About Jewel Caraway

Workplace issues are governed by a lot of regulations. While America is fundamentally an at-will employment nation, that doesn't exempt businesses from allegations of wrongdoing or mistreatment.

Let's examine some of the circumstances where an employee might need to speak with a lawyer.

Termination

If you believe your employment was terminated unjustly, you'll definitely want to schedule a consultation with an employment attorney. This is not limited to things like workplace discrimination.

For example, many employers and employees enter into work contracts. There are often requirements for what steps have to be taken before someone can be fired. A person may need to be formally written up X number of times, and then they may have to be coached. Only once those steps have failed and the employer has documented a good-faith effort to conform to the contract may they then dismiss the worker.

These kinds of cases tend to hinge on documentation. If the employer has taken the appropriate steps, you might still have an argument if you can show through emails, texts, recordings and other communications how someone might have been determined to unjustly fire you.

Passed Over for Promotion

People who've done good work and put in their time deserve fair consideration for promotions. If you believe you've been passed over for any of a variety of reasons, then you might have a case. For example, some companies keep people in lower jobs because they don't want to go to the bother of finding a skilled replacement. Favoritism is also a common issue, as is discrimination.

Similar to other aspects of employment law, documentation is key. An employment attorney might seek discovery of company records to show that similarly positioned employees were given promotions. Records of communications, again, are helpful in discerning why decisions were made.

Arbitration

Resolving disputes, especially over things like compensation, raises, paid leave and vacation time, may require an arbitration process. Both sides might submit to arbitration to resolve the matter, and an employment attorney can be an invaluable resource during this process.

Entering into Employment

As previously mentioned, employment contracts are useful tools for protecting workers' rights. You may not be clear when entering into one, though, what exactly the terms mean. It's wise to have an employment attorney examine the contract and explain whether you will be in an advantageous position. You can then make a counteroffer of a contract with some refinements.

If you find yourself in any of these situations, contact an employment attorney to help you in court.