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What happens if an employee files a complaint against an employer?

What happens if an employee files a complaint against an employer?

Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they weren’t properly compensated. Hiring independent contractors instead of employees is one way businesses can keep costs down.

How to file a formal complaint with the WHD?

To file a formal complaint with the WHD, you’ll need your name, address, and phone number, as well as the name, address, and phone number of your employer. You’ll also need to tell them the name of the owner or manager they should speak to regarding your complaint, the type of work you did, and how and when you were paid.

Is it illegal for an employer to discriminate against a new employee?

It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

What are some workplace laws your employer may be violating?

1 Using prohibited questions on job applications. 2 Insisting you can’t discuss your salary with your co-workers. 3 Failing to pay you overtime. 4 Promising jobs to unpaid interns. 5 Asking or allowing you to work off the clock. 6 Classifying you as an independent contractor, but treating you like an employee.

What was the EEOC case in Pleasanton Texas?

The EEOC lawsuit alleged that Black employees assigned to fracking and coiled tubing oilfield service operations in Pleasanton, Texas, were subjected to a hostile work environment based on race since at least 2012 and that Nabors and C&J Well Services Inc. retaliated against employees who complained about the harassment.

What was the EEOC case against porous materials?

The extreme bullying and harassment allegedly included a manager using racial slurs toward his employees, calling foreign workers “terrorists,” telling immigrants to leave America, and making unwanted sexual advances toward female employees. The EEOC further claims the owner of Porous Materials did nothing to put a stop to the harassment. EEOC v.

What was the EEOC case about Prewett and DeSoto?

According to the EEOC’s lawsuit, Prewett and Desoto supervisors and managers subjected African American employees to daily harassment and humiliation because of their race by calling them racially offensive and derogatory names and assigned Black employees the more dangerous job duties.

Are there any class action lawsuits against employees?

Dozens of class action lawsuits have been filed by independent contractors who say they’re actually employees under the law. If you’ve been misclassified from exempt to non-exempt, it’s possible that you may have been cheated out of overtime wages for the past few years.

What should you do if someone complains about discrimination at work?

If you allow yourself to become angry at the employee, you open yourself up to claims of illegal retaliation (see next tip, below). You also run the risk of polarizing your workplace, damaging morale, and lowering productivity. Don’t retaliate. It is against the law to punish someone for complaining about discrimination or harassment.

Can an employer talk to an employee’s family member?

Get a copy of the legal Power of Attorney, or get some other written permission signed by the employee (assuming the employee is competent to sign legal documents). Consult with Legal. There may be other circumstances that allow for communicating with an employee’s family member about work-related matters beyond the five fore-mentioned categories.

Can a pregnant employee take unpaid parental leave?

Employees who aren’t entitled to unpaid parental leave can take unpaid no safe job leave. Directing employees to take parental leave. If a pregnant employee wants to work in the 6 weeks before her due date her employer can ask for a medical certificate within 7 days that states: it’s safe for her to do her normal job.

Where can I file a complaint about employment discrimination?

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws.

Why do some employers penalize new mothers in the workplace?

One reason some employers are so ruthless with pregnant and new mothers is their misunderstanding that these women are somehow less committed to their jobs. Some reports indicate that each child a woman has reduces her hourly wages by 4%. Meanwhile, reports have found that men’s average earnings are boosted by 6% when they become fathers. 3 

Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they weren’t properly compensated. Hiring independent contractors instead of employees is one way businesses can keep costs down.

What are the legal rights of pregnant workers?

Legal Rights of Pregnant Workers under Federal Law If you are pregnant, have been pregnant, or may become pregnant, and if your employer has 15 or more employees, you are protected against pregnancy-based discrimination and harassment at work under federal law.

What happens if you threaten an employer in the workplace?

Threats of violence, harassing behavior and maliciously false statements could be grounds for discipline or dismissal from a job. Allowing a Hostile Workplace An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner.

Is it illegal for your employer to prohibit you from talking to your co-workers?

Your boss may not want you and your co-workers to compare your salary or benefits, but they can’t prohibit it. Under the NLRA, any attempt to quash these discussions could be seen as an illegal attempt to prevent workers from organizing or unionizing.

Are there any laws you need to know about working for an employer?

Failing to provide paid sick leave in relation to COVID-19. Some employers may break the law before you even get hired. The EEOC enforces laws that prohibit a dozen different types of discrimination and, in most cases, employers can’t use those factors in hiring decisions or even ask about them during the interview process.