You deserve to be safe at your job. In fact, your rights are protected under federal and state labor laws to ensure that you are treated fairly. When your employer violates these laws, you can take legal action against them for the harm they’ve caused you. That’s where an El Dorado, AR employment lawyer comes in to help you.
At McMath Woods P.A., we have experience representing employees who have experienced discrimination or any other kind of labor law violation. We’re here to ensure that your rights are protected and that you get justice for the wrongful treatment you endured from your employer.
Arkansas and Federal Employment Laws
You might have experienced something that made you uncomfortable at work, or you might think that you were discriminated against but you’re not quite sure. That’s why you should know Arkansas employment laws. That way, you know if what you experienced was against the law and if you can take legal action against your employer or your coworker who treated you poorly.
State laws aren’t the only employment standards that your employer must adhere to. In the United States, there are laws against discrimination of workers. Here are some of the different types of discrimination that are not tolerated in the workplace, according to the U.S. Equal Employment Opportunity Commission (EEOC), and if you experience them, you could take legal action:
- Race and color
- National origin
On top of all of these aspects, you also deserve to have equal pay, and be free from harassment of any kind while at work. When you report any of these forms of discrimination to your HR department, you also have the right to be free of retaliation. If your employer tries to punish you for speaking out, then that would be a violation of your rights as an employee.
In Arkansas specifically, you should also know that your employer cannot request or require you to share your social media with them. While you can choose to share your social media usernames with your employer and friend them, they cannot make it a requirement. They also cannot make you set your profile to public or private.
If your employer has violated your rights, then you deserve justice. One of our El Dorado, AR employment lawyers from McMath Woods P.A. can help you stand up to your employer to defend your rights. We’ll be here to ensure that you get the justice and compensation that you deserve for what you’ve been through.
What Are the Employment Litigation Steps?
After you’ve experienced discrimination or harassment at your job and decided to take legal action, you might be wondering what you’re in for. Employment litigation can be complex and take a long time, so that’s why you’ll need an employment lawyer on your side—they’ll know the steps and keep you informed along the way.
With an El Dorado, AR employment lawyer guiding you through the legal process, you’ll be able to have confidence that your claim is as strong as possible. The first thing you’ll need to do with the help of your lawyer, is file a claim with the EEOC, DOL, or the Employment Security Commission (ESC). This is an essential first step that shows you experienced wrongful treatment and request that it’s looked into by higher entities.
While that claim is processing, your lawyer will start to build your case. They’ll look into what happened so that they can determine exactly what happened to you and how it broke the laws that are in place. If your attorney sees that there’s grounds for legal action, then they’ll help you file a legal claim against your employer or the at-fault party. Your employer will also work to make a position statement during this time.
This part can be complicated. Your lawyer will help you file a complaint to your employer within the deadline for the right to sue. When they receive this, they can either dismiss it or answer. When they answer, the discovery process can begin.
Like personal injury claims, the discovery process entails gathering all of the relevant information and documentation to get to the truth of what happened. Both parties will submit written questions to the other to get the information that they need to build a case. They can also request documents from either side as well as interviewing witnesses.
Next step is mediation. A third-party mediator is usually used in these cases to reach a settlement. If that cannot be reached, a judge will make a summary judgement. This can lead to the judge to dismiss the case because your employer will likely be arguing that no laws were broken in an attempt to protect themselves. If your case is dismissed, you can file an appeal.
If your case is not dismissed, but you don’t reach a settlement, then your case will go to trial. This can be an even longer and more complicated process, which is why you’ll be glad to have one of our El Dorado, AR employment lawyers on your side. We’ll fight for you until a fair settlement is reached, otherwise we are prepared to go to court for you.
McMath Woods P.A. Will Represent You in Your Employment Claim
When you’ve been mistreated in your workplace, you shouldn’t have to deal with the fallout of that on your own. You could have suffered physical or emotional injuries that leave you feeling unsafe at your job. When you have an experienced El Dorado, AR employment lawyer on your side, you’ll be able to feel peace of mind knowing that they’re building you a strong claim.
One of our attorneys from McMath Woods P.A. will fully investigate what happened and calculate how much you’re owed in damages so that you won’t settle for any less than you deserve. Reach out to our office today for a free consultation so we can discuss your potential legal options against your employer.