You’ve watched people of the same or lesser experience get promoted while you stay in the same position. You always get the weekend shift while your colleagues get the weekend off. You got fired because your boss had to let someone go and she liked you least. There are countless examples of actions at work you might consider unfair. But does that mean you have a legal claim against your employer? Unfair treatment at work can be demoralizing, but not all acts you might consider unfair or inequitable are actually grounds for a lawsuit. In today’s posting, we’ll talk about some of the common types of unfair treatment at work that can lead to a lawsuit against your employer.

At Will Employment

We should start by noting that employees in New York, like employees in most states, are considered to be employed “at will” by default. This means that an employee can generally be terminated from their job for any reason or no reason at all. Exceptions to this rule exist where specifically recognized under the law, such as where the termination violates an employment contract or a specific state or federal statute. While you may believe you have been fired from your job unreasonably or unfairly, unless your employer breached an employment contract or violated a specific law, you likely don’t have a legal claim.

Breach of Employment Contract

Although most states default to at-will employment, there are some situations in which the employer and employee enter into an agreement to govern the terms of their employment relationship, including the terms under which the employee may be fired. These are often used with executive level employees and, in addition to outlining the reasons for which an employee may be terminated, can include terms governing the employee’s pay and benefits, leave allowance, procedures for filing a grievance, and more. If an employer does not comply with the terms of the contract, for example by paying you less than required under the contract, you could have a breach of contract claim against your employer. Likewise, if you have an employment contract that specifically limits the reasons your employer can fire you, and your employer fires you for some reason not included in the agreement, you could have a wrongful termination claim.

Discrimination

Even if you do not have an employment contract in place, there may be other legal grounds for holding your employer accountable for unfair treatment. One of the most common areas of the law protecting employees from unfair treatment at work is in the area of employment discrimination. Federal and many state and local laws make it illegal for employers to discriminate against their employees on the basis of certain protected characteristics.

Federal laws prohibit discrimination on the basis of race, color, national origin, gender, pregnancy, age, religion, disability, and genetic information. State and local laws can protect an even broader group of workers from discrimination, like in New York where employers are also prohibited from discriminating against an employee on the basis of sexual orientation, marital status, gender identity, arrest and conviction record, military status or service, observance of Sabbath, political activities, unemployment status, and status as a victim of domestic violence. To learn more about discrimination claims in New York, read our recent blog posting entitled, “The Elements of an Employment Discrimination Claim in New York.”

Whistleblower Retaliation

Sometimes, unfair treatment at work can be a direct result of your decision to report illegal or unethical conduct by your employer. In that situation, your employer is retaliating against you, which can have the effect of discouraging you and other employees from stepping forward. Whistleblower laws have been enacted at the federal and state levels to help protect employees against retaliation when they report or take part in an investigation of certain types of activities. Reporting or assisting in an investigation of fraud, environmental violations, discrimination and other illegal activities by your employer or refusing to take part in an illegal activity can all trigger the protection of whistleblower laws.

Wage Claims

Employees in the United State also have some protections when it comes to their pay. The federal Fair Labor Standards Act establishes a minimum wage for covered workers in the United States. Some states, like New York, have established an even higher minimum wage. These laws also typically establish rules for overtime pay, requiring greater pay for overtime hours. Federal law and many state laws also require equal pay for equal work between men and women. Employers must compensate female and male employees equally where they are equally skilled and work in the same position. If you are not getting paid the basic wage required under the law, you can have a claim against your employer.

Are You Being Treated Unfairly at Work?

Not all unfair treatment at work is grounds for a lawsuit. Legal claims typically arise when the unfair treatment you’ve suffered violates a specific law, like federal and state discrimination and wage laws, or specific contract terms. If you have been treated unfairly at work and believe you may have a legal claim, contact Eisenberg & Baum. We have a group of very experienced employment discrimination attorneys who are ready to help you understand your claim and advise you of your rights under the law. Though we’re based in New York City, we have attorneys licensed in many states throughout the country and we can also become admitted pro hac vice with local counsel in other states where we are not currently admitted, so we likely can help no matter where you are. In discrimination and retaliation cases, we offer free initial consultations and bill on a contingent fee basis, so you won’t have to pay us unless we win or settle your case.