Author: msaawe

The United States Federal Law has set specific guidelines for employers to follow when considering the termination of an employee’s contract. These set of rules address the freedom of the employer concerning violations of employment contracts. These address the agreement that the employer and employee had before or after resuming employment.

Discriminatory acts in the workplace may overlap with this area, but they come under a separate legal topic which is called Title VII. Discriminatory Law is based largely on the Civil Rights Act of 1964 and has become a growing branch of the Federal Law Code of the United States.

Employees that do not have a certain contract with their employers can challenge wrongful termination on the basis of the employee handbook. The handbook can serve as an agreement between the two parties.

What Is Considered To Be Wrongful Termination?

Employment Termination based on any of the following can be considered illegal and challengeable:

• Discrimination: An employer cannot terminate an employee based on their nationality, race, age, sex, religion, and (in certain jurisdictions) sexual orientation.

• Employee’s refusal to be involved in an illegal act: If the employer is asking the employee to commit an illegal act on behalf of the company, then the employer reserves no right to terminate the employment.

• Retaliation: If an employee has filed a discrimination complaint or has been part of an investigation pertaining to a discrimination case, they cannot fire the employee in retaliation.

• Termination procedure not being followed: If the employer is considering termination of an employee’s contract, the process must be according to the employee handbook. If the process is not followed, the employee reserves the right to file a wrongful termination claim.

Employment at Will

To pursue a wrongful termination claim, it is important for the employee must know the ins and outs of their employee handbook very well. In most wrongful termination cases, the employment at will doctrine can also play a major part. The employment at will doctrine is adopted by most states and claims that the employees are not bound by anything more than their will to work. Both the employer and the employee reserve the right to terminate the contract at any time.

This may be true to some extent, but in the case that the employer has signed a specific contract with the employee stating the terms of discharge, the doctrine does not apply.

Pursuing a Wrongful Termination Claim

For a person that claims that they were wrongfully terminated, having a good knowledge of the statutes of limitation is necessary for a successful claim. These limitations are the rules that dictate how much time may elapse between the discharge and the filing of the lawsuit. So, it is not advised to wait too long before you file the claim for wrongful termination against your employer. There also has to be a claim filed with the Equal Employment Opportunity Commission (EEOC) before the lawsuit can be filed.

The process is a bit difficult to understand for people who do not have detailed knowledge of the American Legal system, but there are reliable attorneys that can help you out with the process and the lawsuit.

Talk to an experienced Roselle wrongful termination attorney to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Employment discrimination takes many forms. Indeed, when it comes to race discrimination, you do not have to belong to a minority racial group in order to be a victim. Any discrimination in hiring or firing based on a person’s race is illegal under federal law.

White Worker Claims He Was Fired to Meet Racial Quota

For example, a federal appeals court in Chicago recently held a Caucasian (white) construction worker could proceed with an employment discrimination lawsuit. The employer was a joint venture of three construction companies hired to build a bridge over the Mississippi River to connect St. Clair County, Illinois, and St. Louis, Missouri. The job itself was subject to a collective bargaining agreement between the joint venture and two local labor unions. The Missouri Department of Transportation, which commissioned the bridge, also imposed certain federal hiring goals for female and minority racial hiring.

The plaintiff in this case was a union member working on the bridge project. About two months into the job, the plaintiff was laid off. The plaintiff alleged his superintendent told him that “my minority numbers aren’t right.” Another employee later said in a sworn affidavit that the same superintendent told him more explicitly that he had to fire the plaintiff “because there was an insufficient number of non-white workers at the Worksite.”

The superintendent denied there was any racial discrimination. He said the plaintiff was laid off because, at the time, there was no work for him. However, he acknowledged that for several weeks leading up to the layoff, the job site “had been out of compliance with its minority participation goal,” and accordingly he did hire a minority employee to fill a job the plaintiff was qualified for.

The plaintiff sued the employer in federal court alleging illegal employment discrimination. The trial judge dismissed the case, finding there was a lack of “direct evidence”–in other words, a “smoking gun”–proving there was racial discrimination. The plaintiff appealed.

The Seventh U.S. Circuit Court of Appeals, which oversees all employment discrimination cases from Illinois, agreed with the plaintiff that the trial judge prematurely dismissed his lawsuit. The appeals court said it was “puzzled” that the trial judge did not consider the superintendent’s alleged statement to the plaintiff as “direct evidence” of racial discrimination. The trial judge apparently made a distinction between the superintendent’s “decision not to rehire [the plaintiff] rather than his decision to terminate [the plaintiff].” But the Seventh Circuit noted the statement was allegedly made in the context of the superintendent explaining his decision to terminate the plaintiff’s employment. In other words, the discrimination when the plaintiff was laid off, regardless of whether there was further discrimination when he was not rehired.

Contact an Employment Discrimination Lawyer Today

Employment discrimination is not always easy to prove. There may not be a direct statement from a supervisor confirming discriminatory intent. But as the Seventh Circuit explained in the case above, even a collection of “scraps of circumstantial evidence” may allow a jury to conclude a person was fired (or not hired) for illegal discriminatory reasons. That is why if you suspect you have been the victim of an illegal job action, you should speak with an experienced Roselle employment discrimination attorney. Contact the Law Offices of Joshua D. McCann, LTD if you need to speak with an attorney about your case today.

Retaliation refers to the wrongful termination or punishment faced by an employee for reporting any illegal activity or unethical conduct of the employer or company, such as workplace safety violations, harassment, discrimination, and others. There are several laws that give workplace rights to employees and prohibit retaliation. They provide protection to employees from being fired or confront negative actions when they report against their employer. According to many federal and state laws, any form of retaliation is illegal, making employees eligible for compensation.

The Types of Evidence Required for Proving Retaliatory Discharge

When you file a retaliatory discharge lawsuit, you need to produce evidence showing link between the protected activity and the retaliatory conduct. The two types of evidence that can establish this connection are: direct evidence and circumstantial evidence.

Direct evidence includes any written or verbal statement indicating that your employer terminated you because of the participation in a protected activity or your complaints. Some examples of direct evidence are emails, conversations, and letters. Circumstantial evidence refers to events that happened during the time of termination and your participation in protected activity. It may include actions of your employer after or prior to firing you, such as demotion, making work difficult, and others. Such actions are indirect evidence showing that the employer retaliated.

The Elements of a Retaliatory Discharge Case

In order to prove that you were victim of retaliation to a court or the Equal Employment Opportunity Commission (EEOC), you need to show that:

• You were terminated, fired, or punished in a certain way by the employer.

• You rightfully opposed to the unlawful acts of your employer or participated in protected activities.

• There is a direct or indirect relationship between the protected activity and your laying off from the employment.

It is imperative to establish that you were terminated because of your participation in protected activity instead of any other reason. In some cases, the employers casually admit to their retaliatory conduct and makes things easier for you, as it is a strong evidence to prove your case. However, if they don’t make such confessions, you may have to use indirect evidence to prove retaliation. For example, timing is an important indicator that can help you establish a link between the events. Moreover, if you are fired for poor performance while your performance reviews show otherwise, you can use this to prove of your retaliation case.

What Damages can you recover from a Retaliatory Discharge Case?

If you file a claim against the employer with the help of your attorney wrongful termination attorney, you may recover damages such as:

• Punitive damages

• Back pay

• Attorney’s fees

• Emotional distress and mental anguish

• Future wages

Talk to an experienced Roselle wrongful termination attorney to discuss your case and get the rightful compensation for your losses. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

As an employee of any firm or organization that operates in the United States of America, there are certain employee rights that everyone should be aware of. The rights of employees as declared by law are something that every registered company in the United States needs to adhere to and an inability to do so means that the employee can challenge the company in court.

In the United States, the Employment Discrimination Law derives from common law. Employment discrimination in the private and public sector is directly addressed and implemented by the constitution of the United States of America, but has now become one of the rapidly growing bodies of the United States Federal Law.

Federal Law Prohibition

The Civil Right Acts of 1964 is the main basis that forms the Employment Discrimination Law and is evidence that people fighting for their rights get justice if they approach the problem with determination. The Discrimination Law addresses areas of:

• Hiring

• Recruiting

• Promotion policies

• Job evaluations

• Compensation

• Training

• Disciplinary action

Under Federal law, there are specific subjects, on which the employer cannot base the hiring or termination of any employee at any time. These include:

• Sex

• Race

• Religion

• Pregnancy

• Disability

• Geographical origin or Nationality

• Age (employees over 40)

• Disability

• Debts status or Bankruptcy

• Military service

• Status of Citizenship

• Genetic Information

Discrimination and Harassment

It is important to take note that discriminatory acts can occur in the work place from any direction. Be it a superior not being fair to a person of a certain race, sex or age, or a co-worker who has been making jokes evidently or subtly. Any form of verbal slander towards a person due to their difference in appearance, age or disability can be counted as legally actionable.

It is also illegal for an employee to assume that a certain employee is unfit or incapable based on their disability.

How to Proceed

According to the United States Federal Law, companies or employers that have in any way discriminated employees which includes both, unfair treatment or evident discrimination, can be legally pursued by the employee. It is also illegal for the employer to retaliate against the employee who has filed the complaint.

There are certain laws that pertain to discrimination in the workplace, and certain situations may not fit the criteria. However, if they are related to any of the mentioned above aspects, legal action can be taken. If an employee feels that they are experiencing discrimination in the workplace, they can file a complaint with the EEOC (Equal Employment Opportunity Commission).

For employees facing any difficulty in the complaint filing process, they can acquire the help of reliable attorneys that have been working in this field. They can guide the employees through the filing process and can represent them accordingly in court.

Talk to an experienced Roselle wrongful termination attorney to discuss your case. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Acquiring genetic information from employees is a form of employment discrimination, where an employer or insurance company treats people differently based on their genetic mutation. The genetic information also provides information about an inherited disorder, which may result in biasness and discrimination at various levels in a workplace. If you think you have been subjected to genetic information discrimination, you may have some questions in your mind. Here we have answered some of the frequently asked questions that clients ask from our attorney.

Q: What is meant by genetic information?

A: Genetic information comprises of specifications about:

• The genetic tests of an person

• The manifestation of a disorder or disease in the family medical history of a person

• The genetic tests of the family members of a person

• The receipt of or request for the genetic services of an individual

• The genetic makeup of a child or fetus carried by a person

Q: What federal and state laws protect against genetic information discrimination?

A: The Genetic Information Nondiscrimination Act (GINA) is a federal law that was passed in 2008. It prohibits health insurers from reducing or denying health coverage or charging higher premiums to a healthy person based on their genetic predisposition of developing a disorder or disease. The workplace discrimination is addressed in the Title II of GINA. It applies on all US employers with 15 or more workers. The state law for genetic information discrimination is the Genetic Information Privacy Act (GIPA).

Q: Who is not covered under GINA?

A: Individuals who are already diagnosed with conditions with a genetic basis or have impairments are not covered under GINA. This may include certain forms of cancer, diabetes, and other conditions. Such people are covered under the Americans with Disability Act (ADA).

Q: Are there any exceptions to GINA?

A: The EEOC has designated a few exceptions to the statutory limitations of GINA, including, but not limited to:

• Obtaining family medical history when filling out FMLA leave certification

• Information gathered from resources that are publically available, like newspapers or the internet

• Unintentional acquisition of genetic information. For example, a fellow employee telling about another employee’s illness

• Acquisition of information through a genetic monitoring program where employee participation is voluntary

Q: Is my employer legally bound to keep my genetic information confidential?

A: Yes. Any genetic information that your employer has gathered under the exceptions of the EEOC must be kept in a confidential medical record. If any labor organization, employer, or employment agency possessing genetic information must maintain the medical record in separate files.

Discuss your Case with an Employment Discrimination Lawyer Today

If you think you are a victim of genetic information discrimination at your workplace, then you should get in touch with an experienced and qualified Roselle employment discrimination attorney to provide legal counsel for your case. Contact the Law Offices of Joshua D. McCann, LTD if you would like to consult a professional lawyer.

If you think you were terminated for an unlawful reason, you have the right to file a wrongful termination case against your employer. However, proving and receiving damages against a wrongful termination action is challenging, involves complex legal proceedings, and requires producing solid pieces of evidence to support your claim. To make things easier and increase your chances at winning the case, it is best that you get legal assistance of a wrongful termination attorney.

When a Termination is Considered Wrongful?

Wrongful termination refers to situations where an employer has laid off a worker for illegal reasons. They include firing:

• As a form of sexual harassment

• In retaliation to the employee’s action of filing a complaint against the employer

• In violation of state and federal anti-discrimination laws

• In violation of labor laws

• In violation of written and oral employment agreements

Some of these violations will result in employer paying for damages based on lost wages and other expenses, while others carry statutory penalties. There is also a possibility that the court may order the employer to pay punitive damages to the worker.

When Should You Seek Legal Help?

Determining whether your termination was illegal can be difficult for you, which is why you should consult your case with a wrongful termination attorney. They will review the facts and let you know if you can file a case against your employer and about potential legal claims. They will guide you through the entire procedure for filing a claim and help you decide the best course of action.

The following are some situations where having a wrongful termination attorney can be very helpful:

• You filed a complaint for harassment or discrimination just before getting fired.

• Employer actions indicating that you were laid off for discriminatory reasons.

• You filed a complaint against some illegal actions of your employer or any other workplace wrongdoing, like shoddy accounting practices or overlooked workplace hazards, and got fired.

• You have a protected characteristic, such as pregnancy or disability, and were laid off after you disclosed it.

• You signed an employment contract and the employer breached its terms and conditions by firing you.

• The demographics of the workplace changed after firing you. For example, you were the only black or Asian manager or the single female employee in the company.

• You were fired for exercising a legal right such as taking Family and Medical Leave, voting, or anything else.

Your attorney will thoroughly study your case, help you gather evidence, and create a legal strategy. After winning the case, you may receive severance pay, unemployment compensation, or simply a calculated amount for your damages.

Talk to an experienced wrongful termination attorney to discuss your case and plan your way forward to get your career back on track. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

Under the Family and Medical Leave Act (FMLA), employees can take up to 84 days or 12 weeks of unpaid leave for medical reasons or to provide care to immediate or closely related family members. All local, state, and federal government departments and private and public schools are required by the law to uphold FMLA. For private employers, they must have at least 50 employees for 20 weeks or more a year to be covered by FMLA. This act provides protection to employees going on leave and ensures that they will be able to return to the same position they left after their unpaid leave period is complete.

Conditions for which FMLA Leaves are Applicable

Employees who are covered by FMLA are entitled to take up to 12 weeks worth of leaves over the course of one year. However, they will have to fulfill one of the following conditions:

• To help care for a child, parent, or spouse who has been diagnosed or suffering from a serious health condition

• The birth of a child and to provide care to a newborn within the first year

• The foster care of a newly adopted child within the first year of their placement

• To cope or recover from a serious medical condition that renders an employee unable to perform their duties at the workplace

• To provide care to a military service member who was seriously injured or suffering from a deliberating illness, for which an employee can take up to 26 weeks of work leave per year

Wrongful Termination under FMLA

If you meet any of the above conditions, you can take unpaid work leave under FMLA and return to your job when the period is over. FMLA prohibits an employer to retaliate or fire an employee for taking leaves. However, if the reason is not retaliatory, an employer can legally terminate you. For example, if your employer is reducing staff due to recession or any other legitimate reason and you are on FMLA leaves, you will not have any greater protection against termination or layoffs than other members of the staff.

If an employee suffers from a serious illness and takes leave to recover from it, an employer may make it mandatory for them to provide a medical certification, providing assurance that they are fit to return to work once the leave is over. If they are unable to comply with this request, an employer has the right to terminate the employee.

Filing a Wrongful Termination Charge

If you think that you were wrongfully terminated by your employer, you should consider filing a charge with the US Department of Labor (DOL). Find the nearest Wage and Hour Division of DOL’s Employment Standards Administration, and file a complaint.

However, it can be confusing to know whether you should file a charge against your employer. In order to understand your situation, it is recommended that you discuss your case with an experienced employment law attorney. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case with an experienced Roselle wrongful termination attorney and evaluate your legal options.

It can be frustrating to know that you are being fired when you think the employer had no valid reason to do so. Sometimes, factors in job performance lead the employer to make a decision to lay you off, while other times, it can be the difference in opinion or personal grudge that becomes the underlying reason for firing you. However, if you have been a victim of retaliation, whistleblowing, discrimination, or you refused to cooperate in an illegal activity, you can bring a wrongful termination case against your employer.

There are some common myths and misconceptions about wrongful termination claims you should know about so that you can take action promptly against your employer and get fairly compensated for your losses.

1. If you quit, you cannot sue your employer

One of the most common myths surrounding wrongful termination is that if an employee quits, they cannot bring a claim against their employer. However, there are situations where the working environment becomes intolerable, dangerous, or hostile for an employee, and they have no choice left but to quit their job. In such a case, they can still sue their employer. In addition, if they are forced to resign, it still makes them eligible for wrongful termination claim. If you find yourself in a situation where you are being forced to quit, you should consider discussing your case with an employment attorney to understand your rights and determine what legal steps can be taken.

2. Discrimination is the only ground for wrongful termination claims

Wrongful termination covers several aspects besides discrimination at workplace. Typically, wrongful termination refers to the violations of any rights stated in a public or company policy by an employer when they made the decision to termination an employee. Common types of wrongful termination claims include whistleblowing, violations of collective bargaining agreements, retaliation, or even reporting a discriminatory act by an employer against a colleague to the authorities.

3. An independent contractor or at-will employees cannot sue their employer

Whether you are an independent contractor or at-will employee, you have rights. If you are an at-will employee, you have the rights to bring a wrongful termination claim against your employer. Even your employment status is “at-will”, that does not mean your employer is immune from being sued for any of their wrongful conducts.

There have been many cases where independent contractors are misclassified, and should be put under the category of employee. If you have been misclassified, under Illinois law, you will be treated as an employees. Being an independent contractor, you may have other claims in addition to wrongful termination, if you think the employer had a malicious reason to terminate you.

If you have been fired for unfair reasons, you should not just accept your employer’s decision. You have legal rights that should be exercised. However, termination claims are risky and complex- that is why you should consider teaming up with an experienced wrongful termination attorney who has in-depth knowledge of Illinois employment laws and regulations and can guide you through the legal system. Contact the Law Offices of Joshua D. McCann, LTD today to discuss your case with an experienced Schaumburg wrongful termination attorney.

The bipartisan VA Accountability and Whistleblower Protection Act was passed by the Senate on June 6, 2017, which was signed into law in by President Donald Trump, with the aim to bring a significant reform to civil service. The bill comprises of statutes that will ease restrictions pertaining to termination and discipline of employees that is directed from the veteran affairs dependent. The law is designed to streamline the process of handling employee misconduct and give more power to make decisions to the Secretary of Veteran Affairs.

The need for introducing this act arose from the 2014 VA scandals that involved delays and long waiting times for veterans’ medical care, where VA employees were to blame. President Trump believed that this is a major reform as it is essential to ensure the veterans of our country are being treated with respect. The bill got great support from veterans’ advocacy groups, but received condemnation from civil servant unions.

Provisions of the VA Accountability and Whistleblower Protection Act

Let’s take a look at the provision of this act and how it affects veterans and other concerned groups.

• It provides protection to whistleblowers from wrongful termination or retaliation by keeping the secretary from using their power to terminate employees who file an official complaint with the Office of Special Counsel (OSC). This will give confidence to employees to bring into light the major issues at the Veteran Affairs department without the fear of facing retaliation or losing their job.

• The secretary is authorized to suspend, demote, reprimand, involuntarily reassign, or order a covered individual to step down from a senior executive service position that may lead to removal from civil service. If the secretary finds that their poor performance or misconduct warrants such an action, they will be subjected to a VA-internal grievance process that must be completed with a period of 3 weeks.

• The secretary is authorized to suspend, demote, or remove non-senior executive service (SES) employees for a period longer than 14 days without remuneration, as they would be subject to make an appeal of their suspension, demotion, or removal to the MSPB. The MSPB will be given 180 days to complete their investigations for the appeal, and come to a conclusion, which would be subjected to a US Federal Circuit judicial review.

• The new law requires the Veteran Affairs department to offer training to supervisors at least once a year on whistleblower rights. This will include training them about addressing a report made by a whistle-blower regarding reprisal, hostile work environment, or harassment. In addition, it will also help them to effectively manage, motivate, and reward employees, as well as handle employees performing at a below acceptable level.

• It requires the Veteran Affairs department to prepare and send reports to Congress on employee morale, highlighting the administrative actions that have been taken against employees. This will provide a picture of the effectiveness of these measures in disciplining employees.

To understand how the VA Accountability and Whistle Blower Protection Act can help in your situation, you should consider talking to an experienced Schaumburg employment attorney . Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.

The bipartisan VA Accountability and Whistleblower Protection Act was passed by the Senate on June 6, 2017, which was signed into law in by President Donald Trump, with the aim to bring a significant reform to civil service. The bill comprises of statutes that will ease restrictions pertaining to termination and discipline of employees that is directed from the veteran affairs dependent. The law is designed to streamline the process of handling employee misconduct and give more power to make decisions to the Secretary of Veteran Affairs.

The need for introducing this act arose from the 2014 VA scandals that involved delays and long waiting times for veterans’ medical care, where VA employees were to blame. President Trump believed that this is a major reform as it is essential to ensure the veterans of our country are being treated with respect. The bill got great support from veterans’ advocacy groups, but received condemnation from civil servant unions.

Provisions of the VA Accountability and Whistleblower Protection Act

Let’s take a look at the provision of this act and how it affects veterans and other concerned groups.

• It provides protection to whistleblowers from wrongful termination or retaliation by keeping the secretary from using their power to terminate employees who file an official complaint with the Office of Special Counsel (OSC). This will give confidence to employees to bring into light the major issues at the Veteran Affairs department without the fear of facing retaliation or losing their job.

• The secretary is authorized to suspend, demote, reprimand, involuntarily reassign, or order a covered individual to step down from a senior executive service position that may lead to removal from civil service. If the secretary finds that their poor performance or misconduct warrants such an action, they will be subjected to a VA-internal grievance process that must be completed with a period of 3 weeks.

• The secretary is authorized to suspend, demote, or remove non-senior executive service (SES) employees for a period longer than 14 days without remuneration, as they would be subject to make an appeal of their suspension, demotion, or removal to the MSPB. The MSPB will be given 180 days to complete their investigations for the appeal, and come to a conclusion, which would be subjected to a US Federal Circuit judicial review.

• The new law requires the Veteran Affairs department to offer training to supervisors at least once a year on whistleblower rights. This will include training them about addressing a report made by a whistle-blower regarding reprisal, hostile work environment, or harassment. In addition, it will also help them to effectively manage, motivate, and reward employees, as well as handle employees performing at a below acceptable level.

• It requires the Veteran Affairs department to prepare and send reports to Congress on employee morale, highlighting the administrative actions that have been taken against employees. This will provide a picture of the effectiveness of these measures in disciplining employees.

To understand how the VA Accountability and Whistle Blower Protection Act can help in your situation, you should consider talking to an experienced Schaumburg employment attorney. Contact the Law Offices of Joshua D. McCann, LTD today for a consultation.