Employment law can be complicated, especially when you add in the details of your own case and your employer’s story. When you’re not sure what to do or where to turn, it’s best to hire an employment law attorney who has experience with these ten basic employment law claims.
It is very important for an employee to know the basic employment law claims of employment law. from sexual harassment to wrongful termination, it’s important to know how the basic employment law claims work, what your rights are, and how an employment law attorney can help you fight back.
Here are ten basic employment law claims you need to know about as an employee.
Claim #1 – Discrimination
Suppose you are being discriminated against at work. In that case, you can either file a formal complaint with an administrative agency such as Equal Employment Opportunity Commission (EEOC) or bring a civil suit against your employer in court.
You will need to show that you were singing out for negative treatment based on legally protected factors like race, gender, and disability. You should consult an employment law attorney before taking action to ensure that your rights are fully protected.
Claim #2 – Retaliation
Retaliation occurs when an employer takes adverse action against an employee in response to that employee’s refusal to participate in unlawful discrimination or retaliation.
The U.S. Equal Employment Opportunity Commission (EEOC) states that employers are prohibit from taking adverse action against employees. Employees who have opposed practices made illegal by Title VII of the Civil Rights Act of 1964. It includes race, gender, disability, and age discrimination. These rights apply not only during employment but also after employment.
Claim #3 – Harassment
Harassment can occur in several ways. Employers may not discriminate against job applicants or employees on the basis of their race, age, religion, gender or disability, to name a few.
Claim #4 – Wrongful Termination
Wrongful termination occurs when an employee is terminated by his or her employer in violation of one of his or her legal rights.
An example of wrongful termination would be if you were fired because you refused to do something illegal, like lie on behalf of your employer.
If you believe you’ve been wrongfully terminated, then it’s best to consult with an employment law attorney.
Claim #5 – Whistleblower Violations
Federal employees have long enjoyed protection against retaliation if they report fraud, waste or abuse in government programs.
Because of these protections, workers are more likely to come forward with information about an illegal activity without fearing that it will negatively impact their careers.
However, if you do come forward and an employer retaliates against you for doing so, you might be able to bring a whistleblower claim under several different federal laws.
Claim #6 – Employee Polygraph Protection Act Violations
The Employee Polygraph Protection Act (EPPA) protects all employees from being forced to take a lie detector test by their employer.
The EPPA was passed in 1988 and applies not only to private employers but also to government agencies.
Claim #7 – Negligent Hiring & Supervision
To prove a negligent hiring claim, a plaintiff must show that (1) an employer should have known about a worker’s dangerous propensities and (2) an employee who was hire despite such knowledge caused an injury or loss.
Negligent supervision claims are similar to negligent hiring. They allege that an employer should have reasonably foreseen that supervising its workers in a certain way posed risks to others.
Claim #8 – Constructive Discharge/Wrongful Termination in Violation of Public Policy
The final claim we will discuss is constructive discharge, sometimes referred to as wrongful termination in violation of public policy.
Constructive discharge occurs when an employer makes an employee’s working conditions so intolerable that a reasonable person would be force to resign.
What constitutes intolerable working conditions varies from state to state but basically covers any situation where you feel compelled to leave your job because your boss or company is acting irrationally.
Examples might include physical threats, sexual harassment, discrimination based on race or sexual orientation, failure to pay overtime wages, and more.
If you quit your job under these circumstances, you may have grounds for a wrongful termination lawsuit against your former employer for compensation related to lost wages and emotional distress.
Claim #9 – Wage & Hour Issues
Under federal law, covered employers must pay non-exempt employees at least $7.25 per hour for all hours worked and time-and-one-half for any hours worked over 40 in a given workweek.
Many states also have their wage and hour laws; by default, California’s more expansive overtime and minimum wage laws apply to most California employers.
Claim #10 – Family Medical Leave Act Violations
When you hire employees, you may not discriminate against them on account of their familial status.
The Family Medical Leave Act (FMLA) is a federal law that protects eligible employees from discrimination if they choose to take time off for qualifying medical reasons—such as a severe health condition or caregiving responsibilities.
Hope this article helps understand the ten basic employment law claims for employees to protect their rights at the workplace.