Author: msaawe

Who is a Whistleblower?

A whistleblower is an individual who voluntarily discloses the misconduct and wrongdoing of their employer to the public. A whistleblower is usually a person of authority who willingly discloses illegal operations and misconduct of his/her employer in both private and public sector companies. In the U.S., whistleblowers are protected under the Whistleblower Protection Act of 1989. However, each state has its own protection laws for protecting whistleblowers. Speak to a highly skilled employment attorney to help you against whistleblower termination.

Some misconducts might include a drastic violation of company policy, illegal practices, fraud, corruption and many other dishonest activities. Whistleblowers face strict legal action apart from social stigma, termination from work and other dangerous consequences. This is why certain laws exist, which protects the rights of whistleblowers.

Understanding Termination as a Form of Retaliation

Companies use termination as the first form of retaliation against a whistleblower. Employers will take action to reprimand and punish any future whistleblowers from coming forward as an intimidation practice.

The rights of a whistleblower are protected under The Illinois Whistleblower Act. This law makes it unlawful for any employer to retaliate and terminate an employee if they report any illegal misconduct of the company. Although the Whistleblower Act does not include protection from governmental entities, the Act does cover any termination, wage reduction, demotion, refusal for promised promotions in future and write-ups. It also empowers whistleblower employees to cooperate in any ongoing investigations against their employer for unlawful operations and activities. However, the whistleblower must have strong evidence of misconducts and illegal operations of their employer.

If the employer is found to be in violation of any part of the Whistleblower Act, then the company and its owners may be liable to the employee in a civil suit. According to the Whistleblower Act, any employer found guilty of misconduct and illegal activities may be liable to the employee for injunctive relief. Sometimes this injunctive relief equates to twice the amount owed back to the terminated employee.

How to file a Complaint If a Whistleblower is Terminated?

To file a complaint successfully, the identity of the whistleblower must be kept confidential, unless circumstances require the disclosure of his/her identity by law. For state employees, if they want to disclose or threaten to disclose any unlawful activity, they have to contact the right authorities for protection. Speak to an experienced employment attorney if you have been terminated for whistleblowing. You will receive protection against the State Officials and Employees Ethics Act if you choose to file a complaint against termination.

If you want to know more about things to remember when hiring a lawyer or want to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced whistleblower termination lawyer.

The term ‘wrongful termination’ is an event where an employer fires or terminates an employee for reasons that are prohibited by law. However, there are several U.S. laws in that provide protection to employees against wrongful termination, especially when the case involves discrimination, sexual harassment, breach of contracts, violation of policy, or whistleblowing.

For instance, Title VII of the Civil Rights Act of 1964 prevents an employer from discriminating against an employee on the basis of their age, gender, religion, color, race, national origin, sexual orientation, disability, pregnancy, or other characteristics. Also, there are different other statutes and laws prohibiting employers from showing prejudice and using illegitimate reasons to terminate employees.

Wrongful Termination: What Should You Do?

If you have been fired due to illegitimate reason by your employer, here are some tips you must follow to protect your position:

• If you take legal action, hire a wrongful termination lawyer for advice and representation.

• Evaluate your employment contract and learn the reason for your termination, along with the personnel who were responsible.

• Request all documents pertaining to your termination in writing and request a severance package.

• To avoid providing them with a valid reason for your termination, return all company assets and adhere to common post-employment procedures.

• Under no circumstances, do not allow yourself to get intimidated. Do not make threats or act on any negative instincts against your employer. Those actions can be used against you in court.

What Are Your Rights?

If you have been fired or laid off and believe the reason was illegal or goes against the contractual agreement between you and your employer, you are legally entitled to pursue a claim for wrongful termination by hiring an experienced wrongful termination lawyer. They will help you understand your rights and help you make an informed decision.

There are several legal remedies that may help you seek justice and recover damages. In case your name has not been officially released from the company, your wrongful termination lawyer may try to negotiate a severance package that contains adequate compensation. If things do not crystallize, your attorney will formulate a strong case in your favor, ensuring you are able to obtain the maximum amount of compensation.

If you want to know more about wrongful termination or schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced wrongful termination lawyer.

The term “Retaliatory” is analogous to “revenge”. Retaliatory discharge is a legal term which refers to an instance when an employee is terminated by their employer for a reason that is unrelated to their work-performance. As per many state and federal laws, retaliatory discharge is considered as wrongful termination as it is illegal conduct. If you believe that you have been victimized by your employer, you should immediately seek legal counsel from an experienced employment discrimination lawyer to learn about your options and check whether you have a valid claim or not.

What Are the Elements for Proving Retaliatory Discharge?

Though laws pertaining to retaliatory discharge vary from one state to another, the employee must prove three points in order to make a successful retaliatory discharge claim:

• The employee lawfully and rightfully opposed the discriminatory acts of their employer or took a part in “protected activities”.

• The employee was harshly punished by the employer (demoted, terminated, fired, or otherwise).

• There is a separate connection between the protected activity and the firing.

What Is a Protected Activity?

Primarily, there are two types of protected activities. First one is disagreeing with the employer’s discriminatory acts. For instance, an employee declines to fulfill their employer’s order to write a discriminatory or invasive note to a colleague. However, the employee must demonstrate that they had a valid reason to believe that their employer’s acts were prejudiced and/or unlawful.

The second type relates to the participation in court hearings or police investigations regarding the illegal practices of their protection. There are several statutes including the Whistleblowing Protection Act which provides protection to employees. Even though the results of the investigation are inconclusive, an employer has no right to terminate the employee and doing so will provide grounds for a retaliatory discharge lawsuit

Evidence Required to Prove Retaliatory Discharge

In order to succeed in a retaliatory discharge lawsuit, the employee must provide proof of the connection between the protected activity and their termination. This can be accomplished by providing circumstantial or direct evidence. The latter evidence may comprise of a verbal or written proof such as an E-mail, phone conversation, or letter showing that the employer fired you because you participated in protected activity. Circumstantial evidence, on the other hand, may not be verbal or written but may comprise of employer’s pattern or previous history showing retaliatory discharge.

Why You Should Hire a Lawyer

In most cases, it can be extremely difficult to prove a retaliatory discharge, especially if you only have circumstantial evidence and no concrete proof. Therefore, having a competent employment discrimination lawyer on your side is critical for a successful claim as they will navigate you through all the intricacies and complexities related to your claim.

Moreover, if you have a poor record of attendance or other issues related to work, the defense counsel may try to cite that as a ground for firing. Your employment discrimination lawyer will refute their claims by devising a strong case in your favor and presenting facts and evidence that will put you in a strong position.

If you want to know more about Retaliatory Discharge or want to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment discrimination lawyer.

Unfortunately, discrimination is a common issue in the United States that can occur in any workplace. However, this prejudicial behavior is no longer limited to race, color, religion, disability, or sex, but it has extended to marital status as well, particularly when it comes to single parents, especially single mothers.

Partiality against single moms at a workplace falls under the umbrella of marital status discrimination. It can take several forms; in some cases, it is more subtle and in other, it is quite more obvious. For instance, a single woman who is a mother may be deprived of a promotion, fired from a particular designation, denied an employment opportunity, or receive discriminatory or offensive remarks from her colleagues or managers.

Discrimination against Single Mothers at Work

Single parents, especially mothers may be subjected to discrimination on several fronts. Any workplace that, knowingly or unknowingly, harbors a misogynist mindset may create several difficulties for a single mother, which may impact their ability to perform their respective duties. In addition to that, the historical prejudice against women automatically places them in the lower level of hierarchy compared to men.

When a company does not offer flexible work schedule to employees who are single mothers, they are presented with several challenges to balance their work and parenting, especially if they do not have access to suitable childcare. Not only does this deprive a child of quality parenting, but the employee herself is drained and unable to work as productively as they could had provisions been made for them.

If you believe that you have been treated in a different way from other employees solely due to the fact that you are a single mother who is raising a child on your own, you should initiate legal action against the company. Examples of marital status employment discrimination may include:

• Less qualified male employees or married women being promoted.

• Hiring policy that excludes single women with children.

• Work schedules for single mothers that they cannot commit to because of their obligations pertaining to childcare.

• Fabricated infringements made to rationalize dismissing single mothers.

• Creating a hostile workplace environment for single moms.

Should You Hire a Lawyer?

Hiring an experienced employment discrimination lawyer is extremely crucial for single mothers who seek redress for discriminatory and illegal treatment under employment discrimination law. Your attorney will analyze your case and work vigorously to pursue a valid claim on your behalf.

A skillful employment discrimination lawyer will devise a strong case in your favor and help you seek justice. Remedies may include rehiring in case you were terminated, promotion to the position or an equivalent position you lost and even an employment opportunity if you were unlawfully denied a chance to apply despite being eligible for the position.

A competent employment discrimination lawyer will also help you to obtain financial damages for any shock and discomfort, physical injury, or any mental distress that you may have been subjected to due to prejudice and biased treatment.

If you want to know more about workplace discrimination against single mothers or want to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment discrimination lawyer.

The Family and Medical Leave Act (FMLA) allows an employee to take a leave of absence to take care of their family when there is an extended medical problem with the employee or their family. Under FMLA, the employees are protected from discrimination, unfair discipline actions, being laid off or passed over for promotion, among other actions that an employer might take against them. However, there are certain conditions that an employee may fulfill in order to be eligible for FMLA.

Eligibility for FMLA

The parameters that an employee must meet in order to be eligible for FMLA are:

• An employee must be employed for at least a year.

• An employee must have completed a minimum of 1,250 hours.

• The business must have more than 50 employees.

An employee who fulfills these three conditions will become eligible for FMLA, even if the required period is greater than available sick days. In most cases, these leaves are reserved for circumstances such as paternity and maternity, prolonged illness, or taking care of ill family member(s).

In an event where an employee is suffering from a severe health condition due to which they are unable to perform their job, a medical certificate may be required.

Initiating a Legal Claim

The Family and Medical Leave Act is applicable to all employers in the United States, prohibiting any type of discrimination against employees when they are trying to exercise their rights. If you are fired for requesting FMLA leave, you can initiate legal action against the employer by hiring a family and medical leave act lawyer.

In their defense, the employer may try to state that the reason for your termination was related to poor attendance, behavior, or performance issues. However, if you have not violated any terms of your employment or engaged in criminal behavior, your family and medical leave act lawyer can rebut those defenses and protect your legal rights.

Furthermore, Illinois is extremely stringent when it comes to eligibility requirements. For instance, an individual needs to be a full-time employee in order to be eligible for FMLA. A family and medical leave act lawyer can devise a strong case in your favor to protect your interests and help you take a stand against the wrongdoings of your employer.

If you feel like you have been denied FMLA leaves by your employer despite your eligibility or want to schedule a free consultation session with an experienced family and medical leave act lawyer, contact the Law Offices of Joshua D. McCann, LTD.

There are several anti-discrimination laws which prohibit employers from treating their workers differently based on their attributes that are unrelated to job performance. When an employer shows prejudice behavior against an employee due to certain characteristics or background, it causes a violation of guarantees for due process and equal protection provided by the constitution of the United States.

What Constitutes as Employment Discrimination?

It is important to understand that not all types of classifications are eligible for protection against workplace discrimination. Individuals are protected against discrimination based on their age, gender, sexual orientation, race, pregnancy, medical history, national origin, and religion. Moreover, it is also prohibited for employers to show prejudice based on their employee’s marital status or political affiliation or views.

What Types of Conduct are Prohibited?

There are different types of conduct that may constitute employment discrimination; some of the key ones include the decision to hire, fire, or promote. Moreover, an employer must not discriminate when determining salary, bonus, and holiday vacation time.

Additionally, any sort of harassment or provocation due to certain characteristics of an employee may also constitute as employment discrimination and lead to severe consequences for the employer. If you have been a victim of any of these conducts and believe that you have a valid claim, you can hire an employment discrimination lawyer to initiate legal action.

Do You Need a Lawyer to File an Employment Discrimination Claim?

Firstly, an employee must file a complaint with the Equal Employment Opportunity Commission (EEOC). If their investigation finds that your claim is valid, the EEOC will work with both parties involved in the case to reach a settlement. However, in case the case does not settle, an employee will be issued a “right to use” letter, which will enable them to initiate a legal claim against the employer.

Employment discrimination cases can be extremely complicated and difficult; therefore, it can be highly beneficial for your case to procure legal services of a competent employment discrimination lawyer.

There are many options available in such cases including, but not limited to, hiring, promotion, reinstatement, and back payments. A skillful employment discrimination lawyer will devise a strong case in your favor and protect your legal interests throughout the litigation process.

If you want to know more about this subject or want to schedule a free consultation, contact the Law Offices of Joshua D. McCann, LTD to talk with an experienced employment discrimination lawyer.

The term discrimination is often thrown around when an individual feels singled out or faces an unfavorable situation. However, when it comes to legal perspective, discrimination refers to a prejudicial or unjust behavior towards an individual or group of people on the grounds of certain characteristics. These characteristics may include age, gender, religion, race, ethnicity, national origin, marital status, and disability, among others.

In the United States, about 4 in 10 working women claim that they have faced prejudiced and discriminating behavior due to their gender, as per pewreserach.org. The U.S. Equal Opportunity Commission categorically states that on-the-job discrimination is illegal under different federal laws, including:

• Title VII of the Civil Rights Act of 1964

• Equal Pay Act of 1963, Age Discrimination in Employment Act of 1967

• Titles I and V of the Americans with Disabilities Act of 1990

• Sections 501 and 505 of the Rehabilitation Act of 1973

• Uniformed Services Employment and Reemployment Rights Act of 1994

What Is Considered as Discrimination?

It is important to understand that not all types of discrimination will result in the violation of discrimination laws. There are some kinds of discriminatory behaviors that are legal and do not provide the basis for civil rights infringement.

For example, if an individual with 3 pet dogs fills out an application for renting an apartment, but their application is rejected by the landlord as (s)he does not want dogs in their apartment. In this case, there is no violation of civil rights as the applicant was solely discriminated due to their status as a pet owner.

Let’s take another example, if an individual with certain religious beliefs says Hinduism while filling out an application for renting an apartment, but their application is rejected by the landlord due to their religious background (the homeowner preferred to have Christian tenants in their building) then in such a scenario, the civil rights of an individual have been violated as they have been discriminated due to their religious background.

These are just a couple of examples, but it may provide you an idea of what constitutes as discriminatory behavior. Discrimination can occur in employment, education, health care services, housing, public accommodations, lending and credit, transportation, and a different number of settings.

For instance, if you have faced a rejection from the job and you believe the decision was not based on the merits or your qualification, but the prejudiced behavior was related to your characteristics, you can contact an experienced employment discrimination lawyer to pursue a legal claim against the wrongdoer to assess whether you have a valid claim.

A skillful employment discrimination lawyer will assess your case based on the facts and evidence that you present to them. If there is a valid claim, they will collect evidence and devise a strong case in your favor to help you seek justice.

Using their proficiency and knowledge related to several anti-discrimination laws, a competent employment discrimination lawyer will ensure that your rights remain protected and your employer cannot act against you with immunity from law and order.

If you want to know more about this subject or want to schedule a free consultation with an experienced employment discrimination lawyer, it is highly recommended for you to contact the Law Offices of Joshua D. McCann, LTD at (847) 450-1103.

The modern society that we live in is becoming more tolerant and accepting, but unfortunately, the disability discrimination in the workplace still exists around the world. In the United States, there are multiple state and federal laws such as Americans with Disabilities Act (ADA) that provide protection to disabled individuals from being discriminated or harassed at a workplace, and, as a matter of fact, in all areas of life including private and public places. Therefore, if you believe that you have become a victim of disability discrimination, you should consider initiating a legal claim against the employer by hiring an experienced employment discrimination lawyer.

What Is Disability Discrimination?

Disability discrimination can be referred to a prejudice or partiality behavior against a qualified individual, such as treating an applicant or employee unfavorably, solely due to their disability (or their prior history of disability).

In order for an individual to be protected under discrimination disability, they must be qualified for the job and have a disability condition defined as per the law. The latter prerequisite can be demonstrated in one of the three following ways:

• An individual has a mental condition that considerably limits their life activity such as walking, seeing, hearing, talking, etc.

• An individual has a medical history of a disability (for example, remission cancer).

• An individual has a mental or physical condition that is not minor or transitory (expected to last more than 6 months).

If an individual is unable to demonstrate any of these 3 conditions, they may not be protected under the anti-discrimination law and may seek a different legal route. A competent employment discrimination lawyer can help you to establish that you suffer from a disability to help you get justice.

Protection Under Disability Discrimination Law

A qualified disabled individual is protected under anti-discrimination laws such as Americans with Disabilities Act (ADA). Here are some of the rights provided to a qualified individual to prevent disability discrimination at the workplace:

· The law prohibits discrimination pertaining to any aspect of employment; which includes, but not limited to, hiring, firing, salary, promotion, fringe benefits, training, amongst other terms of employment.

· The law forbids any sort of harassment against an applicant or employee due to their disability. For instance, passing offensive or derogatory remarks about their disability or any disparaging behavior that is frequent and severe, and may result in a hostile work environment.

· The law also requires an employer to provide ‘reasonable accommodation’ to a disabled job applicant or an employee, provided that doing so would not cause ‘undue hardship’ to the employer. The ‘reasonable accommodation’ may include a change in the work environment or providing assistance such as providing wheelchair accessibility at the workplace. The ‘undue hardship’ means that accommodation will be expensive or difficult to provide, assessed by taking employer’s financial resources and different other factors into consideration.

If you experienced discriminatory behavior due to your disability and are seeking a legal remedy, having an employment discrimination lawyer on your side can be invaluable for your case. From filing a claim to gathering evidence, your attorney will handle all the work pertaining to your case and ensure that your legal rights remain protected throughout the litigation process.

If you want to know more about this subject or want to schedule a free consultation with an experienced employment discrimination lawyer, it is highly recommended for you to contact the Law Offices of Joshua D. McCann, LTD.

The concept of whistleblowing is not something new in the United States. Since its inception, the US has embraced and promoted a culture of civic and public responsibility in order to protect the interests of the general public. In the modern corporate culture, whistleblowing happens to be an important aspect, which helps the US government to recover billions of dollars per annum in illegal profits and illegitimate funds.

What Is Whistleblowing?

Whistleblowing is an act of disclosing illegal conduct at work that is in violation of regulations applicable to the company or laws prevailing in the jurisdiction. For instance, if an individual reports fraudulent activity such as money laundering, shareholder fraud, dangerous products, or tax evasion, it can be referred to as whistleblowing.

Whistleblower Termination

Under the Whistleblowing Act, an employer is prohibited from firing an employee for whistleblowing on certain illicit, illegal, and unethical activities. As per this statute, if an employee has reasonable grounds to believe that they need to disclose certain information, which may be deemed as a violation of a state or federal law to appropriate authorities, then the employer must not retaliate against that employee.

The Whistleblowing Act along with many other statutes applicable to a business entity protects employees from potential consequences of exposing the fraudulent activities by ensuring anonymity, confidentiality, and protection, if necessary. For instance, the Sarbanes-Oxley Act includes whistleblower protection for employees who disclose shareholder fraud or financial discrepancies and irregularities, among other illicit activities taking place in an organization.

If you are asked to engage in an illegal transaction or business conduct and the refusal costs you losing your job, then you may have a solid claim for wrongful termination. Some examples may include refusing to conceal material information from the auditor, filing incorrect tax returns, or perhaps authorizing an illegal financial transaction. If any of these or similar type of incident occurred at your workplace and you lost your job for not facilitating their illicit behavior, then you should seek legal counsel from an experienced wrongful termination lawyer.

Your wrongful termination lawyer can help you to obtain a rightful compensation by filing a retaliation or whistleblowing case against your employer. The damages may include back payment, reinstatement or front payment, out-of-pocket losses, and costs related to legal proceedings. In some cases, a competent wrongful termination lawyer may also be able to seek punitive damages, and bounty for protecting the public interests, which are mostly a percentage of total sanction against the employer.

If you want to know more about this subject or want to schedule a free consultation with an experienced wrong termination lawyer, it is highly recommended for you to contact the Law Offices of Joshua D. McCann, LTD.

Unfortunately, discrimination still exists in the United States, especially within the workplace environment. The prejudicial treatment on the basis of race, caste, creed, religion, and sexual orientation may lead to unfair treatment, which may not only create an uncomfortable environment for the employees but also put them in financial disadvantage.

The most common consequence of this bias is unequal pay, known as compensation discrimination. The compensation does not only include base salary but also includes other forms of pay such as bonuses, overtime pay, profit sharing, life insurance, vacation, allowances, reimbursements, among other benefits.

Discrimination and Holiday Bonuses

Employers and managers may show prejudice and unjust attitude towards certain employees by not providing them with bonuses that they are actually entitled to obtain. Primarily, there are two main type of bonuses.

Firstly, there are performance-based bonuses which are paid to employees based on their, as the name suggests, performance or achieving targets. There are certain steps that an employer can take in order to stop an employee from achieving the targets that may qualify them for a bonus. For instance, not providing them with certain tasks or perhaps excluding them from meetings.

Secondly, there are bonuses which are paid to everyone regardless of any factor or condition attached such as holiday bonuses. In this case, the employer can demonstrate partiality by not providing them holiday bonuses. For instance, a Hindu or a Muslim employee may be denied Christmas bonus on the grounds of their religious beliefs.

However, Title VII prohibits employers from discriminating against employees. Thus, it is imperative that employers show equal treatment towards all their employees when providing holiday bonuses. This means that if one employee is given a holiday bonus, then every other employee should also be entitled to the bonus as per their designation, despite their religious background, cast, ethnicity, or sexual orientation.

How Can A Lawyer Help?

If you are denied holiday bonus due to the discriminatory behavior of your employer, then you can file a claim against them by procuring services of an experienced employment discrimination lawyer to seek bonus payment that you were rightfully entitled to obtain.

Using their vast experience and knowledge related to statutes that are applicable to your case such as Title VII, Equal Pay Act, among other discrimination laws, a competent employment discrimination lawyer will construct a solid case in your favor.

A seasoned employment discrimination lawyer will protect your rights throughout the litigation process and may help you to obtain a favorable settlement offer, which will help you to avoid tedious and time-consuming battle in the court.

If you want to know more about this subject or want to schedule a free consultation with an experienced employment discrimination lawyer, it is highly recommended for you to contact the Law Offices of Joshua D. McCann, LTD.