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Mistakes to Avoid When Filing an Employment Law Claim

Published on Apr 2, 2020 at 1:40 pm in Employment Law.

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When you’ve been injured on the job, or experienced a violation of labor law, you want to be as meticulous as possible when filing a workers’ compensation claim so that you have the best chance to win your case. Unfortunately, many injured workers make mistakes when filing employment law claims. Although it might seem like a complicated process to follow, it’s actually quite straight-forward when you look to employment law. Let’s look at the main mistakes to avoid when you’re filing an employment law claim.

A Brief History of Employment Litigation in the United States

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

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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.

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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.

What to Do When HR Won’t Address a Workplace Harassment Issue

Published on Aug 14, 2019 at 3:15 pm in Employment Law.

Workplace harassment, a form of discrimination, is something to be taken seriously. It’s generally referred to as a pattern of behavior that causes an employee to feel uncomfortable in their workplace. So why doesn’t HR always take it as seriously as they should? In 2018, there were 26,699 cases of workplace harassment filed according to Equal Employment Opportunity Commission (EEOC). But just because cases are reported doesn’t mean HR properly handled them.

The Most Common Examples of Workplace Discrimination

Published on May 15, 2019 at 3:21 pm in Employment Law.

Because of the definition of discrimination in the workplace, which revolves around an employee or prospective employee receiving subpar treatment based on their protected characteristics, there’s often the thought that it only applies to hiring and firing practices. This is not the case. When an employer, supervisor, or co-worker treats an employee unfairly because of their age, skin color, race, ethnicity, religion, gender, or disability, they are committing an act of discrimination.

Being discriminated against in the workplace can make for a miserable experience. Employers need to understand that they have a legal obligation to treat all employees fairly. If that legal requirement is not met, they can be held liable for their actions or the actions of their other employees. You may be wondering if the mistreatment you’ve experienced is discrimination. We’ll go over how to know you’ve suffered from discrimination, common examples, and the effects.

How Do You Prove Discrimination in the Workplace?

Published on Nov 21, 2018 at 3:55 pm in Employment Law.

As an employee, you have legal rights that outlaw discrimination in the workplace and prohibit unfavorable or unfair treatment based on a variety of established categories. Even with those rights in place, there were 84,254 individual charges filed with the Equal Employment Opportunity Commission (EEOC) in 2017.

If you believe you have been discriminated against, our West Virginia employment lawyers will fight for you. We understand how difficult it can be to pursue justice against your employer. We will do whatever it takes to get you the justice you deserve while making the process as easy for you as possible.

What is the Difference Between Workplace Discrimination and Harassment?

Published on Oct 3, 2018 at 12:36 pm in Employment Law.

West Virginia employees are protected from mistreatment under state and federal employment laws. If you feel as though your employer has violated these laws, contact our West Virginia employment lawyer to find out about holding your employer accountable for their actions.

You may hear discrimination and harassment used interchangeably; however, legally they have their own significant meanings. If you feel as though you’ve been mistreated in the workplace, you’ll need to understand how you’ve been mistreated. We’ll go over the distinctions between discrimination and harassment so that when you’re ready to contact us and file your claim, you’ll have an idea of what to expect.

5 Telltale Signs that Wrongful Termination Happened

Published on Feb 22, 2018 at 12:48 pm in Employment Law.

Losing a job is a scary prospect for nearly everyone. You’re worrying about your source of income, finding a new job, and the time it’s going to take to have everything settled again. There are some situations where you may understand why you lost your job, but this isn’t always true. You may wonder what led to your termination, and if it was a legal termination.

If you’re thinking your employer fired you illegally in West Virginia, a Charleston wrongful termination lawyer from DiPiero Simmons McGinley & Bastress, PLLC may be able to help. We understand this situation is difficult and want to make your voice heard. Employers cannot wrongfully terminate their employees and not be held accountable for their actions.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice. Viewing does not constitute an attorney-client relationship. Prior case results do not guarantee a similar outcome.
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