I am not revealing any great secret by stating that ourcountry is in the middle of tremendously difficult economic times. The smallest
businesses to the largest corporations are forced to lay off employees or close
their doors altogether. It is likely that every person who is reading this
article knows someone who has lost his job, or maybe even is facing this
terrifying reality personally.
In most instances, I am certain that the employers aretaking every step possible before affecting their workforce and are careful in
their decisions when employee cuts have to be made.
Are you facing discrimination at your workplace? It can be achallenging and distressing experience to deal with. However, you don't have to
face it alone.
A work discrimination lawyer can helpyou understand your rights and legal options. In this article, we'll explore
what work discrimination is and how a lawyer can assist you in protecting your
rights.
Whether its discrimination based on race, gender, age,disability, or any other factor, a skilled work discrimination lawyer can help
you navigate the legal system and get the justice you deserve.
So if you've experienced workplace discrimination, don't hesitateto seek the help of a knowledgeable attorney.
Do you want to know if you may be facing workplacediscrimination? A work discrimination lawyer can help. They can investigate
your case and help you recover damages.
However, there are some unfortunate instances in whichbosses make personnel choices that are unfairly based on prejudice, illegal
cost-cutting efforts, or pure retaliation. If you believe that you have been a
victim of discrimination at your work, or have even been wrongly terminated from
your position, it is important that you contact an employment law attorney
immediately.
You need to know that the laws of Texas are not set up in away that favors employees. Our state operates under the concept of "at
will" employment, which essentially means that you work at the pleasure of
your boss and he or she can fire you at any time. There does not need to be any
reason given for your termination.
However, you are protected by both Chapter 21 of the TexasLabor Code and Title VII of the Civil Rights Act of 1964, which spell out
certain instances that constitute employee discrimination. According to the
law, you cannot face adverse effects to your employment status for any of the
following reasons:
- Your race, color, national origin, religion, sex, or age(with certain exceptions)
- Disabilities that are covered under the Americans withDisabilities Act
- Requesting unpaid leave as warranted by the Family andMedical Leave Act (FMLA)
- Reporting acts of fraud or environmental or safetyviolations at your place of employment
- Your contract explicitly states only certain reasons thatyou can be fired
- Refusing to commit an illegal act on behalf of youremployer
Claims of employment discrimination have increased both inTexas and nationally over the past several years, likely due in part to the
faltering economy. The Equal Employment Opportunity Commission (EEOC) in Texas
investigated approximately 13,000 more complaints filed in 2008 than they did
in 2007, with a total of 95,402 charges being issued against employers last
year.
There are several possible reasons for which the economy maybe a factor in these numbers. When forced to downsize, an employer may make
decisions based on bias. Also, someone who has been fired and knows that the
possibility of finding another job quickly is not good will more closely
examine the reasons for his termination.
Law Offices of Howley, P.C.
Lawyers from the Howley Law firm Office havedefended clients in whistleblower cases, sizable class actions, and individual
employment issues. Their noteworthy instances comprise:
A labor arbitration decision that granted New York Citypolice officers bigger salaries than firefighters for the first time in 100
years; a $80 million victory for middle managers in a race discrimination class
action;
A $3.2 million victory for nurses about underpayments ofprevailing wages;
A victory for wait staff and busboys for unpaid overtime andtips worth $2.4 million;
A live-in nanny received a $1 million settlement in a sexualharassment complaint.
They have a strong commitment to assisting those seekingjustice and reparation. They were committed to providing you with the best
service possible, whether they were defending a single client or a class of
hundreds.
Finally, if a person has been dealing with unemployment foran extended period of time, he may get frustrated and think back on how his
former employer may have wronged him.
All of these factors, as well as the unfair discriminationthat has always occurred in the workplace to some extent, are affecting the
need for, and the approach of, employment law attorneys.
If you believe the discrimination you faced fits into one ofthe protected areas, what steps must be taken in moving forward with a
complaint? As I mentioned before, your first action should be to contact an
attorney to partner with you through the process.
Right Questions toExperienced Lawyer
An experienced lawyer will be able to ask you the rightquestions to determine the strength of your case, find witness who will
corroborate your story, and assist you should the case reach mediation or even
the courtroom.
Once you have secured legal representation, you will want tofile an official complaint with the Equal Employment Opportunity Commission
(EEOC) and/or the Texas Workforce Commission Civil Rights Division.
You will need to be prepared with as many details about yourallegations as possible, including the reasons that your employer gave for his
actions, the reasons that you believe that actions constitute discrimination,
other employees who either can be a witness to the inappropriate behavior or
who were clearly treated differently under similar conditions, and the specific
dates on which the incident(s) occurred.
If you were passed over for a promotion, why do you thinkyou were more qualified than the person who received the job? If you received a
poor performance evaluation, how can you prove that you were doing an effective
job? The more substantive and detailed information that you can offer, the
stronger your case will appear.
You then will be assigned an investigator who will gather asmuch information as possible from both you and your employer, and may attempt
an initial effort at mediation to resolve the issue as quickly and as
effectively as possible.
Is Meditation a ViableOption?
If mediation is not a viable option of proves unsuccessful, theinvestigation will continue until one of three conclusions is reached and
presented to you in the form of a "right to sue" letter ; there is
cause for your complaint, there is no cause for your complaint, or there is
insufficient evidence to determine either way.
In any instance, you retain the right to sue your employerin state or federal court for at least ninety days after a decision is reached
by the investigator.
The letter you receive is simply meant to support or refuteyour claim of a viable case. If you do have an attorney working for you, he or
she will be able to help you make the best decision concerning the future of
your case.
Being treated unfairly at work or being laid off from aposition you may have held for many years is always a difficult situation with
which to cope. However, if you know that the reasons for the actions taken
against you are based in discrimination, the situation quickly becomes much
more personal and painful.
While Texas is not a state that favors the employees in mostsituations, there are certain, well-defined reasons for which you cannot face
bias from your employer.
You need to know your rights and the most effective ways toassert these rights as you travel through the administrative and legal process
of filing a complaint. Do not take this journey alone.
You deserve the right to support your family, move forwardin your career, and maintain a solid professional reputation without the ugly
threat of discrimination hovering over you. Take that first step today. For
further information click here
