If you boil away everything else, there is a simple tie between an employer and employee. The employee agrees to do work, and the employer agrees to pay him or her a set wage. This is the core of the relationship in the American business world, and it’s something that should rarely ever be upset. When an employee stops doing work, the employer can fire him or her. What, though, can an employee do if the employer suddenly reduces his or her pay without reason? It’s an important question, especially when it happens to you.
Many employee are cowed into submission by the idea of losing their jobs if they complain, but it’s important to remember that the agreement between employer and employee runs two ways. You should always find out why your pay has been docked – even if it’s not legal for the employer to do so, you still need to find out the reasoning behind the act. You can then begin to plan out your next move, but be careful – the second you begin to ask questions is the second that you must prepare yourself to take the steps necessary to secure your livelihood.
Once you find out that your pay has been docked, you have a few choices. If you work in a unionized workplace, you should immediately report to your union rep. Docking pay without reason is one of the things that unions were formed to protect against, and your rep will help you to take the next steps to secure your pay. If you are not in a union, your best ally will be an attorney – you certainly have a cause to be concerned if your pay is being docked, and an attorney will help you to determine what you can do about that action.
Your employer does not have a right to reduce your pay without a reason or notice. You have the right to be paid the wage that you and your employer agreed upon, and never let him or her tell you differently. If you are willing to fight for the money that you are owed, you will not have to be afraid of the consequences. Contact us today to see if you have a case!
Breach of contract is a claim seen in many courtrooms around America. Employers who do not follow the terms of your employment contract may be held liable in court. You have rights, but you must consult with an attorney before proceeding with your case. Suing your employer is a slippery slope if you do not work with the right lawyer.
#1: Do You Still Have Your Job?
You may sue your employer even if you have quit your job. Many attorneys would recommend finding new employment before filing suit as you may lose your job when the suit is filed. Ask your attorney how you should proceed with your case before making any big decisions. There are cases that can be resolved amicably, but your attorney will test the waters to see what will be best in your situation.
#2: What Language Was Breached?
Breach of contract could cover the smallest and largest parts of your contract. Minor breaches of contract may be oversights that are cleared up with a cease and desist letter. Majors breaches of your contract must be settled through legal action. Your attorney can negotiate with your employer on your behalf, or your attorney can file suit against your employer.
You may negotiate to keep your job if you wish to stay, and your attorney may reach a settlement over damages in your case. You can go back to work with an understanding that your contract will be followed, or you will receive damages if you have moved on to another company.
#4: Proving Your Case in Court
Your attorney will request evidence showing that your contract was breached. You must document everything you can that points to a breach of contract, and you must have a paper copy of your contract as evidence. Your case could be difficult to prove in court if you do not have evidence, and there are cases that cannot be proven because the evidence is circumstantial.
Breach of contract by your employer can be met with severe legal consequences for your employer. You may choose to move to a new job, but you are still free to file suit for past indiscretions by a previous employer. An attorney can research your case to determine if you should be compensated for your employer’s wrongdoing. Contact our firm today to get started.
For many employees, working more than 40 hours per week is all too common. When most employees work more than 40 hours per week, they are considered to be working overtime and are entitled to additional compensation at a rate of 1.5 times their regular rate of pay. However, some employees who have been promised extra pay for working overtime find they never receive the money owed them by their employer. As a result, they choose to file lawsuits against their employer in an attempt to collect the money to which they feel entitled. Yet is some instances, extenuating circumstances can muddle the situation.
Though an employee may have been promised overtime, there are certain types of employment that have been determined to be exempt from overtime pay. Generally, these are positions of leadership in a company or organization, often involving significant amounts of administrative or executive duties. In some situations, employees who were initially promised overtime pay are later found to be exempt from payment due to promotions or mistakes in determining eligibility. However, in other situations, employers may attempt to alter job duties or job titles in an attempt to negate any promises of overtime pay. If this is the case, consultation with a legal professional may be needed.
In many situations involving overtime pay disputes, there is often more than one employee who is being affected. Depending on the size of the business, it may be only one employee affected or potentially hundreds claiming they were promised extra pay for working extra hours. If no resolution can be found for the conflict, groups of employees may choose to band together and file a class-action lawsuit against their employer for unpaid wages. While this is often considered a last resort in many situations, past results have proven to be effective.
Along with failing to receive overtime pay for extra work, some employees also fault employers for failing to pay them for attendance at mandatory meetings or training sessions, unpaid work prior to beginning a shift, or forcing them to work through lunch breaks. All of these can add up to a failure to receive overtime pay, and each individual employee’s situation may be different. But if a promise to receive overtime pay has not been fulfilled and speaking with the employer has gone nowhere, seeking legal advice may be a wise choice.
When you work for a company, you expect to be treated fairly. You might not always get everything that you want, but you should always expect to be treated with respect and courtesy. When the people around you are treated differently than you, though, your workplace becomes less safe for you – and less safe for the community around you. Unfortunately, some companies feel like they can discriminate based on anything they like – including the marital status of their employees. Doing so is not just immoral, but is contrary to the laws that have been put in place to protect employees.
You cannot be discriminated against because of your marriage. It doesn’t matter the reasoning that your company gives you, nor the lies they hide behind. They may tell you that they only hire people without family commitments, or that they prefer to hire “stable” individuals. What they’re really trying to do is dictate the way that their employees live, and they are breaking the law. Unfortunately, many companies get away with such actions because their employees don’t understand their rights. No one has the right to hire, fire, or treat you differently based on your marital status in the United States.
You should always be careful to document anything said to you that’s based on your marital status, as this can become important to your future. You’re not just looking at whether you were hired or fired – promotions, time off, and even treatment within the office should not depend on whether or not you have a spouse. This should be a private matter for you, not one that your company exploits to make decisions.
If you are discriminated against because of your marital status, your first move should always be to contact an attorney. There is no excuse that can help a company if it is truly making decisions based on whether or not its employees are married, and you don’t deserve to have your livelihood threatened based on that fact. Employees deserve a certain level of respect and dignity, and that means that a company should never be able to dictate the marital status of the people who it chooses to employ.
When you’re fired by your employer, the first emotion might be confusion, anger or depression. However, look a little deeper and try to find out the reason behind the termination. If you are an Illinois resident and you are fired because your boss illegally obtained your credit report, your employer has actually broken the law by firing you and there are certain remedies that you are entitled to.
The law firm of Goldman and Ehrlich specializes in fighting for your rights against wrongful termination. If they have obtained your credit report against your will, there are several important things that you should be aware of.
Illinois law specifically mandates that a credit report cannot be used to deny or approve a job. That is also the case after you have already obtained the job. Employers may ask for the credit report but you have the right to refuse it. If so, they cannot obtain it behind your back because it would constitute an illegal act.
If you have been fired, make sure that you have all of your paperwork including emails or memos to you by your boss or the HR department. Gather your personal file with any warnings or discipline you may have received and any other job performance evaluations. Document your entier employment history with the firm including job title, salary and any changes that occurred over the years. Please make sure that you obtain these documents legally and that you have a right to possess them.
If you are victorious, there are many different ways that you may be compensated. Of course, you have the right to be reinstated in your job. You may also win back pay compensation. In addition, you may be awarded funds for punitive damage and emotional stress. Finally, the court can order your boss to pay all of your legal fees so nothing comes out of your pocket.
To find out more, call Goldman & Ehrlich at 312.332.6733 or contact them online. The partners will speak to you directly to provide a no obligation assessment, then walk you through your case and advise you on how best to move forward.
If you were denied a job because of your age, then it is important to note that you have legal protections. The Age Discrimination in Employment Act of 1967 prohibits employers from discriminating against employees who are over the age of 40. Lyndon B Johnson signed this bill into law. Employers are not allowed to hire, fire or discharge someone who is over the age of 40 because of their age. Furthermore, it is against the law for a senior citizen to be harassed in the workplace because of their age.
It is important to note that there are certain groups that are excluded from protection under the Age Discrimination Act of 1967. This includes military personnel, independent contractors and elected officials. Businesses that have at least 20 employees, the federal government, labor organizations and local and state agencies are examples of companies that are required to comply with the Age Discrimination in Employment Act.
Older employees are also protected under the United States Equal Opportunity Commission. This is an agency that protects employees from discrimination. The United States Equal Opportunity Commission was first established in 1965.
People who are over the age of 40 have likely been in the workforce for many years. The experience of older people is one of the many things that makes them valuable to the workplace. This is why employers should not discriminate against employees because of their age.
The Age Discrimination in Employment Act prohibits employers from saying that they prefer a certain age in their job ads. It also prohibits them from setting an age limit on their training programs. Additionally, employers are prohibited from forcing people to retire at a certain age, but there are some exceptions to this rule.
Because there have been protections put in place to protect older employees from age discrimination, you may be able to file a claim against the company. It is best for you to contact a lawyer if you feel you have been a victim of age discrimination. Your attorney will investigate the employer’s human resource practices and can help you get a settlement.
Goldman & Ehrlich is located in Chicago, IL and serves clients in and around Chicago, Cook County, Lake County, DuPage County, Will County, Kane County, and McHenry County.
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