What Are Some Examples of Unfair Labor Practices in the Workplace?

While unfair treatment at work can be demoralizing, upsetting, and hinder your career prospects, it is not always grounds for filing a lawsuit against an employer. However, in some instances, you could have legal recourse, for example:

• Your employer violated a state or federal statute
• You are the victim of unlawful discrimination at work 
• Your employer violated your employment contract 
• Your employer retaliated against you
• You were wrongfully terminated
• You are not paid the legal minimum wage or overtime

Some examples of unfair labor practices in the workplace are not illegal. However, if your employer has discriminated against you, and in some other circumstances, you could have a case. If you believe that you are a victim of unfair treatment at work, get in touch so our labor attorneys can assess your circumstances, determine whether you have a claim, and advise you on moving forward.

Employees deserve to be treated with respect and dignity. Nobody should have to deal with constant shouting and disrespect at their workplace. However, rude actions and disrespect by coworkers, supervisors, or employers are not necessarily illegal. Some bosses and supervisors may simply lack the appropriate management and communication skills. Their behavior towards you does not necessarily qualify for rising to unlawful workplace harassment or a hostile work environment. 

However, you could have a case if your boss yells and screams at you constantly based on a protected characteristic such as your race, age, or gender. Disrespectful treatment, while upsetting, is generally only illegal if it violates federal or state anti-discrimination legislation. 

Employees can feel intimidated, frightened, or uncomfortable due to others’ offensive and discriminatory behavior. State and federal labor laws generally protect employees from abuse and harassment in the workplace. However, how do you know whether your work situation meets the legal requirement to qualify for a hostile environment? Some examples of illegal work environments include:

• Abusive behavior is directed against individuals in protected categories such as gender, race, color, religion, and others. 
• A reasonable person would describe the workplace environment as abusive or hostile.
• Hostile conduct is a long-term and pervasive problem at the workplace.
• The employer resists addressing or investigating the hostile conduct.
• Victims have suffered emotional distress, a reduction in productivity, or other negative effects.

Examples of a Hostile Workplace

A one-off joke or being teased by colleagues may be upsetting but does not generally qualify as a hostile work environment. However, the following examples can count as hostile and illegal workplace behavior:

• Jokes about a protected class (disability, gender, color, etc.)
• Discussing sexual acts or making innuendos 
• Racist slurs or racially offensive comments
• Unwanted touching

How to Deal with a Hostile Workplace

Your first step in these situations is generally to address the problem at your workplace, for example, by reporting the issue to your human resources department. If you are not getting anywhere, consider contacting an attorney. Employees should not have to suffer discrimination in the workplace. A labor attorney at Morgan & Morgan could help you fight against the illegal behavior and recover compensation.

If your employer retaliates against you for reporting discrimination at work, they commit retaliation, which is illegal. You could potentially sue them for wrongful termination. However, employers in at-will states can fire employees without providing a reason. This can make it tricky to prove retaliation and wrongful dismissal. 

If you have been unfairly terminated, our labor attorneys could help. You may be able to sue your employer and receive compensation such as back pay, reinstatement of your job, awards for emotional distress, and other damages. 

Overtly unlawful labor practices can be easy to spot, such as making racial slurs or denying someone a promotion based on their gender or age. However, at other times, it can be hard to determine whether workplace behavior rises to illegal discrimination. To determine if you are the victim of unlawful labor practices, ask yourself the following questions:

• Were there valid reasons for an employer taking adverse action against you?
• Are employees that are not members of your protected class treated more favorably or differently? 
• Did you experience an action against you for reasons other than your work behavior or performance?

Perhaps you are also noticing a general lack of diversity in the workplace. For example, is your class significantly underrepresented at your place of work? If you are the victim of unlawful discrimination, consider calling an employment attorney to learn about your legal rights.

Employment attorneys can have various ways of charging their clients, depending on the law firm’s policies and the services you need. Some attorneys charge hourly to prepare letters or file a complaint with the relevant state or federal agency responsible for discrimination. 

However, if you need a lawyer to represent you in a lawsuit, an hourly wage or a retainer may work out very expensive as lawsuits can be time-consuming. When you work with Morgan & Morgan, you do not have to worry about paying a labor attorney out of your own pocket. We want you to have the best legal representation possible so you have the best chance of getting what you deserve. Our fee is always free unless and until we win and you recover compensation. 

Morgan & Morgan has been standing up to corporate bullies and unscrupulous employers for decades, fighting for the rights of workers and their families. We know how intimidating it can feel to fight back against a powerful company and understand that many employees shy away from holding their employers to account. However, you should not have to put up with unfair labor practices. We can:

• Offering legal advice and guidance
• Assist with filing a discrimination claim or lawsuit
• Gather the evidence required to build your case
• Level the playing field and stand up against powerful companies
• Calculate your damages
• Negotiate for full and fair compensation
• Fight vigorously for you at trial

Contact Us Now for Help and Advice

Workplace discrimination and unfair practices can wreck your career and finances, especially if you have missed out on promotions, benefits, and raises. Additionally, the psychological consequences of experiencing unfair labor consequences can impact your self-worth and confidence for years, causing problems at work and at home. 

You do not have to stand for this. If you experienced any of the examples of unfair labor practices in the workplace mentioned in this article, or others, you could qualify for compensation. Morgan & Morgan fights for the people and not the powerful. We want you to win so you can get on with your career and life. Get started now and contact us for a free, no-obligation consultation.