Are you stuck in a job where unfair treatment is a regular part of your day? Maybe you’re passed over for promotions without reason, or worse, unpaid for hours you’ve worked. This kind of mistreatment can leave you feeling powerless and exhausted.
Unfortunately, these situations are more common than most people realize and take a heavy toll. If you’ve experienced them, you may wonder how to challenge these injustices.
But here’s the truth: the law protects you, and an employee attorney knows how to use them. With their support, you don’t have to face these issues alone.
If you’re dealing with unfair treatment at work, now is the time to act. Learn how an employee attorney can stand up for your rights and help you resolve these workplace issues.
#1 Discrimination and Harassment
You’re a high-performing employee, consistently meeting and exceeding expectations. Yet, every time a promotion opportunity arises, you’re overlooked in favor of less qualified colleagues.
The decisions may seem influenced by factors like your age, gender, or race rather than your qualifications. To make matters worse, supervisors and colleagues may create a hostile environment. This kind of treatment leaves you in an unfair situation with seemingly limited options.
How an Employee Attorney Helps
An employee attorney can be invaluable when tackling workplace discrimination and harassment. They begin by assessing your situation and pinpointing specific discriminatory or hostile actions. This initial step is essential to building a solid case.
With their in-depth knowledge of federal and state laws, attorneys help you navigate the complaint process. They may go through the Equal Employment Opportunity Commission (EEOC) or state-specific agencies. From gathering crucial evidence to representing you in mediation or court, their support is essential.
#2 Wage and Hour Violations
You’re putting in hours beyond the standard 40-hour workweek to meet tight deadlines. Regardless, your paycheck reflects only regular hours—no overtime pay. Meanwhile, coworkers in similar roles earn higher hourly rates, and you’re denied legally mandated breaks.
To complicate things, your employer may have classified you as an independent contractor to bypass overtime laws. These wage and hour violations not only cut into your rightful earnings but also take advantage of your dedication.
How an Employee Attorney Helps
An employee attorney can be instrumental when dealing with wage and hour violations. They start by carefully reviewing your work hours, pay records, and job classification to identify any violations of wage laws. Then, they can help you file claims with the Department of Labor or pursue legal action to recover unpaid wages and overtime.
Beyond recovering lost earnings, an attorney can ensure your job classification reflects your duties. They may also prove you have an entitlement to back pay or additional damages. By managing the legal complexities, they advocate for your fair treatment and enable you to secure compensation.
#3 Wrongful Termination
You’ve been a dedicated employee, consistently going above and beyond at work. But after raising concerns, you find yourself unexpectedly terminated. The timing is blatantly retaliatory, leaving you to deal with a sudden loss of income and the emotional toll of unfair dismissal.
This wrongful termination doesn’t just feel unjust—it damages your professional reputation and impacts future career opportunities. In situations like this, seeking recourse is not only possible but necessary to hold your employer accountable.
How an Employee Attorney Helps
A wrongful termination attorney will begin by reviewing the details of your dismissal. They go through documentation, such as termination letters, performance reviews, or workplace policies. They’ll interview you about recent events that could prove retaliation, such as reporting misconduct. The attorney will then evaluate the evidence to determine whether your employer’s actions violated state or federal laws.
With expertise in anti-retaliation laws, your attorney can guide you through filing claims with agencies like the EEOC or OSHA. They’ll work to secure compensation, reinstatement, or other remedies. If necessary, your attorney will represent you in negotiations or court to ensure your rights are protected and justice is served.
#4 Unsafe Working Conditions
Unsafe working conditions, such as exposed wiring or inadequate safety gear, pose serious risks to employees. When management fails to address these hazards despite being informed, it puts workers’ safety and well-being in jeopardy.
This lack of action not only increases the likelihood of injury but also undermines employees’ sense of value and security. Employers have a legal obligation to provide a safe working environment, and ignoring these responsibilities can have dire consequences.
How an Employee Attorney Helps
An employee attorney will first review the details of your unsafe working conditions and help you gather evidence. Then, they will guide you in filing a formal complaint with OSHA or the appropriate regulatory agency.
If your employer retaliates, the attorney will assist in preparing and filing a whistleblower claim. Throughout the process, they will represent you in negotiations or hearings to secure compensation or reinstatement.
#5 Retaliation for Whistleblowing or Reporting Issues
You should not face consequences for reporting misconduct, such as financial fraud, safety violations, or discrimination. However, some employers respond by cutting hours, denying promotions, or other illegal actions.
Retaliation creates a hostile work environment and undermines your career stability. This misconduct is egregious and harms both your livelihood and workplace accountability.
How an Employee Attorney Helps
An employee attorney begins by gathering evidence to establish a connection between your whistleblowing report and any retaliatory actions. This process includes collecting documentation, witness statements, and timelines to strengthen your case.
Next, the attorney assists in filing a formal retaliation complaint with the appropriate agency, such as OSHA or the EEOC. They work to hold your employer accountable by handling these steps while you focus on recovering from the impact of the retaliation.
#6 Denial of Benefits and Leave Rights
When you qualify for leave under federal or state laws, your employer is required to honor your request for time off. If your leave is denied or you are threatened with termination for taking it, this constitutes a violation of your rights. Employers must provide leave for personal health issues or family care.
Denial of these rights not only adds undue stress but also creates an unlawful barrier to accessing benefits. Employers must adhere to the law, and failure to comply can leave them liable for legal action.
How an Employee Attorney Helps
An employee attorney can provide critical assistance in enforcing your leave rights. They will first review your eligibility under laws like the Family and Medical Leave Act (FMLA) or state-specific leave laws Next, they can communicate directly with your employer to address violations.
If your employer unlawfully denies your request, the attorney can assist in filing a formal complaint or pursuing legal action in court. Their role includes finding evidence, drafting legal filings, and advocating for your rights.
#7 Breach of Employment Contract
An employment contract should clearly define job responsibilities, salary, benefits, and conditions for termination. When an employer fails to honor these terms—such as assigning tasks outside your role without additional pay—they breach the agreement. It is essential to address such breaches promptly to enforce the terms of your contract.
How an Employee Attorney Helps
An employee lawyer begins by carefully reviewing the terms of your employment agreement to identify specific breaches by your employer. They will assess the evidence, including correspondence, payroll records, or performance evaluations. The attorney can then explore resolution options, such as drafting a demand letter to seek immediate remedies. If negotiation fails, they can file a lawsuit to enforce the contract.
Find Your Employee Attorney Today
Navigating these situations without support can be daunting while you deal with the aftermath. An employee attorney can be a crucial ally, guiding you through each decisive action.
If you’re confronting any of the workplace issues outlined here, we can connect you with local legal help. Complete this easy online form or call (866) 345-6784 for a quick referral!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Applicable Laws
- Title VII of the Civil Rights Act: Prohibits employment discrimination based on race, color, religion, sex, or national origin.
- Americans with Disabilities Act (ADA): Protects employees with disabilities from discrimination and mandates reasonable accommodations.
- Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and over from age-based discrimination in hiring, promotion, and other aspects of employment.
- Equal Pay Act (EPA): Requires that men and women receive equal pay for equal work within the same workplace.
- Fair Labor Standards Act (FLSA): Establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards for full-time and part-time workers.
- IRS Guidelines on Employee Classification: Defines criteria to differentiate between independent contractors and employees, impacting wage and benefit entitlements.
- Family and Medical Leave Act (FMLA): Ensures eligible employees receive unpaid, job-protected leave for specified family and medical reasons without wage or hour retaliation.
- Occupational Safety and Health Act (OSHA): Protects employees who report workplace safety violations from retaliatory termination.
- Whistleblower Protection under OSHA: Prohibits employers from retaliating against employees who report safety violations or refuse to work in dangerous conditions.
- Whistleblower Protection Act: Protects federal employees from retaliation for disclosing information about violations of laws, regulations, or gross mismanagement.
- Sarbanes-Oxley Act: Provides protections for employees of publicly traded companies who report financial fraud or securities violations.
- Employee Retirement Income Security Act (ERISA): Regulates employer-provided benefits, ensuring employees receive the benefits promised under their employment plan.
- Pregnancy Discrimination Act (PDA): Prohibits discrimination based on pregnancy, childbirth, or related medical conditions and requires leave or accommodations where needed.
- Uniform Commercial Code (UCC) (where applicable): Provides guidelines on commercial agreements, including some employment contracts, in certain states.
