Sexual Harassment – Situations And Aftermath

Sexual harassment could be any kind of bullying, coercion in exchange of sexual favors. It includes unwelcome sexual advances, request for sexual favors or any other physical or verbal harassment sexual in nature. Sexual harassment law in detail states – ‘any unwelcome sexual gesture or behaviour whether directly or indirect; physical contact and advances; showing pornography; a demand or request for sexual favours; any other unwelcome physical, verbal/non-verbal conduct being sexual in nature’.

Legal and social understanding of sexual harassment however varies from culture to culture and therefore have different legal definition in every jurisdiction. The harasser can be the victim’s supervisor, a co-worker, or a third person such as the client. Victim could be of any age or gender. In many countries sexual harassment is considered as a form of illegal employment discrimination.  Sexual harassment may occur in a variety of circumstances in workplaces, outdoors, schools, offices or in industries such as fashion and modelling. Listed below are some situation which are considered as harassment:

– Any perpetrator with an intent to harm or exploit the modesty of a person (both men and women)

– Perpetrator may be completely unaware that his or her behavior is offensive or constitutes sexual harassment

– Any incident or situations in which the harassed person may not be aware of or understand what is happening

– Victim and the perpetrator can be of any gender

– Incident can result from a situation in which the perpetrator thinks they are making clear and isn’t understood by the other person as intended

– Any showcase or distribution of obscene media or content through an print, internet or a mobile medium

– Seductive or sexist attitudes towards colleagues, subordinates, students, etc.

Sexual harassment affect the victim academically, professionally and socially. Humiliation due to scrutiny or gossip, fear of repeated harassment, defamation of reputation are some of the factors that affects the victim. Given below are some of the other challenges that the victim may go through:

– Effects on sexual life and relationships: can put extreme stress upon relationships with other family members and relatives. Sometimes the victim is even divorced

– Employment challenge: Victim may be fired from the existing job, or may have to face denial for a job opportunity that not only affects their job and the sturdy flow of income, but also affects their career

– Social challenge: Having one’s personal life offered up for public scrutiny the victim becomes the “accused” and his or her dress, lifestyle, and private life often come under attack. They may even dropped out or drop themselves out from courses, or leave school or a workplace in fear of harassment repetition or as a result of stress. And they may consider to relocate to another city or a country

– Future impact: Victim may lose trust in environment which are similar to the place of harassment. And they will also be on constant alert and fear people with demeanor similar to the harasser

– Psychological stress and health impairment: Aftermath of the horrific event could have an adverse effect on the physical or the mental health of the victim. This could lead to depression, anxiety, panic attacks, sleeplessness, nightmares, feeling of shame or guilt, concentration hindrance, headaches, fatigue, loss of motivation, bodily aches, eating disorder, alcoholism, feeling of being betrayed, feel of anger and violence towards the perpetrator, feeling weak, increase in blood pressure, loss of confidence and self-esteem, withdrawal or the isolation syndrome, loss of trust in people, post-trauma stress disorder(PTSD), suicidal thoughts and hopelessness

– Weakening of support network: Victim may be ostracized from the society or the town, from the professional or academic circle. Sometimes even the friends, colleagues and family members distance themselves from the victim in order to remain to be part of the society

The laws on sexual harassment varies from countries to countries and states to states. Sexual harassment lawyer Joliet, are expert in understanding the nature of all the case. Many a times some very sensitive and distrustful people even view a normal smile, a greeting, or an offer to shakehand as suspicious activity or as an untoward advance. Lawyer are expert in going to the depth of the case and understand the every factor and proceed towards giving rightful justice to the victim.

 

Get Informed About Retaliatory Discharge

As the name indicates, a retaliatory discharge is termination of the employee from the job in retaliation of charges or claims that an employee has made against their employer. Let’s say an employee has reported illegal or fraudulent financial transactions that are produced by manipulation of the books of accounts and through creation of anonymous accounts. Employer terminating the employee thereafter, giving any random excuse are considered to be the victim of retaliatory discharge.

Retaliatory discharge could be given for carrying out any of the following protected activities. However, it is important to note that these all come under the legally protected activity and therefore an employee is not liable for termination for engaging with any of them.

– Reporting workplace harassment

– Reporting discrimination (whistleblower cases)

– Refusing to engage in any illegal activity or discriminatory behavior

– Not agreeing with the management for firing a subordinate without any valid reason

– Serving in the armed forces reserves

– Requesting overtime pay or any other additional benefits

Retaliatory discharge from the employment for engaging in activities that are protected under the law isn’t just unfair, it’s also illegal. People who suspect that they may have been victim of a retaliatory discharge have a choice to consult a knowledgeable attorney. The lawyer can review the situation, determine whether or not the person has a case, and take steps to help the person cover damages for lost work.

There have been a few cases of employees who have been shown doors after being hurt on the job because they plan to file or have filed claims with the workers’ compensation commission. Such claims raise employers’ costs for workers compensation insurance. Employers who fire injured workers do so with the hope that those employees won’t file or will withdraw their claims.

Retaliation cases are generally due to any of the following factor:

– Personal tussle and ego clashes between supervisor & their subordinates

– Employer willing to save their finances by giving them away to the victim

– Reporting discrimination or harassment at workplace

– Whistleblowing of illegal activity that an employer is engaged with

Retaliatory Discharge lawyer Evanston, are one of the largest and most experienced employment law firms who have years of practical experience in handling retaliatory discharge cases. With a goal to support the truth and helping out employee who truly deserve to get compensation for emotional and financial suffering, and to make workplaces better places for employees.

Before fighting back with their employer it is important for the victim to consult a trustworthy lawyer as retaliatory discharge not only incurs them financial losses due to lack of employment but also causes dent in their reputation. Sometimes it also makes it all the more difficult for the employee to find their next job causing physical and emotional suffering due to unemployment.

 

Tips To Follow Before Filing A Wrongful Termination

Court of law works on evidences and proofs. An employee who has been wrongfully terminated must have sufficient evidence which justifies their claims. Most companies have ‘at will’ policy under which either party (i.e the employer or the employee) could terminate employment at any time. For filing a wrongful termination, an employee must produce sufficient fact about their illegal termination in the court of law.

Before filing a wrongful termination, a person must keep track of some records of info and should follow a few steps guide as listed below.

Track and store event information: Record all circumstances of termination, timeline of events, email correspondence, letter of termination from employer, annual performance review details, and the names of managers or supervisors involved

Track financial compensation: Keep record of how much financial loss was suffered due to wrongful termination

Garner co-worker’s support: When a co-worker has committed the same mistake and has been spared, it is the case of discrimination. Similarly when a particular female member in the team is reprimanded giving all the rest of the male team members a free chit it is again a case of workplace discrimination. Garner support from all the reliable team members before prosecuting the employer

Ensure that the termination letter states reason: Common reason for termination are poor job performance and absenteeism. A termination letter must specify the violation of the rule

Send follow-up email to supervisor as a record: Stay professional and don’t send an emotionally charged email. Keep it simple and formal, the purpose of the email is simply to document the discussion. When you aren’t comfortable, simply make notes of the conversation

‘At will’ isn’t enforced: There are important limitations to an “at will” termination. An employer cannot fire for an illegal reason, such as gender or racial discrimination, termination in retaliation of exercising a legal right, for not performing an illegal act, or inflicting an unconducive environment in anticipation of employee quitting

Re-read the employment contract: An employment contract should spell out the terms of employment and the steps for termination

Collect employee handbook and policy manuals: Language in a handbook must be sufficiently clear for the employee to believe that a contract is already being offered

Consult A Lawyer: Employment law differs from state to state and countries to countries. Only a qualified legal employer could offer tailored legal advice. An employment and wrongful termination lawyer Joliet, Brian.J, provides guidance and support to clients across several region of north-eastern Illinois

Getting employment after a frustrated termination, sometimes gets difficult and also raises questions on an employee’s behavioural traits, attitude and performance. Filing a lawsuit against a company also gets a huge public attention. It is therefore important to gather all the relevant evidences before filing a lawsuit. Sometimes, what an employee perceives as wrongful termination may not be so as per the company’s policies or terms of agreement.

Filing a lawsuit may also involve lot of follow ups and sometimes may even cost dear. So, unless the employment has caused a damage to an individual’s self reputation or has resulted in good amount of financial loss, it isn’t advisable to file a lawsuit for trivial concerns. Also, consulting a reliable attorney helps the petitioner to see the situation from the employer’s perspective which will help them decide whether to file a lawsuit, or opt for an out of court settlement for mutual benefit.

 

Lawyers For Retaliation Discharge And Wrongful Termination

Many times, employees and laborers face hardships from their employers. Situation may vary from employee to employee and from employer to employer. Retaliatory discharge is a situation or a circumstance in which the employee is terminated or punished for filing discriminatory charge or for whistle blowing against the employer.

Employee filing the case against their employer receives compensation, not just the wages owed by their employer but also settlement amount for the hardship caused and for the wrongful termination.

Those workers or employees who believe they were subjected to a retaliatory discharge or were wrongfully terminated must consult an attorney. Retaliatory Discharge lawyer, Evanston are well known for taking up case of distressed employees who are mistreated and have been denied their rightful claims.

The lawyer can review the situation, determine whether or not the person has a case, and take steps to help the person cover damages for lost work. At times, discharges can also harm an employee’s reputation, which may affect his subsequent jobs and positions. For example an accountant might have trouble finding new clients because people might worry about his past termination.

Firing as punishment is not legal in most places, whether an employee is being fired for filing a disability claim, complaining about harassment or discrimination, refusing to engage in illegal activity, or whistle blowing. And for this very reason, companies are careful to document situations in which they are obliged to fire employees. In the event that an employee happens to be fired around the time of a protected activity, the company has the reason to fire the employee, such as documents demonstrating that an employee was warned about recurrent attitude problem.

Approaching a trustworthy attorney, with an open mind helps a person to understand where does his case stand and whether what he claims to be a wrongful termination or discharge is actually is, or is it just in his mind. That way not only he will save his own reputation but also manage to retain a break-even relationship with his ex-employer.

 

Find The Best Wrongful Termination Lawyer In Chicago

Wrongful termination means an employer has fired or laid off an employee in violation of their legal rights. Find the best wrongful termination lawyer in Chicago.

Wrongful termination can be based on several theories, such as breach of an employment contract or protection given under the Whistleblower Protection Act of 1989.

Forms of wrongful termination include:

– Not being compensated for overtime

– Being fired while on pregnancy or medical leave

– Not given lunch breaks or rest breaks

– Being retaliated against for complaining about some unlawful workplace practice

If you believe that you were terminated in violation of the law or that you are about to be terminated in violation of the law, contact Brian J. Graber, Ltd., at (312) 291-4648 at the earliest opportunity.

The basics of Personal Injury One Should Know

You may have certainly come across the word “personal injury’ if you are a working person, but may be you are not very thorough with the basics of the personal injury and need to know everything before proceeding to protect your legal rights after an injury or accidents for yourself or for a friend.

The foremost thing an injured person would do is hire a personal injury lawyer to learn how he should proceed further. There are a few good personal injury lawyers in Joliet who can help you with this.

The Basics of Personal Injury

Personal Injury:

The personal injury case is formed when a person has suffered an injury or accidents due to someone else (legally) and due to this very reason a legal dispute has arisen. The injured personal can file a suit in the civil court asking the court proceeding to find the one at fault and when he does that, he does it with the help of a personal injury lawyer who knows about the legal process in details.

Lets Learn about formal and informal lawsuit:-

Formal lawsuit:

when a person who has suffered a personal injury on account of other person, he files with the help of a personal injury lawyer the lawsuit against an individual, company or government agency alleging them responsible for the injury caused to him.

Informal Settlement:

The main form of settlement occurs in the form of informal settlement outside the court. The people involved are- the injured person, the lawyers from both the side, the company/individual who is accused of causing the injury. An agreeable amount is finalised, with further written agreement that no side would go for any further actions for the case.

Though the informal settlement is a choice for many people, but if it doesn’t work out then one can hire a lawyer for their case.

Check for the personal injury lawyer in Joliet who are well versed, and have already dealt with such cases successfully.

Wage & Hour Claim Lawyer Can Help You To Retaliate Against Wage Theft

The employees when gets into an organization falls into the responsibility of the employer and it’s the trust between the two that makes the employees concentrate on his work rather than counting his hours of work for week or the over time. But many a time it happens that the employer cheats on the employees and eats away the amount that the employees deserved, after all he has given his time to work for the firm. The legal battle of ‘wage theft’ puts the employee in difficulty if they don’t have a good wage and hour claim lawyer.

If something like this has ever happened to someone you know then you should contact a wage and hour claim lawyer in Chicago who can help you bring justice to you.

Tricks employers use to make employees work extra without paying their dues

Salaried people can’t avail the benefits of the overtime: This is a false reason which employees are told. Even if you are a salaried person, you are entitled to get your overtime paid.

Classify the employees as a contractor: Know your place well. If you follow their timings, rules, and regulation, can’t work for other associates, and pay employment tax then you are definitely an employee and deserve the benefits of it.

Combines two jobs for one: If you are doing the job of data entry but have been doing the job of a receptionist too and paid only for one of both then they are taking an advantage of you by not paying your dues.

To-be on call availability: If after office hours you are required to come for one or other job or return the call within a short time and be available then you are entitled to the extra pay.

Work from home: Now this is something not many are putting to practice but if you are doing your office work from home after the usual office hours then for sure you can ask for the genuine amount of time you spent doing the work.

Such cheating is rampant especially in the restaurant, retail and construction business where documents are not proper making you vulnerable to the wage theft. If you didn’t receive your well-deserved money and live in Chicago then don’t neglect it immediately contact wage and hours claim lawyers who can help you with legal aspects.

Roles Undertaken Employment Discrimination Attorney to Help You Control Workplace Issues!

Various types of discrimination relating either to your race, religion, sex etc is an unpardonable offence. Employment discrimination attorney can be of great help to you under these stressful situations. However, in order to report this matter it is essential to follow certain steps which will help when attempting to put forward your case. Following are the steps that need to be taken to take full control of the situation.

Submitting appropriate documents:

Few employees believe that sooner or later they will get used to the ongoing discrimination and avoid it every now and them. However to make your case stronger documenting each act of workplace harassment and reporting them to an employment lawyer would be a wise decision to make. According to some attorney’s in Chicago, one needs to produce witnesses along with the date and time of the incident, making the documentation process extremely important.

Reporting and investigating:

Reporting of any discrimination should be in accordance with the company’s discrimination report. Follow the hierarchy to make complain about any discrimination at your workplace. Employment discrimination attorney from Chicago emphasise on reporting the matter to the HR department and follow it up regularly for outcome of their internal investigation. Even if you have taken the matter further it is essential to ask for internal investigation whose outcome does matter a lot.

Suing your employer:

After unacceptable investigation report on your workplace harassment from your employer, suing your employer is the best option an attorney can offer you. This attorney would charge you nominal amount assuring you justice from your workplace and relieves you from all the stress that one might go through during this process.

Are you also the one who has suffered from discrimination at your workplace? Consider taking services from an employment layer. To find your nearest lawyer click here!!!