Employment is both necessary and stressful
for most of us. Whether you are employed or employ others, issues
regarding employment are always of concern. Federal and some
state statutes protect employees in specific instances. Both
employees and employers should be knowledgeable of their rights under
these statutes.
The statutes are not one-sided.
Employers are permitted to make business decisions, and in some cases
where a bona fide requirement exist, may even discriminate.
For example, churches are permitted to discriminate based on religion,
but may not discriminate on any other basis. Employers also
may have the opportunity to "cure" or resolve a problem
reported by an employee. In cases where employee-to- employee
harassment or discrimination is taking place, the harassed or discriminated
employee is required to report the problem to a supervisor before
liability may attach to the employer. In other cases, if the
harassment or discrimination is done by a person in a superior position,
reporting may not be required.
If an employer fails to act to protect
an employee, to continue to pursue the claim an employee must file
a Charge of Discrimination with either the state or federal agency.
I recommend the federal agency. This Charge must be filed within
a certain time period. If you file within 6 months you will
probably be within the time limit but DO NOT WAIT to file because
I have seen many cases never get started because the victim did not
timely file his or her Charge.
If an employee files a complaint it
can be a very big decision. Companies are not permitted to terminated
such employees, however in the real world it does happen. We
have suggested to our clients to obtain new employment prior to filing
a Charge if, and only if, you will not compromise your claim by waiting.
If you are terminated or subjected to undue scrutiny after filing,
you may file a second claim for retaliation. Many cases have
been won not due to the original Charge, but by the second charge
of retaliation since it is easier to prove retaliation in most cases.
Once a Charge is filed with the state
or federal agencies, we file our appearance as counsel. In some
cases we encourage the state or federal agency to investigate the
claim. This can be a real financial savings. In other
cases, our clients make the decision to let us proceed and obtain
a Right to Sue, permitting us to file a complaint for damages and
for a jury trial in federal court. While you may file in state
court, most cases are removed to federal courts by employers due to
the cases coming from the Seventh Circuit Federal Court in Chicago,
Indiana that tend to be more favorable to employers.
When a case is filed, the court normally
enters a Case Management Plan, which sets out the schedule of the
case. Cases are made on the strength of the witnesses, documents,
and, of course, your attorney. Let Westerfield & Associates
help you with your employment case by calling us at 317-848-3355.
