DO YOU HAVE A POTENTIAL EMPLOYMENT CLAIM?
While this is not an exhaustive list of scenarios, it gives you an idea of some specific circumstances that can give rise to recognized employment-related claims. If you are experiencing these items at work, you should contact an employment attorney to get a detailed analysis of your situation.
Were you treated differently by your employer or a potential employer because of a protected characteristic?
- Age (over 40)
- National origin
- Sexual orientation or identity
- Genetic information.
- Disability, which includes:
- Discrimination because of your close association with a disabled individual.
- Failing to make reasonable accommodations.
- Improper workplace medical exams or inquiries (pre-offer, while job offer is pending, or during employment).
- Taking adverse employment action because of information learned from a job-related medical exam or inquiry.
Have you been sexually harassed or subjected to hostile treatment at work because of a protected characteristic?
- Was the conduct directed at you by a co-worker or a supervisor/manager?
- Was anyone else treated in the same hostile manner by the same individual(s)? If so, what protected characteristics do you and the other employees share and what traits are different?
- How frequent was the conduct?
- How long did the harassment endure (one time? weeks? months?)
- Was the conduct threatening or humiliating?
- Does the company have a policy about reporting harassment?
- Did you report the conduct to anyone? (If so, what action did the employer take?)
- How did the conduct towards you alter your work environment?
Did you suffer an adverse employment action becuase you did one of the following:
- Complained to someone in authority (supervisor, manager, owner, officer, HR, etc.) about being treated differently because of a protected characteristic.
- Complained to someone in authority about a hostile work environment based on a protected characteristic?
- Participated in someone else’s claim of unlawful discrimination, harassment or retaliation.
- Took FMLA leave
- Took Military leave.
- Complained about minimum wage or overtime issues?
- Attended a court ordered proceeding (deposition, trial, etc.) or served on jury duty?
- Reported violations of laws, regulations or rules by your government agency employer?
If you were entitled to leave under the Family and Medical Leave Act becuase (1) your employer is a public agency or is a private company with 50 or more employees with a 75-mile radius and (2) you were employed with the company for at least 12 months and worked at least 1250 hours in the 12 months prior to needing leave time:
- Were you denied FMLA leave?
- Did your employer interfere with your ability to take FMLA leave?
- Were you denied reinstatement (entirely or to a substantially equivalent position) after your FMLA was over?
Was your position misclassified as “exempt” from overtime (i.e., you are paid a salary but your job duties do not meet the criteria for being “exempt” from overtime)?
Did your employer pay you for all hours worked at the proper rate?
- Are you making at least minimum wage?
- Are you a non-exempt employee being paid overtime for hours exceeding 40 in a workweek?
Are you due commissions?
Was your rate of pay changed retroactively (i.e., after the money was earned)?
Was your paycheck improperly docked or withheld?
Did an employer breach a written contract covering the duration of your employment, limitations on reasons for termination, and/or guaranteeing certain types of compensation or benefits?
Is your non-compete agreement enforceable?
Are there other potential contract claims related to your employment?
- Do a company’s policies create a contract claim?
- Do you have any potential claims for breach of a verbal or implied contract?
- Are you entitled to payment for unused time off when you are terminated?
- Is a company obligated to pay severance?