5 Most Common Legal Problems at Work

If you are employed at any workplace, whether it be a fast-food restaurant or a corporate office, you are entitled to certain rights and treatments that fall within the guidelines of federal and state law, as well as your human resources employee handbook. 

Sometimes, however, conflicts ensue or things happen that violate your rights as an employee. In this case, an employment law attorney would help you stand up for your rights and get the compensation you deserve.

Not sure if you fall within this bracket? Today, we’re breaking down the most common legal problems employees face in the workplace. Whether you’re a current employee or a job seeker, it is important to know your rights and be educated. If you feel like your situation aligns with any of these types of cases, reach out to an attorney immediately.

1. Workplace Safety

Employees should feel safe in the workplace, especially when working with hazardous chemicals or dangerous equipment. Proper protective equipment and procedures should be used to minimize any injuries.

The most common type of workplace safety complaint is slip and fall injuries. These claims are typically due to employer negligence over the conditions that caused the injuries. Companies should provide adequate warnings over wet floors or slippery sidewalks or weak stairs, etc.

1. Wrongful Termination, Discipline or Demotion

Do you feel like you were wrongfully let go from your job without a good reason or for something you did not do? Perhaps you were disciplined with a suspension without a warning or demoted from your position without proper escalation procedures.

Cases like these can be devastating to an employee as they cause emotional stress and can impact them financially. They should not be taken lightly. A worker can make a case against the company if they are terminated for a variety of reasons. Here are some examples:

• Being treated differently from other employees
• Complaining about safety issues
• Being too old or too young
• Reporting illegal activities
• And more

1. Invasion of Privacy

If your employer has used your name or photos in advertisements or other promotions without employee your content, this constitutes an invasion of privacy case. This a violation of privacy and also possibly implies employee endorsement of the company’s products.

Other violations of privacy include taking photos or videos and posting them on social media without the employee’s permission. Recording conversations without permission is another example of an invasion of privacy. This includes phone calls where someone is recorded without their knowledge.

If your company used any private data they have about you on file, such as age, gender, address, etc., for their own personal gain, you could be entitled to compensation and should file for a case of invasion of privacy against them. Overall, be aware of your surroundings and how your employer handles integrity and privacy in their treatment of employees.

1. Discrimination or Harassment

Discrimination tops the list as the most common legal case filed by workers. It is defined as unfair treatment based traits that do not define one’s character. The federal government has laws expressly forbidding discrimination on national or ethnic origin, sex, age, religion, disability, gender preference, and retaliation.

According to statistics, the following discrimination cases are filed yearly, in order of the highest number of cases:

1. Retaliation (42.8%)
2. Race (35.0%)
3. Sex (29.3%)
4. Disability (28.6%)
5. Age (23.2%)
6. National Origin (10.8%)
7. Religion (4.0%)
8. Color (3.1%)
9. Equal Pay (1.1%)
10. Genetic information (0.4%)

Harassment refers to offensive jokes, slurs, name-calling, physical assaults or threats, intimidation, ridicule, insults, offensive pictures, and more. It also includes sexual harassment. Workplace harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal regulations.

Harassment becomes unlawful when:

• The employee must endure the offensive conduct in order to continue being employed.
• The conduct is severe or pervasive enough that a reasonable person would consider the workplace intimidating, hostile, or abusive.
• A supervisor’s harassment results in a difference in the employee’s salary or status.

1. Illegal Labor

Illegal labor is defined as work that is done by an employee that is not either a legal citizen of the U.S. or does not have legal permission to work in the U.S., such as a green card. About eight million of the nearly 11 million immigrants unlawfully in the U.S. participate in the labor force. They account for about 5 percent of all workers, according to the Pew Research Center.

Your company should be hiring employees that can work legally in the United States and conduct the proper background checks or identification checks required. Child labor can also be a subject of legal action.