As an employee, there are instances where you have a genuine basis for complaining about discriminatory conduct. This article sheds light on when your opposition to this discrimination is not protected conduct. Suppose you also need professional advice regarding labor and employment laws in Fort Lauderdale, Mark J. Berkowitz, P.A. will educate you about the proper steps to take and help you obtain the compensation you richly deserve!

When Opposition To Discrimination Isn’t Protected Conduct

There will always be instances where you have reasonable reasons for complaining about discrimination at your workplace. Some of the cases when your opposition to discrimination will not be protected are: 

  • Unlawful activities such as threats or acts of violence.
  • Employee’s job performance leads to low output.

Here is an example: Imagine that an employee who constantly complains about rude words and names etched on the wall of a room in his workplace was eventually fired. He will lose his retaliation case if the court finds out that he was fired for insubordination, cursing his supervisor, or threats, and not because he complained about the discriminatory environment. Furthermore, if an employee, out of anger, sends a rude text message or calling his employer demeaning names, he could be legally fired for disruptive and unprofessional conduct. Nevertheless, in some instances, some actions might not be as clear as this. 

Why You Need An Employment Lawyer

Most employees find it hard to understand employment law terminology. And this is where a lawyer can be of help. They will explain the terminology used in handbooks, legislation, and general papers that involve employment. Employment lawyers play a significant role in handling conflicts between employees and employers. They deal with legal concerns related to unlawful termination, discrimination and contract violation, and sexual harassment. Ideally, an employment lawyer is willing to help helpless employees validate their allegations against their employer. As an employee, you need to get acquainted with an employment lawyer to know your rights and not get involved in an action that could make you lose your case. 

Traits Of A Competent Employment Lawyer

  1. Passion- An employment lawyer is passionate about their job. They are willing to take a hands-on approach to every case, devising detailed strategies and litigating aggressively on the client’s behalf to secure the compensation they deserve. 
  2. Experience- A qualified employment lawyer must have been in the industry for years. That way, they can successfully represent clients in varying matters relating to employment law or personal injury. Ideally, a lawyer with less than five years of experience wouldn’t have acquired enough knowledge to litigate on your behalf. 
  3. Proven- This means they must be recognized by peers and endorsed by other firms. This reinforces the conviction that they will successfully represent you against corporations.  
  4. Client-Focused- Professional employment lawyers must be keen and aware of your options before any proceeding. Thus, all legal decisions will be based on your specific situations. 

Contact Us

Do you need an employment attorney to completely understand when opposition to a discriminatory action isn’t protected conduct? In Fort Lauderdale, Mark J. Berkowitz, P.A. is the professional consultant for clarifications and all you need in the labor and employment area. Contact us today for more information.

Pin It on Pinterest