So your employer is breaking the law (or at least, you think they are). You have your phone in hand, and you’re all ready to call a Florida employment attorney so you can sue for discrimination. The last thing you want to do is make the mistake of not knowing your legal rights.
Discrimination cases are very complicated, and it’s easy to make a few workplace legal blunders and labor law missteps if you’re not careful. Below, learn about some common employee legal pitfalls so you don’t inadvertently hurt your case.
Failing to Understand Whether Your Employer Is Breaking the Law
Many employees fail to understand that just because their employer seems to have done something illegal doesn’t necessarily make it so. Your employer is within their rights to fire you if you constantly make mistakes or show up late for work. If you’re in an at-will employment state, your employer can let you go for virtually any reason as long as it’s not an illegal one.
What is an illegal reason for termination? Your employer cannot discriminate against you based on:
- Age (the law protects people aged 40 and up)
- Marital or pregnancy status
It can be tough to know whether your employer is illegally discriminating against you. Here’s an example: You have a disability that makes it hard for you to stand for a long time. Your employer refuses to provide a chair so you can sit for a break. That would be against the law.
Letting Your Emotions Rule
It’s common to be angry when you think your employer is discriminating against you. You may be tempted to give them a piece of your mind, to scream at them, or perhaps threaten them with a lawsuit.
This temptation can be hard to resist, especially if you have clear evidence of their wrongdoing, but you must keep a level head. Letting your employer have it might feel good at the moment, but it does you no favors.
Your employer might say, “That employee was unhinged. They threatened me. I had no choice but to fire them.” If you’re fired for cursing at or threatening your boss, that certainly doesn’t help your case.
Thinking That the Law Will Enforce Itself
Although it’s illegal for employers to discriminate against you, that doesn’t mean the law will magically protect you if they do so. Employers know that filing a complaint against them is a time-consuming and complex process, which is why many break the law despite knowing that what they’re doing is wrong.
They assume that employees won’t know how to make a complaint, and those who do will likely give up because the ordeal is too stressful and complicated. Often, their assumption is correct.
If your employer has discriminated against you, you have the option of filing a complaint with the Equal Employment Opportunity Commission (EEOC). A Florida employment attorney can help you do this.
Learn More About Legal Rights Misconceptions
If your employer is discriminating against you and you’d like to take action against employee rights violations, reach out to a Florida employment attorney. Mark J. Berkowitz can help you understand whether your employer is breaking the law and advise you on your next steps to protect your rights and avoid employment law errors.
Call Mark J. Berkowitz at (954) 527-0570 for a consultation now.