When you put in long hours doing productive work out in the workplace, you want to feel welcome and respected. At the very least, employees expect fair treatment. Unfortunately, some employers fail to provide such a healthy workspace, and examples of unfair labor practices by unions and employers abound.
Federal and state employment laws protect workers’ rights. But not all unfair employment practices qualify as an illegal act. What actions would constitute examples of unfair treatment? What is illegal?
EMP Law can help you sort through these questions. If you believe your employer subjected you to unlawful workplace practices, please don’t hesitate to call 336-724-2828 or reach us online today to get started.
How Do You Recognize Unfair Labor Practices?
Unfair treatment at work can refer to any number of unfair labor practices. But in some cases, the unfair treatment may not result in a legally actionable claim.
Unfair Labor Practices: Examples That Do Not Constitute Illegal Action
You can only take legal action or file a claim when the employer has violated a specific law.
Situations in the workplace that do not typically rise to the level of illegal workplace actions include the following:
- Not receiving vacation time,
- Being required to work more than 50 hours per week to keep your job,
- Getting fired because your boss did not get along with you, or
- Getting passed over for a promotion because your supervisor selected a friend.
These situations are undoubtedly unfair but are not necessarily illegal. Each instance must be evaluated on a case-by-case basis. It’s best to contact an experienced employment lawyer for assistance.
Unfair Employment Practices at My Workplace That Could Be Considered Illegal
Common examples of unfair treatment in the workplace that are considered illegal include the following:
- Excluding someone from a promotion due to race, color, gender, or other protected characteristic;
- Prohibiting protected labor activities, such as striking or joining a union;
- Refusing to bargain or discriminating against an employee for going to the National Labor Relations Board (NLRB);
- Paying a woman a lower wage for doing the same job due to her sex;
- Failing to pay overtime when required;
- Refusing to make reasonable accommodations for individual disabilities or religious beliefs;
- Paying less than minimum wage;
- Refusing to pay wages, commissions, or bonuses;
- Passing over older employees for promotions; and
- Firing or laying off older workers to hire younger, cheaper workers.
Complaints about workplace practices and conditions can involve the following:
- Disputes over wage and hour violations,
- Wrongful termination,
- Discrimination,
- Harassment,
- Retaliation,
- Employment agreements, and
- Severance pay.
Illegal workplace practices can also include additional issues and other unlawful employment practices.
What Can You Do When You Experience Unfair Treatment?
If you experience unfair treatment in the workplace, there are several steps you can take to protect your rights.
Document Your Treatment
Documentary evidence will be necessary to prove your case. It’s critical to document each incident in writing. This will help you support your allegations if you need to file a formal claim.
Report Unfair Treatment to Your Supervisor or HR Department
Report each instance of unfair treatment to the appropriate supervisor or management employee.
Avoid Social Media
Others can view anything you post on social media. Your opponents can use any material against you to undermine your claim. So it’s prudent to avoid posting to social media about your unfair treatment.
Contact an Experienced Lawyer
When you have documented treatment that you believe to be unfair in any way, contact an experienced employment attorney. They can help you evaluate your legal options. An experienced North Carolina employment attorney should have experience representing clients before the relevant entities, including:
- The Equal Employment Opportunity Commission,
- The United States Department of Labor,
- The North Carolina Department of Labor, and
- The North Carolina Office of Administrative Hearings.
Varying deadlines apply to federal and state actions. You must file the claim by the applicable deadline to avoid a judge forever barring your claim. Don’t miss a deadline; contact an employment lawyer as soon as you can.
Our Experienced North Carolina Employment Lawyers Can Help
At EMP Law, we’re known for zealously advocating for employees. We’ve had success helping our clients overcome the odds. That’s what we do. EMP Law has offices in Winston-Salem and Charlotte, serving employees throughout North Carolina. We are experienced employment lawyers and can help you recover the compensation you deserve for illegal or unfair work conditions. We will listen to your story and explain your legal options. Contact EMP Law online or call today for immediate assistance.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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