Losing a job is a harrowing experience for anyone. In nearly every state, most employees are “at-will” employees under the law, which means that an employer can terminate employment for any reason — whether a good reason, a bad reason, or no reason at all — so long as the reason does not violate a law. But there are several laws – mostly federal laws – that provide for damages when an employer wrongfully terminates an employee. Atlanta wrongful termination lawyers, like those at Weiner & Sand LLC, pursue employers for damages when they violate these federal employment laws.
Despite the “at-will” doctrine, there are many laws that protect employees from wrongful terminations, particularly where discrimination or retaliation is involved. For example, federal law prohibits employers from terminating employees because of their race, age, gender, pregnancy, military service, or religion. Likewise, employers also cannot terminate an employee in retaliation for complaining about discrimination or harassment. These are just a few of the many reasons that may violate various employment laws.
To pursue these violations, wrongful termination lawyers typically use two types of theories of wrongful termination/employment discrimination: disparate impact claims and disparate treatment claims.
Benjamin Francis Barrett Jr, Lawyer In Atlanta, Georgia
Disparate treatment claims focus on whether an employer treated an employee less favorably because of a protected characteristic (e.g., race, age, gender, religion, pregnancy status, and national origin). For example, “My employer fired me because I am pregnant.” Liability in a disparate-treatment case depends on whether the protected trait actually motivated the employer’s decision. Proving discriminatory intent can be accomplished either through circumstantial evidence or through direct evidence. In either scenario, the ultimate question is whether the employee was the victim of intentional discrimination.
Disparate impact claims focus on an employer’s facially neutral policy that has a significant disparate impact on a protected group. For example, employers that use certain aptitude tests, physical requirements (for example, lifting or stamina), or degree requirements, may be subject to a disparate impact claim if the requirements disproportionately impact the members of a protected class. Disparate impact claims are typically filled on a class-wide basis representing all employees who are disparately impacted by the facially neutral employment policy.
In addition to pursuing wrongful termination claims based on protected characteristics like sex, age, race, and others, the Atlanta wrongful termination lawyers at Weiner & Sand LLC also pursue employers for violations of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). Under USERRA, an employer may not deny you initial employment, reemployment, retention in employment, promotion, or any benefit of employment because of your status if you are a past or present member of the uniformed service. USERRA applies to all employers, regardless of the employer’s size, and it applies to part-time and full-time employees. It does not apply to independent contractors.
The 2021 Lawdragon 500 Leading Plaintiff Employment & Civil Rights Lawyers
Generally, if you have been absent from your position of civilian employment by reason of service in the uniformed services, you will be eligible for reemployment under USERRA by meeting the following criteria:
(2) You have five years or less of cumulative service in the uniformed services in your employment relationship with a particular employer;
The Atlanta wrongful termination lawyers at Weiner & Sand LLC help aggrieved individuals when an employer violates one’s rights, whether the violation involves the USERRA or another federal law. If you believe that you have been wrongfully terminated, or even if you are not sure if the termination was wrongful under any law, please contact the employment attorneys at Weiner & Sand LLC to discuss the termination. Our Atlanta wrongful termination lawyers are available 24/7 to answer your questions. You can contact us by calling or by using our convenient online contact form below. We never charge a fee until we win the case.
0 comments
Post a Comment