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.

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. 

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.

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.

Finally, the West Virginia Supreme Court issued a decision on a case that DiPiero Simmons McGinley & Bastress, PLLC’s own Lonnie Simmons handled for five years. The decision was that retired WV Division of Natural Resources officers will not have to pay money back for their retirements, and their full retirement benefits have been restored.

Initially, the WV Consolidated Retirement Board wanted to reduce the retirement benefits that retired officers of the WV Division of Natural Resources received and had been receiving since 1997. They also wanted to require that these retired officers pay back the benefits they had received.

The WV Consolidated Retirement Board also wanted to alter retirement benefits for active officers as well. They wanted to reduce the premiums that active law enforcement officers had to pay, which would then reduce the amount of money that they receive later on when they are using their retirement benefits.

When you believe you’ve experienced discrimination based on your disability, you might not know where to turn or how you can prove that what you faced was discrimination. It can be too difficult to do on your own, which is why hiring an employment lawyer can greatly benefit you. One of our experienced lawyers from DiPiero Simmons McGinley & Bastress, PLLC can help you prove that you faced disability discrimination in one of the ways discussed below.

Workplace discrimination comes in a variety of forms. The discrimination can be based on race, color, sex, age, and many more factors that can’t be controlled by the person being discriminated against. On top of all of those factors, workplace discrimination can also be against someone’s disability. Disabled workers and peoples’ rights are protected by the Americans with Disabilities Act (ADA), which ensures that they are treated fairly in the workplace and have the proper accommodations.

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.

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.

As an employee or potential job candidate, it’s important to understand your legal rights. Employees are protected by law against discrimination. In the event an employer breaks any of the laws and an employee suffers as a result, that employer can be held accountable through an employment law claim.