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Common Challenges in an Employment Law Claim

Published on Feb 24, 2023 at 4:39 pm in Employment Law.

Common Challenges in an Employment Law Claim

You go to work in Charleston, do a good job, and mind your business. Yet, you get hurt in a workplace accident, get discriminated against, sexually harassed, get fired for no reason, don’t get paid, or otherwise get the proverbial short end of the stick. These realities that West Virginia employees face daily motivate some workers to file employment law claims.

Unfortunately, as is the case with almost every type of civil claim, the burden generally falls on the plaintiff, the party that alleges wrongdoing occurred, to prove liability for their injuries or the harm they suffered. Doing so often takes work. Employment law claims are instead often wrought with various obstacles that must be navigated. Read on as we share some of the more common challenges in an employment law claim that plaintiffs must overcome to achieve a successful outcome in their cases.

Common Challenges in Work Discrimination Claims

Published on Sep 9, 2022 at 1:34 pm in Employment Law.

workplace discrimination

Over 61,000 claims of employment discrimination were filed last year at the federal level. Although many hope that workplace discrimination is a thing of the past, the ugly truth is that it is a major concern for thousands of Americans in the workforce today.

The employment law attorneys of DiPiero Simmons McGinley & Bastress, PLLC provide some insight on the most common challenges in work discrimination claims. Work discrimination claims can be complicated, and it’s highly advisable to work with an experienced lawyer when filing your claim. 

What Are the Signs of Workplace Complaint Retaliation?

Published on Sep 9, 2021 at 2:44 pm in Employment Law.

Woman on laptop with head in hands

In your workplace, you should feel safe and respected at all times. When that doesn’t happen and you’re discriminated against or face harassment in your workplace, you file a complaint with your Human Resources department. Even though they’re supposed to be there to help you, and complaints are intended for you to see change and justice, the opposite might happen.

How Could an Insurance Company Act in Bad Faith?

Published on Jul 23, 2021 at 5:29 pm in Employment Law.

How Could an Insurance Company Act in Bad Faith

When you experience an accident that causes injuries, and they are supposed to be covered by your insurance, you’ll likely want to file a claim with the company so that you can be compensated for your damages. Under your policy, your insurance company owes you, but what if they try to find a way to avoid paying you?

At DiPiero Simmons McGinley & Bastress, PLLC, we understand how frustrating it can be when your insurance company doesn’t act how you think they should. We’re dedicated to representing our clients and ensuring that they get the most favorable outcome. Let’s take a look at what bad faith insurance is and how insurance companies act in bad faith.

How to Recognize Workplace Harassment and What You Can Do About It

Published on Jan 14, 2021 at 3:09 pm in Employment Law.

Office space

When you enter your workplace, you should feel safe. You shouldn’t have to worry about being treated properly by your boss and coworkers. That’s why there are laws in place against workplace harassment so that workers can feel comfortable in their work environments, but unfortunately, some people break those laws. When you’ve been harassed at your job, you need to know what your options are.

At DiPiero Simmons McGinley & Bastress, we’re here to represent you after facing workplace harassment. One of our employment lawyers will ensure your rights are protected and the perpetrator of the harassment is held accountable for their actions.

What Are Your Options If You Experience Racial Discrimination in the Workplace?

Published on Jan 7, 2021 at 3:02 pm in Employment Law.

Person with laptop filing report on paper

Nobody deserves to be discriminated against, and especially not in the workplace. Not only is it treatment that people don’t deserve, it’s also illegal. When you experience racial discrimination in your workplace, you might be hurt, confused, and wondering what you can do to combat the hurtful experience you just had. There are plenty of options for what you can do moving forward to ensure that your rights are protected, and the discriminatory person or company is held responsible for their actions.

For support through your workplace discrimination claim in West Virginia, you’ll want to hire a lawyer from DiPiero Simmons McGinley & Bastress, PLLC. We have experience representing clients and defending their rights to have a safe and healthy workspace. Discrimination of any kind is a threat to safety, which is why we’re here to represent you.

A Brief History of Employment Litigation in the United States

Published on Dec 30, 2019 at 4:00 pm in Employment Law.

Golden statue

Not only should you feel comfortable at your job, but you should be aware of what your employer legally can and can’t do. That’s where employment litigation comes in. Employment law covers many different facets of a workplace, including workers’ comp, discrimination, medical leave, benefits, wrongful termination, and much more.

Since the full history of employment law is long and hard to understand, we’ve made a condensed version of the most influential documents you should know about. Employers and employees alike should have an understanding of how employment litigation works so that each party knows the legal parameters in case the law is broken.

Can I File a Lawsuit Against an Employer for Stress and Anxiety?

Published on Nov 21, 2019 at 6:18 pm in Employment Law.

Not all work environments are relaxing and accommodating. Sometimes, an employer can impart more stress onto their workers than is acceptable. At first, you might think that the expectations causing your stress are normal, but if it’s enough to affect your productivity and health, then it is considered unfair and unlawful. Thankfully, there is something you can do to stand up for yourself about excess stress and anxiety in the workplace.

When Would I Need to Have a Lawyer Look Over My Employment Contract?

Published on Oct 23, 2019 at 1:43 pm in Employment Law.

Person signing contract

Beginning a new phase in your career is an exciting time. But prior to your first day, your signature is needed on a number of documents. Arguably the most important is your employment contract. While the document could be a simple page laid out in an easily digestible way, other contracts are lengthy and intimidating.

Contracts are often filled with vague and confusing legal terminology. Before signing anything, it’s beneficial to have a lawyer look over your employment contract. This way, you’ll have a comprehensive understanding of what you’re agreeing to and, if necessary, you’ll be able to tactfully negotiate terms.

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