Situations in Which You Should Seek Employment Law Advice
Do you belong to a union for your industry? If not, and you feel as though you are experiencing injustice in your workplace by an employer or colleague, or you feel as though you have been a victim of an unfair employee dismissal as a violation of your employee rights, it is imperative that you seek out the council of an employment attorney. Workplace fairness laws can vary from state to state, and while there are federal regulations, you may not know whether what is happening to you is legal. Here, we will discuss situations in which an employee should reach out to an employment lawyer to see whether he or she will need their services.
The Department of Labor’s website (https://www.dol.gov/general/aboutdol/majorlaws) lists a summary of major workplace laws that are to be followed by both employers and employees. Many of these laws are mentioned in the papers employees sign when they are hired by a firm. In the event an employee feels their rights have been violated, a good first step to take is to go to the HR office, and ask for a copy of the documents that were signed by the employer and employee when the employee was hired. Reviewing these documents may be the first step in learning whether a breach of contract has occurred. Are you an employer getting sued by an employee? Their hiring papers may help build a case if they are suing you for an issue not covered by their paperwork.
It is important to note that some of the laws affecting employee law change often. The Employment Law Handbook (https://www.employmentlawhandbook.com/title-vii/five-recent-court-cases-affecting-employers/) covers five recent cases affecting employers, as of 2020. One important case to note regarding Title VII which was upheld by the Supreme Court regarded LGBT rights. Bostock vs. Clayton County upheld that it is illegal, in all fifty states, to fire or refuse to hire an employee strictly because they belong to the LGBT community. A few of the other cases regarded religious exceptions made for religious schools and its teachers. One important case which may impact a significant number of employees came from Darby v. Childvine, in which the Supreme Court held that a genetic mutation and noncancerous cell growth could be considered a disability. They ruled that it was illegal for Sherryl Darby to be fired from her job for requesting time off to have a double mastectomy because she had a predisposition for breast cancer.
The final case covered whether lap band surgery could qualify an individual for ADA protection. In this case, a teacher missed her summer school coaching assignment due to a lap band surgery she scheduled. The teacher, Tanya Lyons argued that she was given a lesser duty of teaching in the Fall because she missed the summer assignment. The Supreme Court argued that undergoing the lap band surgery in and of itself was not enough to trigger the ADA protections. It is important to note that the Supreme Court is constantly presented with cases in which they must interpret the law as it is written. This is why speaking to an employment lawyer may be the quickest way of learning whether your case stands a chance in a court of law.
Have you or a loved one experienced a violation of your rights in the workplace? Do you think you can benefit from a no obligation consultation with one of our employment law attorneys? Call Dsouza and Strachan law group today and let us review the case. If we think you have a viable case, we would love to represent you. If we think you do not have a viable case, we will let you know your options. Choose to deal with attorneys who are upfront and honest. Looking for references? Read our client testimonials online and then call us, or visit our website: https://www.dsouzalegalgroup.com/ . A free consultation awaits you.