South Carolina is an at-will employment state, which is not good for the employee – it favors the employer. This does not mean that you cannot have a good employment case, it just means that certain cases are better than others.
The following areas of employment law are ones that I have found to be successful:
Americans With Disabilities Act (ADA)
In general, you have a disability, but you are terminated. You have to be able to perform the essential functions of your job. You asked your employer for reasonable accommodations (in order to accommodate your disability) and, even though your employer is able to accommodate you, it refuses to do so.
The following is only one example of an ADA case – there are many.
You have a breathing problem, and your employer knows about it (because it was disclosed on your application), and you can perform your work duties without any major issues (except you occasionally may have to grab an inhaler and use it). However, your employer decides to change your work duties and some of the new duties make you much more winded, and you experience significant issues. You go to a doctor and get a note about your restrictions, however, your employer refuses to accommodate these restrictions by allowing you to work in a job with lighter job duties. Your employer offers you the choice of resignation or termination. It is now time to engage your Employment Attorney serving Pickens County.
Family Medical Leave Act (FMLA)
You need time off from work due to a medical condition (or other reasons), and your employer does not offer it to you or terminates you.
Discrimination Based on a Protected Category (Title VII case)
Your employer discriminates against you based on one of the five (5) protected categories – race, color, sex, religion, and national origin. You do not have a case just because this happens – there are other duties put on the employee. You must first report the discrimination (usually to the HR Department), and the company gets a chance to correct it.
They may fire the wrongdoer or take other corrective action, but they are required to keep it from happening again. Once it happens to you again, you probably have a case, but there is yet another hurdle – you must allow the EEOC to investigate the claim before you can file a lawsuit. Once you are ready to file suit, it is important to have an Employment Lawyer serving Pickens County on your side.
Age Discrimination (ADEA)
You work at a company for a long time and they terminate you and bring in a younger worker. You are over 40 years old and the new person is less than 40 years old.
Pregnancy Discrimination
You tell your employer that you are pregnant, and your treatment at work suddenly gets worse, or you are terminated.
Medicare Fraud (Qui Tam)
Your employer is committing fraud on the government by billing Medicare in an improper manner.
Public Policy
Your employer wants you to do something that is illegal.
Payment of Wages
Your employer has not paid all of the wages to you that you are owed.
Injury at Work - You are Injured at Work, and Your Employer Terminates You
Your employment is very critical to you and your standard of living, therefore when things go wrong at work, it is important to get a Pickens County Employment Lawyer involved right away – in order to protect your rights and your income.
The above examples do not represent all of the potential employment cases, therefore it is important for you to have your case fully evaluated by a free consultation with an Employment Lawyer serving Pickens County.
One call is all it takes to get your Employment Law case on the right track today.
