If you feel you may have been the victim of unlawful termination , you should seek legal counsel as soon as possible. A civil rights attorney in San Jose, CA, can review your case to determine if you might have been fired for unlawful reasons. Some of the most common triggers for unlawful termination include age, pregnancy, and military status. With these factors, some employers might begin to worry that the employee will no longer be able to work as efficiently or for as long. Military families, for example, can expect to move frequently. However, these are unlawful grounds for termination.
Other common grounds for unlawful termination claims include being fired on the basis of race, gender, gender identification, and political views. It is not legal to fire an employee for taking leave to which he or she is entitled under the Family and Medical Leave Act of 1993, nor is it lawful to fire someone because of his or her physical or mental health disabilities.
A qui tam lawsuit may be brought under the False Claims Act with the assistance of information provided by a whistleblower. Whistleblowers are individuals who expose acts of wrongdoing. For example, a chemist working for a pharmaceutical company might reveal evidence that the company concealed the unfavorable results from a clinical trial. Whistleblowers are afforded certain legal protections. If you have become aware of acts of wrongdoing, it’s in your best interests to speak with a civil rights attorney in San Jose, CA. You will need plenty of employment law advice to navigate the legal process and protect your rights.
What are protected disclosures?
Whistleblower protections are intended to encourage individuals to come forward with their knowledge of acts of wrongdoing or misconduct that are illegal. Protected disclosures also include actions that violate certain public policies.
How can employees make protected disclosures?
It’s strongly recommended that employees or other individuals consult a civil rights attorney before taking any actions. The lawyer will review the specifics of the situation to determine if the whistleblower should report the misconduct internally or to an appropriate government agency. Federal employees, for instance, may make a protected disclosure to their agency’s Office of Inspector General or to a member of Congress. They also have the option of having an employment law attorney file a complaint with the Office of Special Counsel (OSC). It is possible to make an anonymous protected disclosure; talk to your labor rights lawyer about protecting your identity.
What are prohibited retaliatory actions?
One common reason why potential whistleblowers hesitate to step forward is that they fear the possibility of retaliation. Retaliatory acts can indeed occur, but they are unlawful. If you believe you have experienced a retaliatory act after revealing misconduct, see your lawyer immediately. Deadlines do apply to filing complaints regarding retaliatory actions. Whistleblowers are protected from being demoted, fired, blacklisted, and denied benefits because of their actions. They are protected from retaliatory discipline, reductions in pay or hours, threats, acts of intimidation, and reassignments that affect promotions.
Compliance is a critical and ever-evolving issue for employers. To stay on the right side of the law, it’s in your company’s best interests to work with an employment lawyer in San Jose, CA. He or she can provide you with the employment law advice your company needs to prevent age discrimination in the workplace .
Working with Your Lawyer
One of the first topics your employment lawyer should cover is the law. Federal anti-discrimination laws protect employees from discrimination based on specific classes, such as one’s age. However, there are also state laws that you should be aware of. Your lawyer will discuss how they apply to your company. He or she will review your current policies, if any, and examine any problems that you may have encountered in the past.
Hiring New Employees
Pay particular attention to your company’s hiring practices. Your employment law attorney will inform you that it is not unlawful to request an applicant’s date of birth. However, doing so may set the stage for an age discrimination complaint. Consider removing this question from the job application.
Age discrimination complaints can arise when younger employees are promoted ahead of older employees. Your employment lawyer can help you develop written policies that guide the distribution of promotions and raises based solely on merit. Similarly, employees should have access to educational and training opportunities regardless of age, although you may choose to limit certain training opportunities to certain positions in the company based on the type of work these employees perform. For example, your sales sector may have access to a marketing seminar that wouldn’t be of value to your tech support sector.
Reducing the Workforce
Unlawful termination is a common basis for claims against employers. If your company must initiate layoffs, talk to your employment lawyer ahead of time. You can protect your company from legal liability by conducting layoffs based on the number of years employees have worked for the company, rather than their age.
One common reason for seeking employment law advice in San Jose, CA, is the suspicion that an employee has been unlawfully discriminated against , such as in cases of unlawful termination. Women are in a protected class, which means that it is against federal and state laws to take discriminatory actions against women solely because of this unchangeable defining characteristic. For more information about anti-discrimination laws, contact a civil rights attorney near you and watch this introductory video.
This expert discusses how the court views discrimination cases and which laws provide anti-discrimination protections. He also explains that your labor rights lawyer may file a claim on the basis of discriminatory practices in hiring, firing, compensation, and other terms and conditions of employment.