Employment Laws
Navigating the world of unemployment can be tedious.
You’ve lost your job and now you have to deal with finding a new one, we get it, it’s frustrating; especially if you are without work through no fault of your own. If you’ve lost your job and believe it was not your fault, we urge you to file for unemployment benefits.
You begin this process at the Department of Workforce Development (visit our website for more information about where to find the DWD offices). Ultimately a decision is made as to whether or not you qualify for the benefits. If you are denied your benefits you have ten (10) days to appeal that decision, once an appeal is made a hearing with an administrative law judge will be held on the merits of your case.
This hearing is important – it can not only be the difference between receiving or being denied your benefits, but also helps test the strength of your case if you feel like you’ve been terminated based on discrimination.
Give us a call today to see if we can help you with your unemployment needs! Feel free to take a look at http://www.in.gov/dwd/files/Claimant_Handbook.pdf to learn more about unemployment and unemployment insurance!
Employment Laws
Employment attorneys represent a worker who has been discriminated against in being treated differently (typically worse) than others in the workforce due to his/her race, gender (sex), national origin, religion, age, or disability. Employment discrimination can take the form of an adverse action that affects an employee economically like, failure to promote, demotion, suspension, termination, or loss of benefits. Employment discrimination can also take the form of a hostile work environment (workplace harassment), like verbal or physical harassment, or it can occur when an employer fails to reasonably accommodate a qualified employee with a disability. Being a member of a protected class is not enough for a discrimination lawsuit (e.g., minority, female, disabled, over 40 years of age, etc.). There are many other factors involved, including statistics within the company and other factors.
Few employers admit that they discriminate against applicants or employees. Experience shows, however, that employers still leave plenty of fingerprints. This includes:
Direct, or “smoking gun” evidence, such as:
- disparaging remarks
- slurs
- admissions of bias (“women don’t belong around heavy construction equipment”)
- jokes
Indirect evidence, such as:
- statistics (an all white, male executive team or a higher than expected proportion of older workers laid off)
- Other cases of discrimination
- Pretext (bogus reasons given for employment decisions to cover up the unlawful reason)
- Better treatment of people outside of the protected class who have equal or lesser qualifications.
Many cases are eligible for investigation by either the Indiana Civil Rights Commission or Equal Employment Opportunity Commission (EEOC). There are time frames for filing such charges that need to be strictly adhered to.
You should hire an attorney if you feel you have been discriminated against. Unfortunately, there are plenty of situation that are abusive and harassing, but not illegal. Unless it’s based on age, gender, race, religion, ethnic origin, disability or sexual orientation, the harassment can continue with little or no recourse available to the victim. However, if you feel you are being discriminated against where it relates to the workplace due to your age, gender, race, ethnic origin, religion, disability or sexual orientation, you should speak with our firm as we can help you determine if the discrimination you are suffering is illegal and help you assert your legal rights under the law.