Three Work-Related Situations Where Employees Are Encouraged To Hire Employment Lawyers
In most cases, work-related issues and disagreements can get handled internally without involving any outside party. In most cases, the HR department is responsible for mediating work-related conflicts and finding an amicable solution for all parties involved.
However, in some scenarios where an employee's rights have been breached or violated, the HR department may not be able to help out the employee. Thus, in such instances, the employee should hire or consult an employment lawyer about their grievances.
Most of the situations where an employee needs to hire an employment lawyer are pretty severe, to the point where an employee considers suing their employer for violating their rights in the workplace. Here are three scenarios where an employee needs to hire an employment lawyer immediately.
Sexual harassment is one of the most common issues faced by employees in the workplace. One of the major misconceptions about sexual harassment is that it only affects women. However, sexual harassment is also faced by men. Additionally, most people assume that sexual harassment is only physical in nature. However, if your boss or another employee utters sexually charged comments to you, it can also be considered sexual harassment.
Unfortunately, most employees who experience sexual harassment in either form are usually afraid to come forward because they are afraid of getting fired from the job. However, the law frowns upon sexual harassment and thus, you have the right to report your case to HR. However, if HR cannot help you out, it is high time to hire an employment lawyer.
An employment lawyer will help you gather evidence and witnesses so that you can file a lawsuit against your harasser. With proper preparation, it is pretty easy for your employment lawyer to present the case in court and have your harasser reprimanded or ordered to compensate you for the emotional and mental scars they have inflicted on you by sexually harassing you.
Retaliatory Actions from Your Employer
As mentioned earlier, in most cases, employees are afraid to come forward about any issues they might have with their employer for fear of getting fired. However, in most cases, when you report an employer to HR, the authorities, or file a lawsuit, they might not fire you outright. In most cases, they will retaliate against you in several different ways, such as:
- A demotion
- Denying you your benefits
- Discriminating against you in the workplace
- Forced pay cut
Nonetheless, it is advisable to note that all employees are protected from retaliation by their employers when they report them or the company under the EEOC laws. Reporting your employer for harassment, discrimination, racial bias, or illegal acts is protected under the Protected Activity Right.
Therefore, if you realize your employer is retaliating against you for reporting them, it is advisable to hire an employment lawyer because, in such a scenario, your employee rights have been violated.
An employer has the right to terminate the employment of an employee. However, the law requires the employer to have a good reason for firing the employee. Additionally, the employer's reasons for firing an employee should also be stipulated in the employment contract because it is legally binding.
However, some employers may decide to fire an employee for biased reasons. For instance, your employer may choose to terminate your employment out of retaliation for reporting them or out of spite because you do not see eye to eye. Nonetheless, suppose the reason for your termination is not just and doesn't adhere to your employment contract. In that case, it is advisable to hire an employment lawyer to help you file a lawsuit against your former employer for wrongful termination.
With the aid of an employment lawyer, the court could rule in your favor and have your ex-employer ordered by the court to reinstate your employment and compensate you for back pay.
For more information, reach out to an employment lawyer.