Workers may not realise that they have rights, and are protected under employment law. Despite these protections put in place, many employers violate rights, without consequence. This is why workers should educate themselves to know when their rights have been impacted.
The situations listed below are common illegal occurrences in the workplace. So, if you’ve been affected by any of these scenarios below, an employment lawyer should be contacted immediately. A lawyer will be able to assess the situation and fight to get you the compensation you deserve.
1. Not Adhering to Employment Standards
Employment standards are a set of rules and regulation, you are entitled to by law. These standards vary depending on the region you live in. That is why you should educate yourself to know what your region’s standards are, and what you are legally entitled to, as a worker. Typically, an employment standard act is designed to protect workers from being underpaid, ensure they are receiving breaks, vacation time, and sick leave.
So, if you’ve been denied breaks while working, or have been paid below the minimum wage, you may be eligible for compensation. Contact an employment lawyer to review your circumstances, and the law of your region, to better determine if you’ve been treated unfairly.
2. Wrongful Dismissal
If you’ve been fired from a position without reasonable notice, or severance pay, you may have a case against your former employer. Typically, an employee that has worked three consecutive months with that employer, is entitled to two weeks of notice, or two weeks of pay. Further, when dismissing an employee, the employer should provide a reasonable explanation for why they are being terminated. If they are unable to provide a valid reason, and are denying you of two weeks’ pay, you have been wrongfully dismissed. Contact a lawyer who can help you retrieve lost wages.
3. Constructive Dismissal
Many do not realise when they have been affected by a ‘constructive dismissal’, as they may feel it is their fault. A constructive dismissal, is when an employer changes the conditions of the employee’s work, without consent. An example of this, is drastically reducing an employee’s hours. Cutting an employee’s hours, can cause them to quit and find another job. If an employer is practicing these methods as means to drive an individual our, it is illegal, and an employment lawyer should be contacted immediately.
4. Breach of Contact
An employment contract sets out the terms of your employment, and is signed upon hiring. This document may cover things, such as your job description, wage, vacation, sick leave, benefits, and termination. So, if your employer suddenly changes any of these terms without your consent, you may be able to sue for breach of contract. An example of this is a change in salary, benefits, or sick leave without proper notification.
If you have been treated unjustly in the workplace due to: age, sex, religion, ethnicity, ability, sexual preference, marital status, or family status, you may be eligible for compensation. Unfair treatment by an employer is considered to be: a denial of goods, services, facilities, or accommodations based on any of the above.
For example, if you have a hearing impairment, and your employer refuses to provide necessary aids for you, this is illegal. Other situations can include: different pay scales based on sex, denial of promotions based on race, or refusing to employ someone based on religion. So, if you’ve been withheld an opportunity because of discrimination, and suffered from it, contact a lawyer immediately.