Johnson & Bennett, PLLC

How to determine if you are a victim of wrongful termination

2023-05-11T04:43:55Z

When you go to work, you expect to be able to do your job without harassment, discrimination or other types of mistreatment. Unfortunately, this does not always happen, and some Tennessee employees find that they experience a range of problems due to the actions of their employers or coworkers. Speaking up about their experience, reporting mistreatment or exercising their rights could lead to additional complications.

Wrongful termination is something that occurs when a person loses his or her job for an unfair reason. Often, the motivation for this is to retaliate against an employee for filing a claim or defending his or her rights and interests. Regardless of the reason, wrongful termination is illegal and inexcusable, and victims do not have to remain silent.

Did it happen to you?

Wrongful termination happens any time an employer breaks the law or violates company policy when firing an employee. As an employee, you have protections against this type of treatment, and knowing about your rights can help you in the event that this happens to you. Common examples of wrongful termination include the following:

An employee lost his or her job after reporting sexual harassment from the employer or coworker.
The employer violated the terms of an employment contract in the decision to terminate.
The employer made the decision to terminate the employee on the basis of his or her gender, age, religion or other factor.
The termination immediately follows a report from the employee that demonstrates the wrongful actions of the employer.

Wrongful termination is more than just an inconvenience. It can lead to financial difficulty for your family, as well as make it difficult for you to find future employment. If you suspect wrongful termination, it is within your rights to speak out and seek justice. A careful assessment of your case may reveal that you have a valid reason to take legal action against your employer.

Fighting for your rights

You do not have to fight back against wrongful termination on your own. You will benefit from seeking the guidance and support of a legal professional as you pursue legal recourse after wrongfully losing your job. You may have a case in which you can bring to light the illegal actions of your employer and seek appropriate compensation for any losses you experienced.

Common Mississippi FLSA wage and hour violations

2025-02-07T03:53:04Z

The Fair Labor Standards Act (FLSA) protects Mississippi employees. The FLSA is a federal law regulating things such as overtime pay, minimum wage and child labor laws. Federal, state, and local government workers are covered, as are private sector workers. In spite of FLSA protections, some common workplace violations continue to occur.

Minimum wage violations

Failure to pay minimum wage is one of the most widespread wage and hour law violations. The federal minimum wage is currently $7.25 per hour. Some states set minimum wage rates that exceed the federal rate; however, Mississippi does not. Employees who receive tips are generally exempt from the minimum wage requirement as long as their tips can bring their earnings up to the minimum wage level. Except for certain tipped workers, employers who pay their employees less than minimum wage are breaking the law. Failing to pay the minimum wage can result in penalties and legal action against the employer.

Overtime violations

Failure to pay employees overtime is another common FLSA violation. Any hours that exceed 40 a week count as overtime. The rate for overtime hours is one and a half times the regular pay rate. However, some salaried workers who perform managerial duties are exempt from this overtime rule. Overtime violations occur when employers purposely report employees as exempt when they are entitled to overtime pay. Employers also violate this rule by failing to keep accurate records of employees' pay and how many hours they worked. Employers who violate this rule can face lawsuits and fines.

Take action

There are several ways employers can violate FLSA wage and hour laws. These violations hurt employees and can lead to serious legal consequences for employers. Affected employees can possibly pursue legal action or file a complaint with the Department of Labor for help recovering unpaid wages.

Workplace discrimination due to diabetes

2023-03-21T08:44:44Z

Diabetes is a chronic condition that affects thousands of people in Tennessee. If you're living with diabetes, you have certain rights in the workplace that are protected by law.

Reasonable accommodations

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations to employees with disabilities, including diabetes. This may include time off for doctor's appointments or the ability to take breaks to check blood sugar levels and administer insulin. Employers may also be required to make physical modifications to the workplace, such as providing a private area to test blood sugar levels or store insulin.

Privacy

Your medical information is private, and your employer must keep it confidential. This includes your diagnosis, treatment plan and any related medical information. Employers are not allowed under employment law to discriminate against you or share your medical information without your consent.

Non-discrimination

The ADA also prohibits employers from discriminating against employees with disabilities, including diabetes. This includes not hiring, firing or promoting someone based on their diabetes status. Employers must also provide the same level of benefits, such as health insurance coverage, to employees with diabetes as they do to those without.

Time off for medical appointments

Employers must provide reasonable time off for medical appointments, including those related to diabetes. This includes time off for doctor's appointments, testing and treatment. Employers are not allowed to retaliate against employees for taking time off for medical reasons.

Protection from harassment

Employees with diabetes are protected from harassment and bullying in the workplace. This includes any negative comments or actions related to your diabetes diagnosis. If you experience harassment or discrimination, you have the right to report it to your employer and file a complaint with the Equal Employment Opportunity Commission (EEOC).

Living with diabetes in the workplace

If you're living with diabetes, you have certain workplace rights that the law protects. If you feel that your rights are being violated, it's important to take action to protect your ability to secure your livelihood. By knowing your rights, you can ensure that you're able to work in a safe and accommodating environment.

A guide on hearing disability discrimination in the workplace

2023-02-17T13:46:15Z

Hearing disabilities are a common condition that can have a significant impact on an individual's daily life and employment. Unfortunately, individuals in Tennessee with hearing disabilities often face discrimination in the workplace, which can limit their ability to secure and maintain employment.

The range of hearing disabilities

It is important to understand the types of hearing disabilities that individuals may experience. These disabilities can range from mild hearing loss to complete deafness and can impact an individual's ability to communicate and perform certain tasks in the workplace. Some individuals with hearing disabilities may use hearing aids or other assistive devices to help them in the workplace while others may rely on other forms of communication, such as sign language.

Types of discrimination

Hearing disability discrimination can take many forms, including exclusion from training and development opportunities, difficulty in communicating with colleagues and supervisors and a lack of accommodations that would enable them to perform their job duties. These challenges can make it difficult for individuals with hearing disabilities to succeed in the workplace and can lead to unemployment or underemployment.

Protections provided by the law

Employment law protects individuals with hearing disabilities from discrimination in the workplace. The Americans with Disabilities Act (ADA) is a federal law that prohibits employment discrimination based on disability. Under the ADA, employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause an undue hardship. These accommodations can include changes to the workplace or to the way that job duties are performed as well as the use of assistive technology. If you believe that you have been the victim of workplace discrimination because of your hearing disability, there are steps that you can take to protect your rights. You can file a complaint with the Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing the ADA.

Dealing with workplace discrimination

Hearing disabilities can have a significant impact on an individual's ability to succeed in the workplace. However, individuals with hearing disabilities have the right to be free from discrimination in the workplace and to receive reasonable accommodations that enable them to perform their job duties. If you believe that you have been the victim of workplace discrimination due to your hearing disability, it is important to know your rights.

Understanding sexual harassment

2025-02-07T03:52:53Z

Tennessee and federal law generally prohibits companies from treating workers differently based on their sex or gender. Furthermore, the law generally prohibits companies from subjecting workers to any type of harassment that would create hostile working conditions. Therefore, if you are a victim of sexual harassment, you may have grounds for legal action against your employer.

Defining sexual harassment

Sexual harassment is any type of inappropriate behavior that centers around a person's body. In addition, the behavior must be either pervasive or severe enough to create a hostile working environment. For example, if someone makes a joke about how you look in a particular pair of jeans, that may rise to the level of sexual harassment if you hear that joke on a regular basis. If someone said that they wanted to have sex with you with or without your consent, that could also rise to the level of sexual harassment because of the severity of the comment.

You could be indirectly victimized

You can be a victim of sexual harassment simply by overhearing a joke or reading inappropriate material on another employee's phone or computer screen. You may also be a victim of harassment if a colleague makes comments to you about another person that you believe to be offensive.

Dealing with sexual harassment

In some cases, simply expressing your displeasure to your colleague may be enough to get the offensive behavior to stop. It may also be possible to talk to your supervisor or anyone else who you trust about your experience in an effort to deal with the problem internally. However, if that doesn't work, you may want to consider filing a claim with the Equal Employment Opportunity Commission (EEOC). If you are the victim of inappropriate workplace activity, you may have the right to sue your employer. In the event that your claim is verified, your employer may be liable for financial damages and other forms of relief such as changes to company policies to prevent future instances of sexual harassment.

What are your rights under the Mississippi Family and Medical Leave Act?

2025-02-11T18:44:01Z

Workers in Mississippi have rights regarding their health and that of their families. One federal employment law that applies to this subject is the Family and Medical Leave Act. Therefore, employees must understand their rights under this law.

Understanding the Family and Medical Leave Act

The Family and Medical Leave Act (FMLA) allows some employees to take up to 12 weeks of unpaid time off annually. It will enable workers to tend to their severe health conditions or to care for a sick family member. The FMLA also allows new parents time to bond with their biological or adopted child. Under the FMLA, employers must provide leave but are not required to pay workers for it. Employers are also prohibited from terminating an employee, retaliating against them or changing their job when they take time off under the law.

Eligibility for the FMLA

Employees are eligible for the FMLA under specific criteria. Those who work for private employers with at least 50 employees for at least 20 weeks during the year can get this kind of leave. Employees of public employers are eligible regardless of the number of workers employed. A worker is eligible for leave under the FMLA if they have worked for their employer for at least 12 months. That time does not have to be consecutive, but they must have put in at least 1,250 hours. Per employment law, employers are required to maintain their workers' health insurance while they take time off for FMLA.

Serious health conditions explained

Severe health conditions require a stay in the hospital or another medical facility and those that cause incapacitation for over three consecutive days require medical treatment. Such treatment might include rehab, prescription medication, doctor visits, and more. Chronic health conditions fall under the category of "serious health conditions" as well. This also includes pregnancy, prenatal care appointments, orders of bed rest and incapacity due to morning sickness. If you need time off under the FMLA, you should inform your employer at least 30 days beforehand.

Identifying age discrimination in the Mississippi workplace

2022-11-10T03:35:16Z

Age discrimination is a serious issue affecting countless Mississippi workers yearly. Proving and identifying age discrimination can be especially challenging in the workplace, where subtle signs of age discrimination may go undetected. However, identifying the traits of age discrimination, like unequal treatment, age-based jokes, stereotyping and exclusion from work-related events, can help pinpoint age discrimination at your workplace.

Unequal treatment

One of the most common signs of age discrimination is unequal treatment. Unequal treatment can manifest in various ways, from being passed over for promotions or raises to being given less favorable assignments or job duties. It may indicate age discrimination if you feel you are not being treated equally to your younger colleagues.

Age-based jokes

When age-based jokes or comments arise, it can create a hostile and offensive environment for older workers. In addition, this type of behavior can signify that age discrimination is occurring, making it difficult for those affected to do their job and be respected by their colleagues.

Stereotyping

Stereotyping can involve making assumptions about an individual's abilities or interests based on age. For example, younger workers can incorrectly assume that older workers have inadequate training on technological devices and lack innovative ideas. If you have experienced this type of treatment, it may be a sign of age discrimination.

Exclusion from work-related events

Exclusion from work-related events or activities, such as company parties or team-building exercises, can be a sign that age discrimination is occurring. In addition, exclusions can make building relationships with colleagues challenging and make them feel like valued team members. When it comes to workplace age discrimination, it is vital to be aware of the signs so that you can identify and address them if it occurs. If you feel that you are being treated unfairly or disrespectfully because of your age, you may want to your HR department or take legal action. With awareness and activity, we can help to put an end to this type of discrimination in the workplace.

Tech giant IBM still showing age discrimination practices

2024-02-05T06:52:53Z

Has the company you work for in Mississippi been accused of age discrimination? If the company has settled with the accusers yet still practices age discrimination, they're not alone. Tech giant IBM appears to keep doing the same.

IBM's pattern of age discrimination

IBM's pattern of age discrimination came to light in 2018 when former employees accused the tech giant of deliberately trying to get rid of workers in their 40s and older and replacing them with millennials. The Equal Employment Opportunity Commission determined two years later that IBM's excuse that the layoffs were just coincidental did not withstand scrutiny. Numerous age discrimination lawsuits followed, with employees alleging that IBM also capped or withheld commissions associated with race, gender, or age discrimination. The company has systematically denied that it participates in age discrimination. Nevertheless, IBM has settled many age discrimination lawsuits, yet others are still under litigation. However, some of the filings where either a verdict or a settlement has been reached have run into difficulties. One lawsuit alleging racial discrimination and wage theft was vacated on appeal. A settlement was reached on an age discrimination lawsuit in July 2022, but IBM has not yet paid the settlement. Some cases involving withheld sales commissions have been placed on hold so plaintiffs can be part of a class-action lawsuit.

What if I am a victim of discrimination in the workplace?

Workplace discrimination can take many forms that violate federal laws such as the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, and several others. If you feel that you have suffered discrimination at your company, the key to filing a successful lawsuit is keeping detailed records of incidents that support your claim. Establishing a pattern of systematic discrimination will make your claim stronger. Take time to build your case. You should note that once you file a lawsuit alleging discrimination, your employer cannot retaliate against you, as doing so also violates federal law.

Retaliation protection in Mississippi

2024-02-05T06:52:42Z

Workplace discrimination is a serious issue in Mississippi that plagues productivity and makes a job feel like torture. So when it happens, employees are encouraged to speak up and report it. However, many people are often reluctant to fight for their rights because they fear retaliation from their employers. If you are a whistleblower or if you complain about certain acts, you should know that there are laws that protect you and others from employer retaliation.

Employer retaliation at a workplace

Retaliation constitutes actions meant to punish people that speak out against workplace discrimination or discourage others from doing the same. They include:

Firing the employee
Demoting an employee
Withholding pay or benefits from an employee
Giving an employee undesirable work assignments
Making working conditions more difficult for an employee

Laws that protect you

The Mississippi Whistleblower Act, the National Labor Relations Act (NLRA) and Title VII of the Civil Rights Act of 1964 exist to protect employees from retaliation. The Mississippi Whistleblower Act was implemented to “prevent wrongful discharge of public employees who report unlawful or improper activity by their employer.” It covers all public employers and employees except those working in law enforcement, the judiciary system, or elected officials. The activity reported must be illegal under Mississippi law. The NLRA guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity. Employees covered by the NLRA are protected from certain types of employer and union misconduct. You do not have to be part of Union to be protected under the NLRA. Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against an employee because he or she has made an internal complaint of discrimination, internal complaint of harassment based on discrimination, or filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). Title VII protects against discrimination based on race, national origin, color, and sex. Included under sex discrimination are sexual harassment and discrimination based on sexual orientation or transgender. There are other Acts which fall within EEOC's jurisdiction to investigate complaints of discrimination. There is the Age Discrimination Employment Act (ADEA) and the Americans with Disabilities Act Amendments Act (ADA or ADAAA) which prohibit discrimination and retaliation based on age and disability.

How to file a complaint

If your employer has retaliated against you, you can file a complaint with the EEOC. We can help you with filing a charge and guide you through this process. You can do this by contacting us through our website or intake@myjbfirm.com. You can file a Charge of Discrimination with the EEOC through its website, eeoc.gov, by visiting its offices, or by calling 800-669-4000. To assert a claim of retaliation against your employer, you will need documentation or evidence of the retaliation that has taken place. In Mississippi, you must filed your Charge of Discrimination within 180 days of the last discrete act of discrimination or retaliatory action taking place. If you wait longer than this, your case might not be considered. In Tennessee, you have 300 days to file a Charge of Discrimination.

Understanding hair discrimination in Mississippi

2025-02-11T18:43:46Z

When you hear about discrimination, chances are you think of race, gender or sexuality. But there's another form of discrimination that's often overlooked: hairstyle discrimination.

What is hairstyle discrimination?

Hairstyle discrimination is when people get judged or treated differently because of the way they wear their hair. This can happen in any setting, but it's especially common in workplaces. Many companies still have strict dress codes that dictate what kinds of hairstyles are "acceptable" and which ones aren't. And while these rules may seem innocuous, they can actually have a very real and negative impact on employees.

How hairstyle discrimination manifests itself in the workplace

One is through hiring practices. For example, a black woman with dreadlocks may get passed over for a job because her hairstyle gets looked at as "unprofessional." Or, an Asian man with a traditional topknot may be told that he needs to cut his hair if he wants to get a promotion. Another way it manifests itself is in how people get treated once they're actually employed. For example, a woman with braids may be told by her boss that her hairstyle is "too casual" for the office. Or, an African American man with a natural Afro may be told he needs to "tame" his hair if he wants to get taken seriously by clients. That's not to mention the microaggressions that people with non-conventional hairstyles face on a daily basis, like having their hair touched or commented on without permission.

What should you do if you experience hairstyle discrimination at work?

If you're experiencing hairstyle discrimination at work, there are a few things you can do. First, try to talk to your boss or HR department about the issue. If that doesn't resolve the problem, contact your local Equal Employment Opportunity Commission (EEOC) office. The EEOC is a federal agency that enforces anti-discrimination laws in the workplace. They may be able to help you file a claim or take other legal action. Discrimination of any kind is never acceptable, and hairstyle discrimination is no different. By raising awareness and taking action, you can help to put an end to this type of discrimination in the workplace.