Employer Misconduct / Wrongful Termination
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Employer misconduct can take many forms, and here at Meridian Law, we are experienced in handling a wide variety of employment law claims. Many of the actionable claims involving employer misconduct directly relate to discrimination or retaliation against an employee. However, there are other types of employer misconduct for which you, as an employee, may be entitled to monetary relief and/or requirements that the employer take some type of action in your favor (often referred to as "affirmative relief").
Claims involving employer misconduct can arise where an employer fails to comply with its own policies and procedures, or violates a term of an employee's contact of employment. In these circumstances, whether you remain employed or not, you may have an actionable claim. We are available to discuss the particular circumstances applicable to your employment and help you determine what rights and remedies you have.
You may also be entitled to relief from a company that is not your employer, but from whom you sought employment. Some of these circumstances include:
Job Advertisements: It is illegal for an employer to publish a job advertisement that shows a preference for or discourages someone from applying for a job because of his/her protected class. For example, a help-wanted ad that seeks "females" or "recent college graduates" may discourage men and people over 40 from applying and may violate the law.
Recruitment: It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their protected class. For example, an employer's reliance on word-of-mouth recruitment by its mostly Hispanic work force may violate the law if the result is that almost all new hires are Hispanic.
Application & Hiring: It is illegal for an employer to discriminate against a job applicant because of his or her protected class. For example, an employer may not refuse to give employment applications to people of a certain race. An employer may not base hiring decisions on stereotypes and assumptions about a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
If an employer requires job applicants to take a test, and a job applicant with a disability needs an accommodation (such as a sign language interpreter) to apply for a job, the employer is required to provide the accommodation, so long as the accommodation does not cause the employer significant difficulty or expense.
Job Assignments & Promotions: It is illegal for an employer to make decisions about job assignments and promotions based on an employee's protected class. For example, an employer may not give preference to employees of a certain race when making shift assignments and may not segregate employees of a particular national origin from other employees or from customers. An employer may not base assignment and promotion decisions on stereotypes and assumptions about a protected class.
Pay And Benefits: It is illegal for an employer to discriminate against an employee in the payment of wages or employee benefits on the bases of a protected class. Employee benefits include sick and vacation leave, insurance, access to overtime as well as overtime pay, and retirement programs. For example, an employer many not pay Hispanic workers less than African-American workers because of their national origin, and men and women in the same workplace must be given equal pay for equal work.
These are just some of the circumstances that may arise which constitute unlawful actions by an employer, either pre-hiring or during employment. If you believe you have been subject to illegal conduct by a prospective or current employer, please contact us to discuss the specifics of your situation. We can advise you whether we believe you have an actionable claim, as well as how to pursue it, and what recovery you might be entitled to.
If you are being treated in an improper manner in the workplace, give us a call or email us, and we can arrange to meet with you to discuss your options.