Do I Have A Case?
After being fired, demoted, denied a job or promotion, or harassed at work, many people wonder: Do I have an employment law case?
The only way to know for sure if your legal rights have been violated is to speak with an experienced employment law attorney like Lawrence N. Lavigne. However, below is some guidance that may help you identify whether your employer acted illegally.
One of the biggest misconceptions people have is that if they are an at-will employee – meaning they don’t have an employment contract – they can be fired for any reason. This is simply not true. If you were fired for an illegal reason, you have a case.
You Suffered An Adverse Employment Action
To have an employment law claim, you must first have suffered some type of negative action at work. This isn’t limited to being fired, although that certainly is an adverse action. An adverse action can also include things like:
- Having your overtime taken away
- Being moved to a less desirable team or territory or being given a less desirable route
- Not being promoted
- Being demoted
- Being harassed or made fun of by management or other employees
- Being denied time to pray at work
- Being denied accommodations for your disability or pregnancy
You Are A Member Of A Protected Class
Federal and state laws protect people who are members of certain protected classes or who have been perceived to be members of a protected class by their employers. A protected class can be determined by an individual’s:
- National origin
- Age (persons over 40 years old)
- Sexual orientation
- Marital status
- Veteran status
You Reported Or Complained About Illegal Behavior
Were you sexually harassed at work and told your boss and either nothing was done or you were treated adversely for it? Did you see a legal violation or fraudulent behavior or activity at work, report it and now have been fired or are being treated poorly? If so, you may have a retaliation claim.
Find Out If You Have A Case
The only way to know if you have an employment case is to speak with a lawyer. To discuss your situation in detail, contact our firm. Call 908-349-1066 to schedule a free consultation. Our office is in Union, New Jersey. Se habla español.