Do you know what is the 3 reasons why an employee needs a discrimination lawyer?
discrimination in the workplace is prohibited by law and in civil law,
an employee may be able to bring a suit against their employer for
discrimination. But in order to know whether or not an employee has a
claim, how he or she should go about their case, and whether he or she
has additional claims are questions a Discrimination Lawyer
is usually able to answer. There are many reasons why an employee
would need the aid and guidance of a Discrimination Lawyer, but there
are three important reasons worth listing.
- You need to know if you were actually discriminated against
list of classes and characteristics that are considered protected by
the law is extensive yet the details of that list are not what people
believe it to be. For example, an employee may know that age is a
protected class, however, he or she may be unaware of what parameters
the law has created to regulate discrimination against employees of a
certain age such as what age groups are considered protected and what
behavior is considered as ageism. Discrimination
takes on many different forms and can be carried out in different ways.
Even if an employee feels they are being discriminated against it is a
job for a Discrimination Lawyer to hone in on the damning facts in
which implicate an employer of discrimination. If you feel as though
you are being singled out or treated in an adverse manner at the
workplace, it may be helpful to contact a Discrimination Lawyer. A
Discrimination Lawyer might be able to gather all the facts of an
employee's situation and advise them whether or not their employee
rights have been violated.
- You need to know which law to sue under
Say what? What do you mean which law? In discrimination
matters, it is helpful to have a Discrimination Lawyer to assist an
employee in choosing what body of law to sue their employer under. In
discrimination cases, the employee who wants to bring a claim against
their employer may have a choice of law. This sounds confusing, but
basically, there are laws and remedies available under state and federal
law. The state and federal laws are similar in many ways, however
where they differ can significantly impact the outcome of an employee's
case. For instance, under California state law, there is technically
more possibilities for the enforcement of the employee's right(s)
and/or orders more penalties for an offender. In addition to relief,
under state law, an employee may also have the advantage of more
protection of their rights. It is also possible under state law to
recover an endless amount of compensatory and punitive damages. This
means that under state law, an employee suing for discrimination may
receive compensation in the form of money for the damage caused by the
employer and/or money awarded to the employee in order to punish the
employer for their unsavory actions.
from the possibilities of relief an employee may have under state law,
unlike federal law, state law does not require that the employee obtain a
unanimous jury verdict in order to be successful in their claim. In
other words, the employee suing under state law does not need to obtain
the complete agreement of all jury members in order to receive an award.
state law seems like the way to go, there are many factors and
circumstances that need to be taken into account for each individual
case. This is again why a Discrimination Lawyer plays an important role
in the employer's potential claim. If you or someone close to you is
contemplating a discrimination claim against their employer, it would be
beneficial to find a Discrimination Lawyer who offers free
consultations and no up-front costs.
- You need to know if you have more than one claim
If an employee has a discrimination claim
against their employer, chances are there are other claims in addition
to the discrimination claim. It may not be obvious to the employee as
to what other claims may be tacked on to their discrimination claim, but
a Discrimination Lawyer may be able to examine the facts of the case
and find that the employee's rights were violated in more ways than one.
For instance, an employee may have complained about being discriminated
against and as a result, the employee was punished. The punishment may
come in the form of depriving the employee of their employment
benefits, not choosing the employee for promotion even though they are
qualified, cutting the employee's hours, reducing the employee's pay, or
even demoting the employee. These types of punishments that follow a
complaint may give rise to a retaliation claim in addition to the
discrimination claim. Another type of claim that may be added to a discrimination claim is a claim for wrongful termination.
This is where an employee was fired because of an illegal reason. An
illegal reason may very well be discrimination. In other words, an
employee may be fired from their job because he or she belongs to a
protected class or possesses a protected characteristic. In addition, an
employee may be fired for complaining about something illegal such
discrimination which is also considered wrongful termination.
an employee may add on a failure to prevent discrimination claim
against their employer. Employers are obligated to take reasonable and
preventative steps to foster a discrimination-free work environment.
Therefore, if an employee has established a discrimination claim then it
is likely a failure to prevent discrimination claim would accompany
that allegation. If an employee made a complaint about being
discriminated against and the employer did not take any steps to prevent
future occurrences from taking place, then that also may demonstrate
that an employee has a failure to prevent discrimination claim.
hiring a Discrimination Lawyer, an employee may have the facts of their
case analyzed and from there, it may be determined whether or not other
claims may be added to the particular client's case. A Discrimination
Lawyer who has worked on many discrimination cases and has a high
success rate in those particular cases would be the leading type of
lawyer an employee should hire.
نوشته شده در پنجشنبه 27 ارديبهشت 1397ساعت 2:35 توسط Afshin Tehrani