatment in recruiting, hiring, promotions, and more. If you believe you’ve been discriminated against in the workplace contact the legal offices of Brian G. Miller Co., L.P.A to schedule a consultation.

Brian G. Miller Co., L.P.A., is a group of Columbus personal injury attorneys. People have received help from Brian G. Miller to recover financially from car accident, truck accident, Wrongful Termination, and wrongful death.

Overtime and Other Wage and Hour Law for Home Care Workers

Before 2015, home care workers were excluded from the federal minimum wage and overtime protections provided by the Fair Labor and Standards Act. They are now covered by these laws, but the nature of their work and the services they provide are unlike the traditional “9 to 5” hours under which many other employees operate. Read more

Coffman Legal is a Columbus wage and hour lawyer that specializes in unpaid overtime and wages. The employees of Ohio are important to maintaining an economically and socially encouraging environment for Ohio, and Coffman Legal recognizes that importance. The law firm happily welcomes any case to protect the rights of and improve the lives for employees.