Why Do You Need an Employment Lawyer After Experiencing Discrimination at a Job?
There are many ways in which employment discrimination occurs, which is why it’s important to understand your rights. There’s a lot to consider before submitting a claim of employment discrimination because the process is quite complicated and failing to move forward appropriately can negatively affect the outcome. An employment lawyer will understand the law and what can be expected based on your unique situation. There are many other reasons why you need an employment lawyer, which are detailed below.
Analyze the Case
If you were terminated and you believe it was for a discriminatory reason, there’s no doubt that you’ll want to take action. For starters, losing your income can be a devastating event, not to mention the potential issue of having a termination on your record that will be provided during employment verifications. Although there’s a limited amount of information that a former employer can provide about a person’s employment, the rules are not always followed. By contacting an employment attorney, they can assess your situation and provide you with guidance on the best way to move forward.
Obtain An Honest Opinion
You’ll want an honest opinion about whether or not you have a legitimate claim. There are some instances when an employer has made a employment decision that would not be considered illegal under the law and an attorney can unpack the details based on their knowledge of the law. An employment attorney has specialized knowledge that enables them to consider the nuances of your case and develop a sound strategy.
In order for an employer’s actions to be considered discriminatory, it must fall under a protected category, such as discriminating against someone that has a disability or because of their national origin. Another issue that happens a lot is that employers discriminate against a worker because of their age. It’s the reason why age is one of the protected classes. Other examples of protected classes include gender and race.
Sometimes there are situations that arise but are complex and difficult to classify. For instance, employers cannot discriminate against pregnant women and an employment lawyer can guide you through the process of addressing a claim if you were discriminated against because you are or were pregnant. This is sometimes complicated because there are other laws that protect pregnant women.
Differentiate Between Unfair and Illegal
Unfortunately, there are a lot of things that happen in life that are unfair, but aren’t necessarily illegal. As previously mentioned, you must be part of a protected classes for a situation to be considered discrimination. An employment lawyer can assess what has happened and determine if the unfair nature of the situation is considered illegal. There are many different adverse actions that happen during the course of employment that simply are not illegal. For instance, someone else might be promoted over you, even though you are more qualified. The employer might have a legitimate reason for making that decision. It might not have anything to do with discrimination, even though it seems unfair. It’s also worth noting that just because you’re in a protect class doesn’t mean you have a legitimate case.
Collect Information and Evidence
A great benefit of an employment lawyer is that they can collect evidence that can help to support your case. This might include documents about your performance on the job or information from witnesses that might have observed the situation and can provide insight.
Given the seriousness of workplace discrimination and how it can affect your life, it makes sense to work with an employment lawyer to secure the best possible outcome.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic