Common workplace issues that an employment lawyer can help you with
It’s not uncommon to hear of employees facing challenges in the workplace. There is a wide range of workplace-related issues that can impact an employee’s well-being and job satisfaction, but some are more common than others.
For the most part, workplace issues are easily resolved with input from management or changes to employment protocols. Business owners must implement policies to protect employees and reduce the risk of accidents and ongoing problems.
However, many employees face ongoing issues in the workplace and need help tackling them. In this case, the employee might choose to contact an employment lawyer, such as those at Cashion Legal Employment Law firm, to take legal action against their employer or colleague(s).
Below, we have covered some of the most common workplace issues that an employment lawyer can help you to resolve.
Discrimination
Discrimination refers to the act of treating a person or group of individuals differently or unfairly because of one of their protected characteristics. Such characteristics include age, sex, gender orientation, nationality, ethnicity, religion, marriage status, pregnancy, or military status.
Sadly, discrimination is one of the most common problems faced by modern-day workers. Even with the introduction of mandatory anti-discrimination policies, employers often still struggle to implement these practices, and in some cases, it’s the employers themselves who are being discriminatory.
An employment lawyer can help you if you’re experiencing discrimination in your workplace. They can gather details about the discriminatory behaviors you have been a victim of and guide you in taking legal action against the perpetrator(s).
Harassment
Harassment comes in a range of forms, one of the most common being sexual harassment. This refers to when an individual makes sexual comments or advancements towards another person without their consent.
Sexual harassment is a serious issue and must be dealt with as such. Speaking to your employer is often the best course of action if you’re exposed to harassment in the workplace, as they can take the necessary action to stop it from happening again in the future.
However, if your employer fails to resolve the issue, consulting an employment lawyer should be your next step.
They can work closely with you to gather evidence that supports your case against whoever is harassing you. Your lawyer will also represent you in court if you wish to take matters further.
Wrongful dismissal
Wrongful dismissal, sometimes also called wrongful termination or unfair dismissal, refers to when an employer fires an employee without fair justification. Common reasons for unfair dismissal include discrimination or personal issues.
In all cases, wrongful termination is illegal. An employer must always provide a fair reason for dismissing an employee, and if they are unable to justify their action, they could be liable in the event of a claim or court case.
An expert employment lawyer can help you if you’ve been unfairly fired from your job. They can evaluate your case and negotiate with your employer to get your job back for you. Alternatively, they can help you take your case to court if you wish to take legal action against your employer.
Constructive dismissal
Constructive dismissal occurs when an employee feels that they have no other option but to hand their notice in at work due to their employer’s actions. Often, an employee resigns because they feel that their employer is treating them unfairly or has breached their employment contract terms and conditions or US employment laws.
If constructive dismissal applies to you, you can claim against your employer for their actions. This situation applies if your employer fails to pay you on time or the right amount, discriminates against you, refuses to make reasonable adjustments for your needs, or fails to take action if you raise a serious issue in the workplace.
It’s best to speak to an employer lawyer if you’ve had to resign because of your employer’s actions. They can liaise with your employer on your behalf to negotiate a settlement based on lost wages and psychological trauma. Alternatively, you can speak to your employer directly if you wish to agree on a settlement figure without an intermediary.
If your employer fails to agree to a settlement figure, you can take your case to the employment tribunal if you meet the required conditions. The tribunal will determine whether your constructive dismissal case is valid and, if so, how much compensation you deserve.