You have a right to work in an environment free of discrimination based on your race, religion, national origin, sex (including pregnancy, gender identity and sexual orientation), age, and disability. You may also join an employee association to receive advice and support on workplace issues.
Best practice employers have clear and fair dispute resolution processes in place. These prevent workplace issues from escalating and help minimise costs to the company.
Unfair Dismissal
If your employer fired you without fair reason, it may have broken employment law. For example, you might have been fired in retaliation for reporting illegal behavior to HR or your boss. Or you might have been dismissed for a serious breach of your contract (for example, refusing to work overtime) or misconduct, such as theft or fraud. In unfair dismissal cases, you might have a claim for wrongful termination and be entitled to compensation for lost wages.
If you think your employer has acted unfairly, you can take your case to an employment tribunal. These are specialist courts that deal exclusively with employment law cases. The tribunal will evaluate whether your employer acted fairly by considering what is called the ‘range of reasonable responses’. It will also consider the circumstances of your particular case, such as the size and administrative resources of the company and the severity of the behaviour alleged to justify dismissal.
Your employer should also follow a proper grievance and disciplinary procedure, as described in our article on grievance and disciplinary procedures. This will involve a full investigation and give the accused employee an opportunity to defend themselves. This will help them prove that they were dismissed for a genuine reason, and not simply because you contested the decision or raised a grievance.
If your case is successful, the WRC or Labour Court will decide whether to reinstate you or re-engage you with the company. If they reinstate you, you will be entitled to back pay for any losses incurred between the date of your dismissal and the hearing, plus compensation for future loss of earnings (based on how long it’s expected to take you to find new work). If they re-engage you, they will need to do so within a certain timeframe and offer the same terms and conditions as were in place at the time of your original dismissal.
Discrimination
Workplace discrimination refers to a pattern of unfair treatment by an employer or coworker based on one or more protected classes. Workers can file discrimination claims against their employers under federal and state employment laws and regulations, as well as local and city ordinances.
Protected classes include race, ancestry, color, religion, sex (including pregnancy and gender identity), national origin, age, marital and parental status, disability and genetic information. Disputes that involve workplace discrimination can be complicated, as it is often difficult to determine whether an action was motivated by a protected class. Discrimination can also occur in indirect ways, such as when a working condition or rule disadvantages one group of people more than another. For example, an employer may be able to justify requiring applicants for a job to be clean shaven if the position involves handling food and it can be shown that having a beard or moustache puts them at a hygiene risk.
When an employee files a discrimination claim, they must prove that the adverse action was motivated by their protected class and that the employer’s stated reason for the adverse action is false or did not play a role in the decision. They can recover back pay, front pay, emotional distress damages and punitive damages from their employer.
It is important for workers to understand their job rights and how to handle a dispute when their employer violates them. An experienced attorney can help them understand their options, including filing a lawsuit against the employer. Workers who win employment law disputes can receive compensation, such as back pay and lost wages, front pay, lost benefits, reinstatement or emotional distress damages.
Harassment
Harassment is unwanted, offensive and intrusive behaviour that makes an employee extremely uncomfortable. It can be based on gender, race, sexual orientation or religion and it is usually a pattern of behaviour rather than a single incident. EEOC guidelines suggest that companies prevent harassment by communicating policies against it, having an effective complaint procedure and taking prompt, effective action when complaints are made. It is also essential for managers and supervisors to be aware of the different types of harassment in order to take steps to prevent it.
Verbal harassment is one of the most common forms of workplace bullying. This can include yelling, cursing and inappropriate jokes that have a sexual, racial or physical component. It can also be covert and psychological in nature, such as withholding information or gaslighting. The goal is to mentally break down the victim and erode their self-esteem, Chancey says.
In addition to taking steps to prevent harassment, employers should be alert to signs of retaliation. If a co-worker experiences changes in their work assignments, co-workers or supervisors, they may be the victim of retaliation after reporting discrimination. In this case, the victim should document all actions and be prepared to provide them when filing a complaint.
It’s important to keep in mind that resolving harassment problems is a delicate and sensitive process for everyone involved. Workers who are the victims of harassment are under a great deal of emotional stress and may require medical care or counseling. Employees should be encouraged to approach the harasser directly if possible to try and resolve the issue informally. If they are unsuccessful in resolving the problem with the harasser, they should seek out HR or a neutral mediator for assistance.
Unpaid Wages
When employees are not paid for the work they have done, this is known as wage theft. Examples include when an employer fails to pay minimum wage, does not provide a mandatory lunch break and fails to compensate an employee for overtime hours.
Wage-and-hour disputes can be complex. If you are engaged in a dispute with your employer, an employment lawyer can help you understand your rights and options. They can also help you present your concerns in a clear and logical manner, which can increase the chances of a successful resolution. They can also tell you about any laws or company policies that may apply to your situation.
To file a wage-and-hour claim, you need to gather as much evidence as possible. This can include pay stubs, time records and emails or texts from your employer regarding your work hours. You should also locate any fellow workers or witnesses who can corroborate your claims. In addition, a Dallas employment lawyer can assist you in determining the total amount of unpaid wages you are owed.
Once your attorney has all the evidence of the unpaid wages you are owed, they can send your employer a pre-suit demand letter. This can help to compel the employer to respond and stop the statute of limitations from running out. If the claim cannot be resolved through negotiation, your lawyer can file a complaint in federal court to recover your unpaid wages.
If your claim is successful, you will be entitled to receive the unpaid wages and interest. In some cases, you can also be awarded liquidated damages. These are amounts set by law to cover the costs of litigation.
Contract Violations
Contracts are legally binding agreements between employers and employees and outline the responsibilities of each party. When an employer violates one of these contracts, they are breaking the law and could be subject to legal action. Examples of contract violations may include refusing to pay wages that are stated in the employment agreement or denying an employee benefits that are mentioned in the contract.
If you feel that your employer is in breach of their contract, it is important to document the situation as well as any evidence that supports your claim. You should also try to resolve the issue through non-legal channels first. For example, you may want to approach the human resources department of your company and explain the situation to them. Depending on the nature of the problem, they might be able to fix it without having to take the matter further. If they are not able to do so or deny that there is a problem, you will need to work with a workplace lawyer to file a lawsuit.
When a contract is broken, the wronged party may be entitled to monetary reparations. These damages can include compensation for the difference between what is owed and what was actually paid, as well as other related costs such as any lost opportunities or expenses. However, the amount of damages varies depending on the type of breach and the terms in question in the contract.
The most common types of employment contract breaches are material and non-material breaches. A material breach is considered to be a serious violation that impacts the essential aspects of the agreement and can cause significant financial damage. A non-material breach, on the other hand, may only affect a minor part of the contract and has little impact on the overall value of the contract.
