Finally, after years of remaining at the same level, the Indiana Worker’s Compensation Board and State of Indiana increased the financial recovery rates an injured worker can claim for their case. www.in.gov/wcb/files/PPIandTTD-benefits2023_1.3_.pdf For injuries that occur on or after July 1, 2023, an injured worker may recover more money for their PPI and TTD benefits. The schedule used by the state increases annually over the next four years. Understanding these rate tables can be complicated. Since every dollar for your work injury case is precious, you should contact Goodin Abernathy for legal help.
Worker’s Compensation Laws
Employees hurt on the job in Indiana are protected by Indiana’s Worker’s Compensation laws. Attorney Jim Browne and Goodin Abernathy regularly help our Hispanic clients navigate the legal process to protect their rights and fight for more benefits. This article highlights main points of the Indiana Worker’s Compensation process.
Each state uses different laws for their worker’s compensation (“work comp”) claims. In Indiana, a work injury is considered a civil law claim. It does not involve criminal or immigration law issues. Something a little different about work comp claims is an agency handles the legal process – not a court of law. The Indiana Worker’s Compensation Board is the agency that tracks and handles these cases. You can learn more about the Board at this website https://www.in.gov/wcb/
An important part about Indiana’s work comp law is that an employer cannot defend a case based on liability or fault. Unlike an auto accident or other typical type of injury claim, it does not matter whether an employee was negligent and did something to cause the accident. As long as the employee was not intoxicated or intended to hurt themself, Indiana requires the employer to offer benefits.
Unfortunately, we often hear that employers threaten immigration reporting or similar problems when their employees are injured. You should not be afraid of immigration issues. Indiana’s work comp law allows any worker to make a claim. Your immigration status does not affect your legal rights and does not involve notifying the U.S. Immigration Customs and Enforcement (“ICE”) agency. Hispanic workers should not be concerned about immigration problems and notify their employer or supervisor immediately if injured on the job. Make sure to report your injury right away because waiting to do so may allow the employer to dispute responsibility.
Preliminarily, a couple legal issues we see affecting work comp claims involve whether the worker was an employee and whether the employer has insurance coverage. Determining whether an injured worker is an employee or independent contractor can be a complicated legal question. Since Indiana law does not require employers to offer independent contractors work comp benefits, let’s review some basic differences between employees and independent contractors.
Signs That Show A Worker Is An Employee
The worker is paid with a company check
Taxes are taken out of their pay checks
Worker does not work at other jobs
Worker does not have her/his own business
Worker uses the employer’s equipment
Worker regularly visits the employer’s place of business
Works the hours and schedule the employer chooses
An Independent Contractor Is Usually Identified When These Circumstances Apply
The worker has her / his own company
They work for various other companies
They do not work for the employer full time
They receive a 1099 tax form from the employer
They do not have taxes withheld from their payments
They use their own vehicles and equipment to perform the work
Worker’s compensation insurance coverage is an important part of the claim. Without insurance coverage, employers usually cannot pay the benefits they owe their injured employees. Many employers are small companies or individuals and choose not to pay for insurance. This is an important reason why you should ask if your employer has worker’s compensation insurance. A legal option that sometimes helps injured workers in these situations is if your employer is performing work for another company or contractor. Typical examples of this arrangement are found in construction and staffing agency arrangements. Indiana’s work comp law allows us to take one step up and make a claim for benefits from the general contractor or staffing agency if the primary employer does not carry insurance.
When an employee is injured on the job, Indiana law requires the employer to offer various benefits. The first and probably most important benefit is for medical treatment. If you visit the doctors, therapists and medical providers the employers offer, they must pay for all your costs. You are not responsible for deductible payments. You are not required to use your own health insurance or take FMLA time. Since your health and well-being are your primary concerns, you may seek medical treatment immediately after your work accident. If your employer or the insurance company deny you treatment, then you should seek legal help immediately. The attorneys at Goodin Abernathy understand the process and will explain your rights.
When a doctor or medical expert says you cannot work due to your injuries, you may claim Temporary Total Disability (“TTD”) payments. Indiana’s work comp law requires employers to pay two – thirds (66.66%) of your regular income while you cannot work. These TTD payments are not reduced for income tax or other typical withholdings. Before the payments start, the doctor must determine that you miss more than seven (7) consecutive days of work. If you miss thirty (30) consecutive days or more, than the employer must go back and pay you for the first 7 days of work that you missed. Sometimes, workers do not miss time off work immediately after their injury. But later, they require surgery or start treatment that keeps them off work. The TTD rules also apply to these subsequent periods of missed work.
When the employer or its insurance company determine that certain benefits should finish, they are required to send you a Termination of Benefits form. The form looks like this www.in.gov/wcb/files/Blank-38911.pdf If you dispute that benefits should stop, it is important to respond to these within seven days of receiving the form. If you fail to respond, then technically the employer may stop sending you the TTD benefits.
The final type of benefits owed to an injured employee involves the Permanent Partial Impairment (“PPI”) value of your injury. Basically, this benefit pays the employee for the future impairment they will suffer from the injury. That is, how will the injury interfere with their work and ability to earn income in the future. Calculating this benefit is complicated. For instance, the doctors and work comp Board uses the AMA Guidelines for reference. https://www.ama-assn.org/delivering-care/ama-guides/ama-guides-evaluation-permanent-impairment-overview. To understand it best, you should contact our Legalmente Hablando Indy team for representation. We will examine the medical records, show you how the government calculates the benefits and describe your legal options for maximizing recovery of PPI benefits.
Indiana law controls how attorneys charge for legal services in work comp claims. All attorneys in the state charge the same percentages for contingency fees. Since we charge a contingency fee, that means we collect our fees only when we win and you get paid money for your claim. If we do not collect money, then you do not pay. Our legal fee agreements are explained in both Spanish and English.
If you or a loved one are injured in a workplace accident, contact the Goodin Abernathy legal team. We handle death claims, amputations, orthopedic surgeries, electrocution, burns, explosions, head /brain injuries, spinal column fractures and broken bones. You will find we care about our clients and patiently explain the legal process. Count on us to aggressively represent your claim. Contact us today.
Employee and worker rights have been a long-running topic in our country as we try to maintain a work/life balance. One of the most influential and beneficial laws passed in recent history is the Family and Medical Leave Act (FMLA). Since the passage of the FMLA in 1993, millions of people have been able to take the time needed to care for themselves and their loved ones. The lawyers at Goodin Abernathy represent clients and their workers’ rights when they need to take medical leave. We are passionate about protecting our clients’ rights and ensuring their livelihood is protected when caring for themselves and family.
Qualifying Employees
Companies or businesses that employ 50 or more people for more than 20 work weeks in the current or previous year must abide by the FMLA. In addition, as an employee of one of the qualifying companies, you must also meet specific standards to qualify for medical leave.
First, you must have been employed by your current employer for at least a year, which would be twelve months. During those last 12 months, you must have worked at least 1,250 hours. This equates to 31.25 40-hour work weeks, which is just under eight months of full-time work. You can qualify for medical leave as a part-time employee. However, you would still need to meet the employment requirements.
Second, if you meet the employment requirements, you or a family member must then experience a qualifying illness or event.
Qualifying Family Members
A qualifying family member would be in your immediate family or household. The FMLA defines family members as the employee’s spouse, parent, guardian or custodian, grandparent, brother, sister, or adopted brother or sister.
Qualifying Reasons
To be able to take a medical leave, it must be a qualifying condition or situation. The FMLA defines this as the birth or adoption of a child, a serious health condition that renders you unable to do your job, or a family member’s serious health condition that the employee must take care of.
Medical leave under the FMLA is considered a protected activity as a matter of public policy. Speaking with an employment lawyer can help you understand your rights and ensure you qualify. Employers that terminate an employee for doing a protected activity could be liable for wrongful termination.
What Is A Serious Health Condition?
Not all medical conditions will qualify you for medical leave. The condition must be a “serious medical condition” that prevents you from doing your job. For example, you or a family member must stay in the hospital overnight. You or your family member may require treatment from a doctor that requires three or more days off from work. The medical condition is chronic or requires ongoing treatment that incapacitates you for extended periods of time. The medical condition is long-term and permanent, with no effective treatment available.
How to Take Medical Leave
If your medical leave is planned, you must give your employer at least 30 days’ notice. It is best to communicate with your employer about your medical leave in writing. Print out and keep these communications for your records. For example, adoptions, giving birth, or having surgery would qualify. However, in an emergency situation, you must give notice as soon as possible.
Your employer may ask for a written statement from a doctor. Your statement should include the basic facts of the health condition, when it began, and how long it is expected to last. There should also be a statement about how a serious medical condition prevents you from doing your job, which is why you are requesting medical leave. However, it does not need to include personal medical information that would violate your HIPPA rights.
If you are requesting time off to care for a family member, the statement would need to explain how you are needed to care for said family member. In addition, your employer may require a new written statement every 30 days.
When taking your medical leave, you have 12 weeks available. You can take your 12 weeks all at once or spread it out over the course of the year in smaller breaks.
When your medical leave is completed, your employer may require that you provide a written doctor’s statement verifying that you are medically cleared to return to work or that your family member no longer requires your care.
Stand Up For Your Employment Rights
You may have legal recourse if you qualify for medical leave, and your employer won’t let you, harasses you, or threatens termination. Possible recovery could include getting your job back or monetary compensation. In addition, your employer may be required to pay for your court and attorney costs. The team at Goodin Abernathy works with clients to protect their employment rights. You should be able to care for yourself and your family without fear of losing your job.
Contact our office today and speak with one of our knowledgeable employment lawyers.
About 32% of workers do not report the discrimination they experience because they aren’t sure that it is a big deal. This is unfortunate because no one should experience any level of discrimination. Our team of experienced discrimination lawyers at Goodin Abernathy understand that workplace discrimination comes in many forms. These are some of the things that can happen to you if you’re being discriminated against.
1. Lack of Employee Diversity
One easily recognizable sign that discrimination might be taking place is a noticeable lack of diversity within the company. If everyone on the team is the same race, gender, age range, ethnicity, religion, and socio-economic class, then there is a lack of diversity. This can result in groupthink and a lack of acceptance of anyone who does not fit the mold. However, the discrimination taking place can be subtle. It could be intentional or unintentional.
2. Payscale Inequality
You have probably had an employer prohibit employees from talking about their salaries. However, you have a federally protected right to speak about the details of your salary with your coworkers. One reason employers attempt to prevent this type of discussion is that it can easily reveal discrimination. For example, if employees in the same position with the same experience and work quality have vastly different salaries, this could be a sign of discrimination. Speaking with a knowledgeable discrimination lawyer can help you identify discrimination through pay inequality.
3. Promotions Not Based on Merit
Promotions, pay raises, and layoffs should be done based on merit and work product quality. Employers should consider an employee’s performance in their role, not their gender, age, race, or religion. Look for a pattern in the decision-making of promotions, raises, and layoffs. This could be that only certain gender or race employees get promoted. Or employees of a particular age or religion are the only ones that get laid off. Another more subtle sign of this type of behavior is a manager that doesn’t do performance reviews or ask for input from other employees and managers.
4. Exclusion From Informal Networking
In every industry, a certain amount of socialization and networking takes place. This informal networking helps employees stay informed, progress in their careers, and develop social capital. When people with a specific category are excluded from informal socialization, it could be a sign of discrimination. This type of discrimination can be difficult to prove. Speaking with an experienced employment lawyer can help you determine if discrimination occurred and how to establish evidentiary proof if it did.
5. Personal Criticizing or Micromanagement
Some managers have a critical nature or a micromanagement leadership style. This is not automatically discrimination if they treat everyone this way. However, if they target a single person with overly critical communication or aggressive micromanagement, this could be discrimination. Signs of this could be a refusal to acknowledge a job well done, excessive criticism, or speaking in a derogatory tone.
6. History of Employee Lawsuits
Often, an employee feels alone in their discrimination experience. However, this isn’t always the truth of the situation. Speaking with an experienced workplace discrimination lawyer can give you insight into your company’s history with discrimination. For example, you may find that the company has a history of lawsuits and EEOC complaints. This can be a sign that discrimination is widespread throughout the company and makes it likely that the treatment you are experiencing is discrimination.
7. Unfair Disciplinary Action
Some discrimination provides certain employees more benefits than others. However, discrimination can also mean that some employees experience more negative treatment than others. If there are unfair disciplinary actions, this could be a sign of discrimination. A company should have a manual that outlines expected behavior and the consequences when not adhered to. The company then needs to follow these policies when disciplining employees. Discrimination happens when there is no employee manual, or the manual is ignored. Managers could give unjust criticism, harsher punishments, or more aggressive termination practices. Sometimes managers do these unintentionally. Others use these practices intentionally to build a case for the termination of the discriminated employee.
8. Duty Assignment Based on Gender
A subtle sign of discrimination is workplace roles assigned based on gender. This happens when people allow themselves to fall into the rut of traditionally gendered roles. Discrimination of this type can be more subtle. For example, the company could have a diverse employee profile. However, the women are the ones responsible for the management of the break room and secretarial roles. While the men in the same position are not expected to do these things or are more quickly promoted to a managerial or executive role.
How Your Employer Accountable
No one should have to experience or accept discriminatory treatment while at work. However, if you notice these actions or treatment at your place of employment, then your employer may be discriminating. Whether intentional or not, the experienced lawyers at Goodin Abernathy can help you hold your employer accountable for their actions. Contact our team of caring lawyers to talk about your work experience and possible discrimination lawsuit.
Millions of Americans have depended on unemployment insurance to help them remain financially stable while in between jobs. This public assistance program began in 1935 as a way of helping people during the Great Depression and has been relied upon ever since. Filing for unemployment requires you to follow a specific process. Failing to do so and you risk not getting approved. The first step is to confirm state regulations, gather paperwork, and prove job loss. Understanding these ten things before applying will help to make the process feel more approachable.
1. Are You Eligible?
You must meet certain requirements to be able to file an unemployment benefits application. Otherwise, your application will get rejected. First, you must be a resident of Indiana. Then, you must meet the following requirements.
Unemployed, and
Worked in Indiana during the last 12 months, and
Earned wages per Indiana guidelines, and
Actively seeking work
2. Gather Paperwork
Before you start your application, gather all of the necessary information. This will make the application process easier and faster. It will also ensure you do not make a mistake or forget important information. Gather the following pieces of information for your unemployment application.
Email account
Driver’s license or valid ID
Address
Social Security number
Date of birth
Phone number
Last employer’s name, mailing address, phone number,
Dates of employment
The reason you are unemployed to prove job loss
Bank routing number and account number
3. File Weekly Vouchers
After you submit your initial benefits application, you must file weekly vouchers. You will file a voucher each week that you wish to receive benefits. This is because benefits are paid weekly. Do not wait to start filing your weekly vouchers. Continue with weekly filings even if your application is delayed or going through an appeals process. Should your application get approved or corrected, all previous payments will get released. However, if you failed to file your weekly vouchers, then there are no payments to release.
When filing your weekly vouchers, report any income you receive for that week. Failing to do so is fraud.
4. Keep Detailed Job Search Records
Each week, you will need to fill out a Work Search Activity form on the IndianaCareerConnect.com website. If you keep a detailed written record of your job search activities, then this should be a relatively quick and straightforward process. You will need confirmation emails for jobs applied to, company contact information, and any proof of your job search activity. The DWD offers a log template to aid in your record keeping. Do not throw away your records after filling out your weekly search activity form. The DWD can request to verify your job search activity at any time while receiving benefits. If your records are determined to be lacking or inaccurate, your benefits claim could be denied, and you would cease to receive unemployment benefits.
5. Can You Waive the Work Search Requirement?
As a general rule, everyone receiving unemployment benefits must be actively looking for employment. However, there are certain circumstances where this requirement can get waived. For example, you could be enrolled in a training program that is approved by DWD. Or you could be a member in good standing of a DWD-approved union hiring hall. Finally, you have a specific recall date for the company position that let you go that is within 60 days of your filing date. Do not assume you are eligible and do not need to search for work. Speak with a representative to confirm your eligibility so that you do not unknowingly fail to fulfill the requirements to continue receiving payments.
6. There Is a Time Limit
Unemployment payments do not last forever. The standard maximum length is 26 weeks. During the pandemic, there were federal programs in place that made it possible to apply for additional weeks. However, these federal benefits ended in 2021.
7. Look for the Monetary Determination of Eligibility Form
After submitting your unemployment benefits application, you should receive a Monetary Determination of Eligibility form within ten days. This form does not mean you qualify for benefits or have the approval to receive benefits. Instead, it simply lists what your weekly benefit would be and the total maximum benefit you are eligible for. Your eligibility determination will happen within 21 days. However, this determination can take longer if there are issues with your filing.
8. Be Honest and Forthcoming
The state of Indiana takes unemployment benefits fraud seriously and actively pursues those suspected of this activity. You could face prison time, probation, repayment of money received, and restitution if caught. Thankfully, fraud is simple to avoid. Be honest and forthcoming with information about your unemployment, earning history, and job search efforts.
Do not intentionally withhold information. Do not provide misleading or inaccurate information. Double-check the information before submitting documents. If you do discover an error or mistake, correct the issue as soon as possible.
9. Be Responsible
You must take ownership of your unemployment filing. Read all of the materials provided and watch the tutorial videos to confirm state regulations. This will help you avoid making errors that could result in an under or overpayment. It will also help you understand your rights. This self-responsibility is what led some Indiana residents to stand up for their rights and take their grievances to court. This led to the Indiana Department of Workforce Development (DWD) paying millions in back payments. If you feel you have a right to more unemployment than what you are receiving, it could help to speak with an unemployment lawyer. They can help you understand the regulations applicable and your potential right of recovery.
10. Hire a Goodin Abernathy LLP Lawyer
Losing a job is stressful as you look for new employment while staying financially stable. Applying for unemployment benefits can help ease the financial pressure while looking for new employment. In addition, unemployment benefits can make it easier to pursue compensation if you feel you have been wrongfully terminated. The team at Goodin Abernathy fights hard to help clients pursue their employment claims. Thanks to their years of experience, clients get the answers and guidance they need to file an unemployment claim.
Schedule a consultation with the employment lawyers at Goodin Abernathy to discuss your recent loss of employment and potential wrongful termination claim.
Yes, Indiana is an at-will employment state, which means that employers in the state have the right to terminate an employee’s job for any reason or no reason at all, as long as it is not an illegal reason.
Now, let’s look into it more in-depth.
At-will employment is a concept that affects both employers and employees in the United States. In at-will employment, either the employer or the employee can terminate the employment relationship at any time and for any reason, without legal recourse. However, there are some exceptions to at-will employment that can provide legal protection for employees. In this blog post, we will explore whether Indiana is an at-will state and what implications this has for employees and employers in the state. It is important for both parties to understand Indiana’s employment laws to navigate the employment relationship in a fair and lawful way.
What is At-Will Employment?
At-will employment is a term used to describe a working relationship where the employer or employee can end the employment relationship at any time, with or without cause or notice. In an at-will employment arrangement, employers can terminate an employee’s job for any reason, including poor performance, personality conflicts, or even without giving any reason at all. Similarly, employees can resign from their job at any time without providing a reason.
Exceptions to At-Will Employment in Indiana
While Indiana is an at-will employment state, there are some exceptions to the at-will doctrine that can provide legal protection for employees. These exceptions can limit an employer’s ability to terminate an employee’s job and provide legal recourse for employees who are wrongfully terminated.
One of the most significant exceptions to the at-will employment doctrine is the prohibition against discrimination. Under federal and state laws, employers are prohibited from firing employees based on their race, color, age (over 40), national origin, disability, religion, pregnancy, or genetic information. If an employee can demonstrate that they were fired for one of these reasons, it is considered wrongful termination.
In order to prove wrongful termination based on discrimination, the employee must first show that they were a member of a protected class and that the termination was motivated by their membership in that class. The employer may then argue that the termination was based on legitimate, non-discriminatory reasons, such as poor performance. In this case, the burden shifts back to the employee to prove that the employer’s stated reason is pre-textual (not true), and that the real reason for the termination was discrimination. If the employer cannot provide evidence of a legitimate, non-discriminatory basis for the termination, it may be easier for the employee to prove that discrimination was the true motivation for the firing.
Under both state and federal laws, it is illegal for an employer to discriminate against an employee based on their membership in a protected class. If you believe you have been wrongfully terminated due to discrimination, it is important to consult with an experienced attorney who can help you understand your rights and options under Indiana and federal law.
Another exception to at-will employment in Indiana is the existence of an employment contract between the employer and the employee. If an employee has an employment contract that specifies the conditions under which their employment can be terminated, then the employer is bound by those conditions. This means that an employer cannot terminate the employee’s job outside of the specified conditions without breaching the employment contract.
Collective Bargaining Agreements
Another exception to at-will employment in Indiana is the existence of collective bargaining agreements. These agreements are negotiated between the employer and the employee’s union, and they specify the conditions under which the employee’s job can be terminated. Employers in unionized workplaces must adhere to these agreements and cannot terminate an employee’s job outside of the specified conditions without violating the collective bargaining agreement.
Understanding these exceptions to at-will employment can help employees and employers navigate the employment relationship in a fair and legal manner. Employers should be careful to ensure that they are not violating any laws when terminating an employee’s job, and employees should be aware of their legal rights and seek legal counsel if they believe they have been wrongfully terminated.
Implications of At-Will Employment in Indiana
At-will employment can have significant implications for both employees and employers in Indiana. While at-will employment provides employers with flexibility and reduces the costs associated with terminating employees, it also places employees at risk of being terminated without cause. Employees who are wrongfully terminated may face financial difficulties, loss of benefits, and difficulty finding new employment.
Employers in Indiana should be careful to ensure that they are not violating any laws when terminating an employee’s job. Terminating an employee for discriminatory reasons, for filing a workers’ compensation claim, or for serving on jury duty can result in legal action and financial penalties for the employer. Employers should also be aware that employees may have legal recourse if they are terminated outside of the conditions specified in their employment contract or collective bargaining agreement.
Employees in Indiana should be aware of their legal rights and seek legal counsel if they believe they have been wrongfully terminated. Indiana law provides some protections for employees, such as protection against discriminatory terminations and protection for whistleblowers who report illegal activity in the workplace. Additionally, employees may be able to negotiate an employment contract or collective bargaining agreement that provides additional job security.
Understanding the nuances of at-will employment in Indiana can help both employers and employees navigate the employment relationship in a fair and legal manner. Employers should be aware of their legal obligations when terminating an employee’s job, and employees should be aware of their legal rights and seek legal counsel if they believe they have been wrongfully terminated.
Conclusion
In conclusion, Indiana is an at-will employment state, which means that employers in the state have the right to terminate an employee’s job for any reason or no reason at all, as long as it is not an illegal reason. However, there are some exceptions to at-will employment in Indiana, such as the existence of an employment contract, collective bargaining agreements, and legal protections against discriminatory terminations.
It is important for both parties to communicate openly and honestly to avoid any misunderstandings or legal disputes. Employers should provide clear expectations and performance feedback to employees, while employees should be aware of their job responsibilities and seek clarification when necessary. By working together, employers and employees can create a positive and productive work environment that benefits everyone.
Contact a Goodin Abernathy Employment Lawyer
At Goodin Abernathy, our experienced employment law attorneys can provide guidance and legal support to help you navigate the complex employment laws in Indiana. Whether you are an employer seeking to ensure compliance with legal requirements, or an employee who has been wrongfully terminated, our attorneys can help protect your rights and interests. Contact us today to schedule a consultation and learn more about how we can assist you.
About 40% of Americans have been fired from their job at some point in their life. Getting dismissed from your job is upsetting and something no one wants to face. Indiana is similar to many other states because it recognizes the at-will employment doctrine. A company can fire its employees at any time for almost any reason. However, this does not mean businesses are free to treat their employees however they like. American workers have certain protections and rights afforded them through law and regulation. The team at Goodin Abernathy represents dismissed employees whose former employer violated these protections, resulting in a wrongful termination. If an employee suspects they have been wrongfully terminated, they should look for one of these eight signs.
1. The Reason Is Vague
An employer should be able to provide its employees with a clear explanation as to why they are dismissing an employee. If an employee requests the reason and the employer can’t or refuses to provide one, this could signify wrongful termination. As an employee, you have the right to request the reason in writing from the employer. However, if the employer refuses to provide them with this information in writing, it could be helpful to speak with a lawyer about a potential wrongful termination claim. Because every situation is different, an attorney will work with an employee to determine the viability of their potential claim.
2. Suspected Discrimination
It is illegal for an employer to fire someone solely based on their membership of a protected status. In addition, an employer cannot fire someone based on the perception that they belong to a protected group. The Equal Employment Opportunity Commission (EEOC) enforces anti-discrimination laws in the United States. These laws include the Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and The Civil Rights Act of 1991, and others. Each of these laws protects individuals in the workplace to prevent discrimination based on the protected classes below.
Race
Sex
Gender
Nationality
Disability
Religion
Skin color
Ethnicity
National origin
Pregnancy
Sexual orientation
It is important to understand that an employee can belong to a protected class and still be fired for lack of performance or another reason. Speaking with an experienced employment lawyer can help determine if an employer violated one of these employment protection laws.
3. Fired For Doing a Protected Activity
As a matter of public policy, employers cannot fire someone for performing a protected activity. This would include an incident of harassment or cooperating with an EEOC investigation. This is to protect people, so they don’t have to worry about their employment when tending to personal matters. It is a matter of public interest that people do not lose their jobs when they need them the most simply because they have a family or medical issue to take care of. An example of this would be getting pregnant or caring for a sick family member. These are protected under the Family and Medical Leave Act (FMLA).
4. Experienced Harassment
Unfortunately, harassment still exists in the American workplace. While dealing with harassment at work is upsetting, it is even more so when it leads to termination. There are two ways an employee can be wrongfully terminated after experiencing harassment. In the first instance, an employee could face termination after rebuffing advances. This often occurs when an individual in a managerial role makes sexual advances toward someone in a lower position.
In a second scenario, an employee could be terminated after submitting a report of harassment. The company attempts to minimize the harassment by terminating the employee who is raising the alarm. Employees have a right to work in a harassment-free environment. Should they experience harassment from a fellow employee, they should feel safe in their position to report such treatment.
5. Reported Illegal Activities
There are laws in place to protect employees when they report misconduct or illegal activities. This is to encourage employees to say something when they see wrongdoing. A company cannot legally dismiss an employee because that employee came forward with a report of fraudulent, unethical, or illegal behavior. This would be retaliation through wrongful termination. This protection extends beyond the employee’s reporting. It also protects an employee participating in the investigation, lawsuit, or hearings about the reported inappropriate activity. If they are let go shortly after making a report of this nature, there is a possibility that the two events are related. Speaking with an employment retaliation lawyer can help employees understand their rights and possible wrongful termination case.
6. Performing Military or Civic Duty
As American citizens, we are sometimes called upon to perform obligations for the government. This could be responding to a letter calling them to jury duty or voting as a civilian. It could also be reporting to duty as a military service member. An employer cannot fire them for performing these government-called duties.
7. Asserted Employee Rights
Employees should be able to assert and exercise their rights without fear of termination. For example, an employer can’t fire an employee for enforcing their right to payment of wages earned or workplace safety. Should they get injured while working, their employer can’t fire them for reporting a workers’ compensation claim.
8. Contract Violation
The majority of workers are at-will. This means there is no specific contract outlining the terms of their employment. However, some employees have a contract outlining the specific terms of the working relationship between the employee and employer. If an employee has this type of contract, getting fired before contract completion could violate the agreement. They could be entitled to compensation depending on the terms of their employment contract.
Even if an employee is at-will, the company may have an agreement or policy protecting employees. If the employer fired an employee in direct violation of its own policy, this could signify wrongful termination.
Talk With a Lawyer About Your Dismissal
Getting dismissed from your company is never an enjoyable experience. It can feel stressful as you sort out your current situation and seek gainful employment. However, your firing may not be so straightforward. Wrongful termination can be subtle, requiring more in-depth analysis. Consider speaking with a wrongful termination lawyer if you suspect you are a victim of wrongful termination.
Schedule a consultation with one of our wrongful termination attorneys to discuss the circumstances surrounding your dismissal.
