Discriminatory Hiring Practices

Reluctance or refusal to hire a potential employee based on their race, color, religion, political beliefs, national origin, physical appearance, age, gender, sexual orientation, gender identity, or if they are pregnant, disabled, or suffering from another health issue.

Wage Discrimination

Paying an equally-qualified employee more or less based on their race, color, religion, political beliefs, national origin, physical appearance, age, gender, sexual orientation, gender identity, or if they are pregnant, disabled, or suffering from another health issue.

Unpaid Wages

• Not paying an employee for hours worked or an agreed-upon salary.
• Not paying at the overtime rate when employee has worked a shift of over eight hours.
• Paying a full-time employee less than the legal, minimum wage.
• Withholding an employee’s last paycheck after resignation or termination.
• Misclassification (e.g., labeling a worker as an “independent contractor” to avoid paying benefits).
• Denying meal or rest breaks where pay is required.
• Forcing an employee to perform off-the-clock work and not paying them for it.

Benefits Disputes

Not paying employee benefits that were promised, expected, or are legally required. Such benefits may include health insurance, pensions, retirement plans (e.g. 401(k)), paid time off (e.g. vacation time, sick leave), disability or life insurance, stock options or bonuses, maternity or paternity leave, or agreed-upon tuition reimbursement. It is also illegal to wrongfully terminate an employee for the purpose of not having to pay benefits.

Workplace Safety Violations

Employers are required, by law, to maintain a safe working environment for all employees. Unfortunately, some employers will skirt safety regulations to increase production, boost profits, or for other reasons. Such negligence often leads to serious injury or death for employees who are just trying to earn a living and provide for their families. Common workplace safety violations may involve:

• Unsafe or un-repaired machinery or equipment.
• Not providing proper protective gear (Personal Protective Equipment), such as helmets, safety glasses, hearing protection, etc.
• Inadequate training or supervision.
• Poor lighting, ventilation, or sanitation.
• Ignoring chemical or fire hazards.
• Failure to follow safety regulations like those set by OSHA (Occupational Safety and Health Administration).

Workers’ Compensation

Workers’ compensation is a type of insurance employers are required to carry. It provides benefits for employees who are injured or sickened by conditions in the workplace. It’s a no-fault system, meaning an employee doesn’t have to an employer was negligent to qualify for benefits. Workers’ Compensation benefits usually include:

• Medical expenses related to the injury.
• Recovery of part or all lost wages caused by the injury.
• Temporary or permanent disability benefits.
• Vocational rehabilitation.
• Death benefits for the employee’s family in fatal cases.

 While Workers’ Compensation is designed to protect injured employees, it isn’t always easy to get the deserved compensation. For this reason, it’s vital to have representation by an experienced Workers’ Compensation attorney.

 The seasoned legal team at Attain Law can help injured workers if:

• Their claim was denied for technical reasons, like incomplete paperwork, missed deadlines, or disputes about whether the injury was job-related. Our attorneys can appeal the denial and fight to get the employee just compensation.
• They’re not getting their full range of benefits, like wage replacement or long-term compensation for a permanent injury.
• The insurer is trying to minimize the payout amount. A skilled attorney can negotiate a fair settlement or take the case to court if necessary.
• If the employer is retaliating against the worker in some way. In some cases, an employer will try to fire, demote, or harass an employee for filing a claim.
• The worker has potential for additional compensation through a third-party claim. In many cases, an entity other than the employer may have contributed to the injury, such as a subcontractor or equipment manufacturer. An attorney can file a personal injury claim on their behalf, in addition to the Workers’ Compensation claim.
• An employee is having difficulty navigating the often-complex process. A Workers’ Compensation attorney specializes in this type of claim and knows the system inside and out.

Disability Rights

Disability rights are legal protections designed to ensure that individuals with physical, mental, intellectual, or sensory disabilities are treated equally in the workplace. If these rights are denied or violated, a Workers’ Compensation attorney can take legal action.

Hostile Work Environment

A work environment can qualify as “hostile” when an employer or fellow employees act in a manner that make it difficult or emotionally unsafe for a worker to due their job. Such actions often include some type of harassment or discrimination. Examples of actions that cause a hostile work environment include:

• Sexual Harassment

  Repeated sexual comments, jokes, or advances; or if an employee is retaliated against if they reject a superior’s advances.

• Racial Harassment

  Exposure to racial slurs, jokes, or offensive symbols.

• Bullying or Intimidation

  Any actions that target a worker based on their disability, gender, sexual orientation, religion, appearance, or background. This would include insults, mockery, and willful exclusion.

• Retaliation

  Actions against an employee for filing a complaint or speaking out about a condition or situation. This could include firing, demoting, denying work hours, or other types of harassment.

Wrongful Termination

When an employer illegally fires an employee in violation of federal, state, or contractual law, it constitutes wrongful termination. While most jobs are considered “at-will” (meaning an employer can fire a worker without giving a reason), an employer cannot fire a worker for an illegal reason.

Examples of wrongful termination would include firing based on race, gender, gender identity, sexual orientation, pregnancy, age, disability, religion, or nationality.

Other examples would include firing in retaliation for:

• Reporting harassment of discrimination
• Filing a Workers’ Compensation claim
• Whistleblowing on illegal activity
• Participating in a workplace investigation
• Participating in union activities
• Refusing to commit an illegal act
• Taking medical, family, or military leave that is protected under such laws as the Family and Medical Leave Act (FMLA) or the Uniformed Services Employment and Reemployment Rights Act (USERRA)

It is also considered wrongful termination when a worker is let go in violation of a written or implied employee contract promising job security or limiting reasons for termination.