As an employee, you have rights that protect you in the workplace. However, this sometimes doesn’t prevent violations from happening at your job. Unfortunately, employees may face unfair treatment and they may not know who they can turn to. But there are people who may be able to represent you. The Fayetteville employment lawyers at McMath Woods P.A. believe in protecting workers and fighting for them when they’ve faced injustices.
McMath Woods P.A. has years of experience protecting the rights of employees. It isn’t fair for companies to take advantage of their workers in order to benefit themselves. Employment rights are in place to give employees a voice, and we can help amplify it. Our employment lawyers are skilled and fiercely defend clients. When someone has caused wrongful harm, we will step in and hold them accountable. You deserve to have someone at your side that you can count on.
Arkansas Employees Have Rights
When you’re building your case, you need to pay attention to state laws as well as federal. For example, Arkansas is an at-will state. This means that an employer could terminate an employee without giving a reason.
However, there are also strict laws that prevent you from being fired for discriminatory reasons. Those reasons include:
- Skin Color
- Gender Identity
- Sexual Orientation
- National Origin
- Genetic Information
These apply to more areas than firing. According to the U.S. Equal Employment Opportunity Commission (EEOC), the above factors encompass all parts of employment. Job advertisements cannot use one of the reasons above to discourage someone from applying for a job. This also extends to the recruiting, applying, and hiring processes. Allowing any of the above factors to influence job assignments, promotions, pay, and benefits is illegal.
Employers are also expected to provide reasonable accommodations for employees that need them. Reasonable accommodations mean the changes will not cause significant stress or hardship for the employer. An employer could make some changes that would help an employee perform their work duties or allow them to attend religious services.
The U.S. Department of Labor also lists areas of employment that laws protect so businesses have fair and reasonable policies for employees. There are laws for wages and hours worked, including items like minimum wage, overtime, and child labor protections. Safety and health standards are in place to protect employee wellbeing. Benefits including health insurance, retirement, and workers’ compensation also have laws to protect employees as they’re at their job and for when they leave the workforce.
What Should You Do If Your Employer Violates Your Rights?
Many employees may recognize that something is wrong with how they’re being treated at their workplace, but may not want to speak up because they feel intimidated. They may feel that they’re disrupting the workplace or are making something big out of nothing. On top of that, they may want to continue working at the business but are worried about getting less pay or losing their job. However, some employees may not know they’re protected by law from retaliation. An employer cannot take action against an employee because they came forward with a complaint.
There are several steps you can take if you believe someone violated your employee rights. The EEOC states if you’ve faced discrimination, then your next step is to file a Charge of Discrimination. You will want your charge to be as airtight as possible. Having a lawyer at your side may help you make sure you’ve done everything correctly.
You should take note that you have a time limit to file your charge. If you wait too long and miss the deadline, your case may no longer be valid and you won’t be able to proceed to the next step. The typical deadline is 180 days from when discrimination occurred. However, the EEOC states this deadline extends to 300 days if the state or local agency has an employment discrimination law on the same basis. It’s best to speak with your lawyer as soon as possible. They will be able to determine when you need to file your charge.
After filing a charge with the EEOC, they will investigate what happened. Then, they will provide you with a Notice of Right to Sue. After getting this notice, you have a short amount of time to file your lawsuit. The time limit is 90 days. Your lawyer will help you file your lawsuit on time so you can seek justice.
Our Law Firm Will Protect Your Rights
You can stand up for yourself when you’ve faced discrimination or other unjust actions in the workplace. Having someone at your side to protect your best interests will give you a better chance of success. Our attorneys in Fayetteville will do everything we can to get you a fair settlement.
Get in touch with our firm as soon as possible so we can begin looking into your case. After reviewing what happened, we can discuss your options. We’ll help you find a solution so you can confidently move forward.