You Have Questions About Employment Law, We Have Answers
If you face an employment law problem, you probably have a lot of questions. The law is incredibly complicated, and it is often written in obtuse legalese that makes it difficult to understand.
Fortunately, we are here to help. We are Holman Kent LLC, an employment law firm serving Iowa and Missouri. Elissa Holman, one of our founding attorneys, spent more than a decade working in the corporate world. As a result, she understands firsthand how corporations think and treat their employees.
To help you, we have compiled some of the questions that our clients frequently ask us about workplace legal issues.
Can My Employer Fire Me For Taking FMLA Leave?
Under the Family and Medical Leave Act (FMLA), employers must grant employees up to 12 weeks of unpaid leave to handle family or medical problems. It is against the law for an employer to penalize a worker for using FMLA. Firing is a common form of retaliation. If you believe that your employer fired you for taking time off under FMLA, you may have a case for wrongful termination.
What Should I Do If I Suffer Sexual Harassment At Work?
Since the #MeToo movement, more and more women and men are coming forward with their experience of workplace sexual harassment. If you are coping with sexual harassment at work, take the following steps:
- Clearly and firmly tell the perpetrator to stop. This step may seem self-explanatory, but it is important to let the offender know that their actions are unacceptable.
- Make written documentation of the harassment, including the time, date, location, and what the perpetrator said or did to you.
- Report the incident or incidents to your supervisor in writing.
If your employer does not take action to stop the harassment, contact an employment law attorney immediately.
What Does Employer Retaliation Look Like?
Retaliation can take many forms, such as:
- Disciplinary action
- Reduction in salary or wages
- Reassignment to less desirable job duties
- Denial of a promotion
- Wrongful termination
These actions may not necessarily indicate retaliation, but they are common forms of retribution after reporting an employment law violation.
Can I Be Fired If I Become Disabled And Can No Longer Perform Job Duties?
It is against the law to fire an employee due to a disability. Per the Americans with Disabilities Act (ADA), your employer is obligated to provide reasonable accommodations for employees with disabilities. The failure to do so, the wrongful termination of an employee for requesting reasonable accommodations or the termination of an employee because they became disabled, is illegal. Discuss the ADA with Holman Kent LLC for more information.
What Are The Signs That Age Discrimination May Be In My Workplace?
Age-based discrimination is often very subtle. Some common indicators of it include:
- Giving promotions or favorable job duties to younger instead of older employees
- Making discriminatory remarks about older employees
- Laying off older workers to hire young workers
- Excluding older employees in company gatherings
These are just a few common signs of age discrimination, but discrimination can take many more forms.
What Should I Do If I’m Suffering Employment Discrimination?
If you are suffering discrimination based on your race, gender, age, disability, nation of origin or religion, keep extensive documentation of every incident. Bring it to the attention of your supervisor or human resources department. If they do not immediately end the discrimination, it is time to seek a lawyer.
How Do I Know If I Have A Wrongful Termination Claim?
Not every instance of termination violates employment law. You may have a case for wrongful termination if your employer fired you for:
- Reporting harassment or discrimination
- Taking FMLA
- Reporting an employment law or safety violation
- Belonging to an Equal Employment Opportunity Commission (EEOC) protected class
If you believe that you were fired wrongfully, discuss your case with a team member at Holman Kent LLC.
Ask More Questions About Employment Law
No doubt, you still have more questions about this complex area of law. You can speak to us in a free initial consultation when you contact our office in Des Moines. To reach us, call 515-302-6764 or send us an email.