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Can They Do That? Know Your Rights as an Employee.

Can They Do That? New Haven Employment Discrimination Attorney

Protecting the Rights of Workers in New Haven

Can I be fired after filing a workers' compensation claim?

The number of cases in which an employee files a claim for a job related injury and is shortly thereafter dismissed is surprising. Under the law, an employee cannot be fired because of filing a claim - but it happens. Employers are usually careful to make it appear that there are other reasons, but when they have an employee who has filed a claim and raised their insurance premiums, they often move to get rid of that employee. One of the significant indicators is your employer finding fault with your performance after you file or when you return that was not an issue before. Having been terminated shortly after filing or returning to work also raises red flags. If you are in this position, you should immediately contact a New Haven employment discrimination attorney from Axelrod & Associates to evaluate your situation and advise you how to address the issue legally.

What is workplace harassment?

Workplace harassment is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law. This includes an individual's race, gender, ethnic or national origin, age, religion, disability, marital status, or other characteristic protected by law. Conduct is unwelcome if the employee did not solicit, instigate or provoke it, and the employee regarded the conduct as undesirable.

How do I know if offensive conduct or harassing behavior has created a hostile work environment?

Harassment is viewed in its totality. Mere discourtesy, rudeness or lack of civility should not be confused with harassment. The harassing behavior must be sufficiently pervasive or severe so as to alter the conditions of employment and create an abusive working environment. The more severe the conduct the less pervasive it needs to be. The required showing of severity varies inversely with the frequency of the conduct. A single incident, simple teasing, an off-hand comment or remark generally will not be sufficient to create a hostile work environment. A hostile work environment generally requires a showing of a pattern or practice of offensive conduct. However, a single severe incident of harassment can rise to the level of a violation of law, particularly when the harassment is physical or quid pro quo. If you believe that you are the subject of a hostile work environment contact a New Haven employment discrimination attorney from Axelrod & Associates to determine if the noxious behavior rises to the level of a hostile work environment under the law.

What is a wrongful termination?

If you have been laid off, the victim of a restructure or fired recently and believe that you have lost your job for an unlawful reason, you may have a right to bring a claim forwrongful termination. Potential legal remedies may include money damages, a return to work, and negotiation for an appropriate severance package. The term "wrongful termination" is broad but generally means that an employee has been fired or laid off from work for illegal reasons as determined by law. Illegal reasons include firing in violation of federal and state anti-discrimination laws; firing as a form of sexual harassment; firing in violation of oral or written employment agreements; firing in violation labor laws; firing in retaliation for the employee having filed a complaint against an employer or firing because an employee has complained to the employer about a workplace situation that violates a public policy. This is a complex area and quite often the real reason is disguised by the employer. If you believe that you are the victim of wrongful termination you should immediately contact a New Haven employment discrimination attorney from Axelrod & Associates who are experienced in determining the real underlying reason for your termination as opposed to the reason given to you by your employer.

How do I file a complaint if I am being treated unfairly at work?

It is important that you follow the procedure set forth in your employee handbook if your employer has one. Many employee handbooks are now kept on line. In the event your supervisor is the harasser generally you may go around him or her to higher level management or to the human resources, designee or department. Be sure that you document the situation as well as the person(s) to whom you take your complaint. Usually complaining to a colleague will not be sufficient. Take your complaint to the HR department of your employer or a person in the company at a sufficiently senior management level who will document your complaint. As a matter of general employment discrimination law an employer who is unaware of the discrimination is not held liable. Always try to document the unfair treatment as specifically as possible as soon after it happens. Deciding not to bring your complaint forward because you are afraid of losing your job will usually will not be a sufficient reason. We recommend. Keeping a journal, indicating each incident, the date and time and any witnesses present, as well as any text messages, emails, or other forms of documentation to support your position. Include the date, time and conversation with your superior, the member of management or human resources.

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