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Posted By Sirmabekian
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2023
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0 Comments
Employee rights are an important aspect of any workplace and must be protected and upheld by employers. However, sometimes employees may feel that their rights are being violated and may not know what to do about it.
Perhaps you believe your employer is violating your rights. It might be time to hire a lawyer to help you navigate the situation. Here are four signs that it’s time to hire a lawyer for employee rights:
1. Wrongful Termination
Wrongful termination occurs when an employer fires or lays off an employee violating the law or an employment contract. This can include firing for illegal reasons, such as discrimination or retaliation, or breach of an employment contract. Suppose you believe that you have been wrongfully terminated. In that case, you should seek the advice of an attorney to help you understand your rights and explore your options for taking legal action.
2. Denied Benefits or Reasonable Accommodation.
Federal and state laws provide specific rights for employees when it comes to benefits and reasonable accommodations. For example, the Family and Medical Leave Act (FMLA) provides certain employees the right to take up to twelve weeks of unpaid leave for certain family or medical reasons.
Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities. Perhaps you believe your employer has denied you benefits or reasonable accommodation. In that case, you should consult with a lawyer to understand your rights and explore your options for taking legal action.
3. Denied overtime pay or Misclassified as an Independent Contractor
Federal and state laws provide for overtime pay and worker classification rights. The Fair Labor Standards Act (FLSA) requires employers to pay employees time-and-a-half for any workweek worked over 40 hours. That is, unless they are exempt from the overtime requirements.
Misclassifying an employee as an independent contractor can also violate the law if the worker is an employee. If you believe that you have been denied overtime pay or misclassified as an independent contractor, you should consult with a lawyer to understand your rights and explore your options for taking legal action.
4. Unlawful Contract or Non-compete Agreement
Employers may ask employees to sign contracts or agreements that limit their rights in some way. For example, non-compete agreements may prohibit employees from working for a competitor for a certain period after leaving their current employer.
Such agreements can be illegal or unenforceable, which means they can be challenged by a lawyer. If you have been asked to sign an unlawful contract or non-compete agreement, you should seek the advice of an attorney to help you understand your rights and explore your options for taking legal action.
Final Thoughts
Hiring a lawyer when your employee rights have been violated can be a powerful tool in protecting your rights and ensuring that you are treated fairly. Remember that you are not alone and that many resources are available to help you navigate the legal process and protect your rights as an employee.