lawyer for when emplyer violates your rights

If you believe your rights have been violated in the workplace, contact one of our experienced Philadelphia employment discrimination lawyers at Sidney L. Gold & Associates, P.C. today. We will determine the best course of action and assist in collecting evidence and building a case.

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Are your employment rights being violated?

May 02, 2018 · Understanding employer rights can sometimes be challenging. You may wish to hire a workplace lawyer if you need help interpreting the employment laws in your area, or if you need to file a claim. Your attorney will be able to assist you and answer any questions you might have regarding employer rights.

Do I need to hire a lawyer for employer rights?

If you believe your rights have been violated in the workplace, contact one of our experienced Philadelphia employment discrimination lawyers at Sidney L. Gold & Associates, P.C. today. We will determine the best course of action and assist in collecting evidence and building a case.

Do I have a case if my rights are being violated?

Sep 21, 2019 · If you believe your FMLA rights are being violated, call an employment lawyer. You have to act fast in these cases, as there are frequently stringent statutes of limitations involved. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today.

Why do employment law disputes arise?

Oct 09, 2019 · They will evaluate all details of your case to show how your civil rights were violated and apply the law effectively to help you obtain the justice you deserve. Whether you were harmed by a local, state, or U.S. government official, our civil rights attorneys are here to fight for justice on your behalf. Contact The Spence Law Firm at (844) 447-5497 today to tell us about …

What is considered unfair treatment in the workplace?

Employers cannot harass employees or create hostile work environments. Examples of unfair treatment at work include, but are not limited to: Hiring younger employees by firing the older employees within the company. Spread gossip and rumors about an employee, regardless of whether the rumors are true or false.Jul 12, 2021

Can you sue a company for employee misconduct?

You cannot sue your employer or a co-worker for an on-the-job injury that was caused by their negligence – you can only file a claim for workers' compensation benefits. However, if a third party – somebody other than your employer or a co-worker – was at fault, you can sue them.

Can I sue my employer for emotional distress?

You can sue your employer for the emotional distress that they have caused. In many cases, if you have reported this to your boss and no action was taken, the courts will side with you since the employer took no course of action. You can sue for damages that this emotional distress has caused.

Which circumstances the worker Cannot sue the employer?

If you are eligible for workers' compensation, then you typically are not eligible to sue your employer. The benefit of being eligible for workers' compensation is that benefits are awarded on a “no fault” basis—while you need to be able to prove fault in order to file a lawsuit.

What is wage and hour dispute?

Wage and hour disputes are among the most common issues between employers and employees. Modern labor laws help protect employees against uncompensated work hours, unfair wages, and various other matters. However, even with these laws, wage and hour disputes, such as the following, regularly arise.

Can an employer report unsafe work environment?

Workplace safety is essential, and no employer should subject employees to an unsafe work environment. Employees may report workplace safety issues to the Occupational Safety & Health Administration (OSHA) through its official complaint process, which begins with an investigation into the matter by an OSHA agent. In the event the agent finds the complaint valid, the employer will likely face fines, penalties, and mandates to correct the issue.

What to do if you believe your FMLA rights are being violated?

If you believe your FMLA rights are being violated, call an employment lawyer. You have to act fast in these cases, as there are frequently stringent statutes of limitations involved. Call us at 267-273-1054 or email us at murphy@phillyemploymentlawyer.com for a free, confidential consultation today.

What happens when you leave your job?

When you’re done with leave, your employer is required to return you to your previous job, or an equivalent job. Everything—including your job duties, location, benefits, and pay—should be the same or equivalent. If that’s not the case when you return, your employer may be violating your rights.

What happens if your employer doesn't give you FMLA?

3. Your Employer Denies or Delays Your Leave.

How much notice do you have to give to leave a job?

For instance, if your reason for leaving is something foreseeable, the law stipulates that you have to give 30 days’ notice unless that’s unworkable. However, there are two ways employers break this rule. The first is by requiring you to give more notice than the law allows—like 60 days.

Can an employer honor FMLA?

However, employers don’t always honor their obligations under the FMLA. Cases of retaliation are, unfortunately, not as rare as they should be, and many employees find their employers making it difficult or impossible for them to take the leave they’re entitled to—or return to work once they’ve taken leave.

What is a civil rights attorney?

The civil rights attorney you choose as your legal advocate will be knowledgeable in this type of law. They will evaluate all details of your case to show how your civil rights were violated and apply the law effectively to help you obtain the justice you deserve.

What are some examples of civil rights violations?

Some examples of civil rights violations include: Unreasonable searches and seizures. Cruel and unusual punishment. Losing a job or being passed over for a promotion due to discrimination. Abuse by a public official. Any discrimination based on a superficial quality or belief.

How long does it take to file a civil rights complaint?

This must be done within 180 days of ...

Why do some government officials abuse their power?

Unfortunately, some large companies or government officials abuse their power because they believe they are immune to the law. If your own civil rights were violated, you should know how to go about seeking justice and compensation for what you have been put through.

What is the right to petition the government?

The right to petition the government. The right to procedural due process. Freedom from discrimination for protected classes (sex, race, and national origin) Unfortunately, some people are mistreated based on characteristics such as race, gender, religion, or disability.

1. Inform yourself

If you think the law has been disobeyed, your first step is to find out if the incident in question is illegal. From the start, it is important to note that there are two types of violations. Depending on which bucket your situation falls into, the procedure timeline will vary. The two types of violations are:

2. Make it official

The next step is to formally report the issue to your employer in writing. Explain your case as well as you can. Citing specific articles in the law will only further cement your case. Make sure your letter is signed and dated.

3. Get court protection

If the employer fails to respond or resolve the issue after the 8 or 15-day period, then the next step is to get protection from the municipal court (called “ Opčinski Sud”). Once you file with the court, you’ll be automatically protected from retribution or being fired by your employer.

4. Report the employer

Let’s say you’ve done all the steps in the time frames dictated by the law and the employer STILL has not fixed the problem. Time to report to them.

Summary of deadlines

We’ve thrown a lot of deadlines at you above, so here is a summary so it’s super clear of the timeline for each type of case.

Where do we go from here?

In researching this post and this other post on worker’s rights, I was flabbergasted. Over the last 8 years living in Split, I have heard endless stories of Croatian and foreign employers taking advantage of their Croatian and foreign workers. It was not until putting together these posts, that I realized how rampant the problem really is.

What happens when an employee's rights are violated?

When an employee’s rights are interfered with or violated, the employee may have a case under law. Sometimes you may not even be aware that your rights are being violated. Speak with a lawyer to determine whether or not you have a case. Chat with an employment attorney: (412) 626-5626 or lawyer@lawkm.com.

What are the rights of an employee?

Quick Rights of Employment 1 Safe work environment 2 Employee privacy 3 Discrimination-free environment 4 Fair wages and overtime pay 5 Harassment-free workplace 6 Work leave to care for a family member 7 Leave after new baby or adoption

How many hours does Lyla work overtime?

By the end of the week, Lyla has technically worked 2.5 hours overtime.

What is an unpaid commission?

Unpaid Commission or Bonus. When you join a company, who promises a certain pay alongside a commission payment or bonus, your employer is obligated by law to follow through on those promises. While the Fair Labor Standards Act (FLSA) doesn’t regulate bonuses or commissions, the FLSA does require that an employer follows through on their promises. ...

What happens if an employee doesn't use up vacation time?

Basically, if an employee doesn’t use up his or her vacation time by the end of the year, then the vacation time is lost. This policy is actually illegal in some states, such as California, Nebraska, and Montana. The key here is that employers must be consistent in upholding their policy.

Why is it important to classify an independent contractor?

While an independent contractor has the flexibility and authority to make their own business decisions, they don’t receive the same employee rights of tax and wage laws. Therefore, it’s important that independent contractors be classified appropriately.

What happens if you don't know your rights?

When you don’t know your rights, you could be vulnerable to inappropriate and illegal employer activity. You need to understand your employment rights.

Why is it bad to prohibit salary discussions?

That's because there is no way for employees to gauge wage equality with co-workers if they can't discuss their compensation.

Why is it illegal to talk about your employer on social media?

That's because trying to curtail worker communications can be seen as an illegal attempt to prevent them from unionizing or organizing.

What is the obligation of an employer to ensure its workplace is a safe environment?

An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. Some states also require companies to provide sexual harassment training to workers or supervisors.

What are the eight categories of discrimination?

The EEOC prohibits discrimination against workers on the basis of eight broad categories: race, color, religion, sex, national origin, age, disability and genetic information. That means none of these factors, known as protected classes, should be used when making employment decisions, such as hiring, setting compensation and awarding promotions.

What is the National Labor Relations Act?

The National Labor Relations Act and a variety of statutes overseen by the U.S. Equal Employment Opportunity Commission protect employees from hostile work environments, discrimination and unfair labor practices. There are also state and local regulations that employers must follow.

Do all workplace laws apply to every business?

Not all workplace laws apply to every business and employee. For instance, some small businesses may be exempt from certain requirements, and managers may not have all the same wage protections as hourly workers. What's more, state laws can vary.

Can you work off the clock for Nonexempt?

Nonexempt employees who are covered by the Fair Labor Standards Act can't be asked to do work off the clock. For instance, workers can't be required to do prep work or clean up outside their paid shifts.

Where to file a HIPAA complaint?

An attorney can help you submit your HIPAA complaint form to the OCR or your state attorney general's office (if your state has the authority to pursue HIPAA cases). Individuals can also be brought before their professional board if you choose to complain to the Board of Medicine or Board of Nursing.

What is a medical malpractice lawsuit?

Suing an insurance company for privacy violations. Bringing a medical malpractice lawsuit if the situation affected your healthcare. While many of these actions are because of a HIPAA violation, the actual legal action involves a different part of federal or state law.

How long does it take to file a HIPAA complaint?

You need to name the person or hospital who violated HIPAA and give their accurate contact information for the complaint to be valid. You have 180 days to submit the claim from the day the situation occurs. If the HIPAA violation includes a criminal offense, you should bring the case to the Department of Justice (DOJ).

What happens if HIPAA is not followed?

If the HIPAA regulations are not followed precisely, there could be an invasion of federal privacy laws, or your personal information could harm your life. Let's say your doctor's office sends too much information to your insurance company, and your insurance claims you have a pre-existing condition they won't cover.

What happens if you disclose your health information without your consent?

If this information is disclosed without your consent, or against the rules set for HIPAA, you may have a HIPAA violation on your hands.

What are the rules of HIPAA?

The Health Insurance Portability and Accountability Act of 1996, also know as HIPAA, is a set of regulations that fall into these major categories: 1 Privacy rule 2 Security rule 3 Transactions and Code Sets (TCS) rule 4 Unique identifier rule 5 Breach notification rule 6 Omnibus Final Rule 7 HITECH Act

Can you file a lawsuit against a medical provider?

You could bring a lawsuit and ask for money if there was a "harmful" violation of your medical history or medical privacy. You can also bring a complaint with the Department of Health and Human Services to hold the providers accountable.

Wages & Hours

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