Employment Lawyer El Paso, TX

Employment Lawyer in El Paso, Texas

Employment Lawyer El Paso, TX

If you’re dealing with issues in the workplace, an employment lawyer El Paso, TX residents trust from David & Valdez, P.C. may be able to help. It can be discomforting going into work every day when you feel like you’re being treated unfairly. Here are a few ways a lawyer can help.

A Lawyer Has Knowledge of Complex Laws

If you don’t have a legal background, it can be difficult to understand all of the federal and state employment laws. You might think that your rights are violated at work, but aren’t sure. That’s what an employment lawyer is there for. He or she will have knowledge of all the various state and federal laws and can provide you with the right information.

A Lawyer Will Help Your Employer Take You Seriously

If you want to take legal action against your employer for unfair work practices, it’s important to have a skilled lawyer on your side. You can bet that your employer will have an entire legal team and might not take your claim seriously if you haven’t retained your own lawyer. They may also try to tell you that you don’t have a viable claim.

A Lawyer Will Know How To Properly File A Claim

When you’re being treated unfairly at work, it’s important to file an EEOC claim. However, there are strict rules for filling out these forms and making an error can result in denial in your case. You also have to submit all of the forms before the deadline is up. An employment lawyer has filled out plenty of these forms before and will assist you through every step of the process.

A Lawyer Will Stand Up For Your Rights

Whether you’re being discriminated against for your age or facing sexual harassment, being treated illegally at work can make it uncomfortable to go in every day. If you try to handle confrontations and negotiations with your employer, it can backfire. An El Paso employment lawyer in TX knows how to handle these types of situations and won’t let your employer take advantage of you. He or she will fight for your rights and improve your chances of getting successful results.

About Employer Retaliation

By federal law, it is illegal for an employer to take retaliatory actions against an employee. Employer retaliation is most often seen in cases where a worker was injured at work and wishes to utilize their workers compensation benefits. Retaliation is any kind of adverse actions inflicted on a worker who is participating in a protected activity, such as filing a complaint of discrimination, harassment, or unpaid wages. Examples of ways adverse action can happen include but are limited to:

  • Being reassigned to other job duties that are risky or objectionable
  • Being looked over for promotions the employee is qualified to receive
  • Being laid off, fired, or demoted
  • Forcing pay to be reduced, hours cut back, and/or benefits terminated
  • Giving the worker a negative performance review where there have been no incidents of poor job performance

Federal law protects the worker and anyone involved in a complaint. This means that workers who are questioned about a complaint in the workplace are to not receive adverse actions from the employer. Anyone who believes their protections have been violated in the workplace are encouraged to do something about it. Unfortunately, many workers do not realize they have these legal protections and may be worried that something bad will happen if they file a complaint or participate in investigative interviews.

Those who win cases of retaliation are able to collect on their financial losses. In some situations, a person may be eligible to receive compensation for the pain and suffering they endured from a workplace accident or from employer retaliation. For certain cases, punitive damages may also be enforced by the court based on what the victim had gone through. As the victim of adverse action in the workplace, you may be entitled to recover damages for emotional distress, front pay, back pay, and punitive damages if egregious violations of law occurred.

If you suspect that something isn’t quite right in your workplace, then your gut instinct is probably right. Our team is seasoned in handling cases of workplace issues, and can provide the clarity and protection you need during this time. All you have to do is call Davie & Valdez, P.C. today for more information.

Initial Consultation With An Employment Lawyer

During your first meeting with an employment lawyer, he or she will ask you background information about your case, such as what has been happening at your job and how long it’s been going on. Be truthful in all of your answers and don’t leave any details out. If you have any evidence pertaining to your case, such as text messages or emails, bring them with you to the consultation.

If you are facing work-related issues, do not hesitate to get help immediately. If you do not get proper protection, you may be vulnerable to further adverse actions. Schedule a consultation with an employment lawyer in El Paso, Texas call Davie & Valdez, P.C., today.

Common Types of Workplace Discrimination

Believe it or not, workplace discrimination still exists in this day and age. Whether it is committed by a boss or fellow worker, it is completely wrong and should not be tolerated. If you believe you are being discriminated against, you should consult an employment lawyer in El Paso, TX. Here are the most common types of workplace discrimination:

  • Race discrimination. Race discrimination refers to treating someone negatively due to the color of their skin. Unfortunately, this still happens quite frequently in the workplace. Example of this type of discrimination include racist jokes, denial of promotions based on race and stereotyping. Some employers may even refuse to hire people of certain racial groups altogether.
  • Age discrimination. Age discrimination can to workers who are 40 and over. Older workers may have more trouble getting hired before employers assume they can’t perform the job properly or will ask for too high of a salary.
  • Disability discrimination. As an employment lawyer in El Paso, TX can confirm, people can also be discriminated against for their disability at work. Common types of disability discrimination include direct discrimination, indirect discrimination, harassment and failure to make reasonable discrimination.
  • Gender discrimination. Gender discrimination occurs when an employee is treated differently because of his or her gender. For example, if the female employees at your workplace are frequently paid less than male employees, but have the same qualifications, gender discrimination may be taking place.
  • Pregnancy discrimination. As the name suggests, pregnancy discrimination affects expecting mothers. Some employers may refuse to hire a woman just because she is pregnant. Other employers may terminate a woman once they find out she is pregnant.
  • Religious discrimination. Religious discrimination can also occur in certain workplaces these days. Examples of this type of discrimination may include retaliating against employees for taking off religious days or prohibiting them from wearing religious clothes.

How Workplace Discrimination Can Negatively Affect You

No matter what type of workplace discrimination you are facing, it can have negative consequences on your life. For one thing, you might dread coming into work every day because you know that you are going to be treated badly. You may experience high amounts of stress and have trouble concentrating on your work. You may also develop depression and anxiety from it all. You may even feel like you have to quit your job.

Common Myths about Workplace Discrimination

Everyone should feel safe and respected at their workplace. Unfortunately, however, this doesn’t always happen. In fact, some workers experience discrimination. Here are some common myths about workplace discrimination that you should know about:

  • It’s acceptable for an employer to ask a job candidate about disabilities. This isn’t true. The American with Disabilities Act prohibits employers from asking applicants about their physical and mental disabilities during the interview process. However, if an employer decides to hire an applicant, he or she is allowed to ask the person about disabilities to reasonably accommodate them.
  • Discrimination laws are only intended for women and minorities. While it’s true that women and minorities make up a large percentage of workers who file discrimination claims, they aren’t the only ones who may experience discrimination. As an employment lawyer in El Paso, TX can confirm, anyone can be discrimination against at work. For example, a middle-aged man may experience age discrimination a work.
  • Employment laws don’t apply in at-will states. Texas is an at-will state, which means that employers can terminate workers for any reason without warning. However, the reason still has to be lawful. If it’s discovered that an employer has fired a worker over race, religion, gender or disability, that worker has a right to file a complaint.
  • Employees can file discrimination claims against mean employers. It can definitely be disheartening when an employer isn’t kind to you. However, that doesn’t necessarily give you the right to file a discrimination claim. For example, if your employer constantly gives you harsh criticism about your work, it doesn’t constitute a discrimination claim.
  • It’s not a good idea to inform HR about workplace discrimination. Some employers are reluctant to go to their human resources department regarding discrimination because of the possibility of retaliation. Although that’s a viable worry, speaking to HR may help your case in the long run. If you decide to pursue a discrimination case, notifing HR in the beginning can show that your case is legitimate. 
  • Employees don’t have much power against discrimination. If you’re discriminated against at work for your gender, race, national origin or age, it can make you feel powerless. However, you must remember that you do have power. Workplace discrimination is illegal and you don’t have to put up with it. With the help of an employment lawyer, you can file a complaint against your employer and stand up for your rights.

 

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