Recovering compensation after facing discrimination or another type of violation in the workplace can be a challenge. Proving that an infraction occurred can be quite tricky. Fortunately, working with an experienced Maple Grove employment attorney will greatly improve your chances of getting the money you need and deserve.
At Madia Law, we understand the challenging nature of these cases. Our team of Minnesota employment lawyers is here to help. Reach out to us today by phone or through our website to schedule a free initial case review with a member of our team. There is no obligation to retain our services, so don’t wait to get started.
Unpaid Overtime, Minimum Wage, and Unlawful Deductions
Our attorneys help clients deal with a variety of employment disputes. Among the claims we handle are wage issues, including unpaid overtime, paying less than the minimum wage, and unlawful deductions from your paycheck.
Every state and the country as a whole have minimum wage requirements. Failure to pay employees at or above this rate is unlawful. Likewise, the federal standard for a full-time work week is 40 hours. If employees work over 40 hours, employers must pay them at a rate of time and a half.
Furthermore, while taxes and other fees can be withheld from your paycheck, there are strict rules regarding what can be deducted. Employers who withhold pay in an unlawful manner are open to legal challenges.
For a legal consultation with a employment lawyer serving Maple Grove, call 612-349-2729
Discrimination in the Workplace
Unfortunately, workplace discrimination remains a serious problem throughout the country. Discrimination can come in many forms, and the challenges it can pose regarding earning a fair wage and working in a comfortable environment can prove significant.
According to federal law and the Minnesota Human Rights Act, discriminating against a person based on race, age, sex, sexual orientation, disability, as well as other protected classes is unlawful.
Discrimination occurs in every facet of employment, from hiring to firing. Unfortunately, it can be difficult to prove discrimination on your own. However, an experienced employment attorney will know exactly what to look for as they attempt to establish that discrimination occurred and recover the full amount your case is worth.
Hiring Discrimination
You may face discrimination from potential employers when attempting to find a job. Unfortunately, proving this type of discrimination can be particularly challenging because, as an interviewee, you don’t have personally observed previous behavior to support your claim.
However, if you suspect that the reason you were not hired for a job is due to discrimination, an experienced lawyer can begin investigating the employer’s hiring history to look for a pattern of discrimination.
On-the-Job Discrimination
Discrimination while employed can take various forms. Harassment from coworkers or a boss is usually the most overt form of on-the-job discrimination. However, being passed over for a promotion you should have earned is another common form.
Workers are usually more confident in asserting that discrimination was the cause of their misfortune in these cases, as they have time to observe their employers and coworkers and view discriminatory patterns if they exist.
Firing Discrimination
Firing discrimination is a form of wrongful termination. When determining whether or not discrimination played a factor in your firing, you need to understand that Minnesota is an at-will employment state. That means that as long as the reason for firing an employee is not unlawful, employers can terminate employment at any time for almost any reason.
With this system, being fired without cause does not necessarily mean that discrimination played a factor. There doesn’t have to be any logical reasoning behind a firing, and your employer does not have to give a reason.
While this can make proving discrimination played a role difficult, observations from your time of employment and an investigation by your lawyer into the hiring and firing practices of the company can help prove a pattern of discrimination.
Maple Grove Employment Lawyer Near Me 612-349-2729
Wrongful Termination
Discrimination-based firings are not the only type of wrongful termination. While employers in Minnesota can fire their employees for a variety of reasons or no reason at all, there are certain things for which they can not terminate employment. The most common form of wrongful termination, aside from discrimination, is retaliation.
There are a variety of reasons an employer may retaliate against an employee by firing them, including if the employee:
- Reported discrimination
- Used legitimate medical leave
- Filed a workers’ compensation claim
- Blew the whistle on company misconduct or illegal activities
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An Experienced Maple Grove Employment Lawyer Can Help Ensure Your Lawsuit Is Filed on Time
There are various statutes of limitations that can apply to your case depending on the type of employment lawsuit you are filing. An experienced attorney can help you identify the exact deadline for your case and give you a strong chance of securing a positive case result.
Discrimination Claims
When filing a discrimination-based lawsuit, you only have one year to take legal action. Before you can file your lawsuit, you must first submit a claim for a right-to-sue letter to the Equal Employment Opportunity Commission (EEOC). Submitting this claim will stop the clock until you receive a response from the EEOC.
Once you receive your right-to-sue letter, you will have 90 days to file your lawsuit. Failure to file within this time period will likely mean the loss of your right to claim compensation.
Minimum Wage Violations, Unpaid Overtime, and Unlawful Deduction Claims
For these claims, the filing deadline is two years. However, if you can show that your employer willfully violated your rights, the filing deadline will be extended to three years.
With these claims, it is critical to act early, as a corresponding “look back period” of two or three years is used. What this means is that you can recover damages going back two or three years from the time you file.
In this situation, if you wait until right before the filing deadline, you may only be eligible to claim days or weeks’ worth of violations instead of recovering compensation for years of misconduct.
Workers’ Compensation Retaliation Claims
The filing window is significantly bigger when filing a lawsuit for workers’ compensation retaliation. You will have six years to take legal action against your employer in these cases.
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Get Started With an Experienced Maple Grove Employment Attorney Today
When attempting to recover compensation for a work dispute, having an experienced employment lawyer serving Maple Grove by your side will greatly improve your odds of recovering the compensation you need and deserve. At Madia Law, we have helped countless clients recover the compensation they need from their employers.
We have a proven track record in the courtroom and never shy away from taking cases to trial. Contact us today by calling or completing our contact form and scheduling your free case consultation.
Call 612-349-2729 or complete a Case Evaluation form
