Employment Lawyer in Fairfax, Virginia
A workplace injury happens all too often, across every type of injury, as an employment lawyer in Fairfax, VA knows. Though many large employers offer worker’s compensation, actually applying for benefits can be a hassle and a complicated process. If you are reporting a workplace injury, there are important steps you should take. If you need assistance filing a worker’s compensation claim, a Fairfax, VA-based employment lawyer like one from May Law, LLP can give you step by step directions and legal guidance.
Do I need to report the injury to the employer?
No matter what part you may have played in the accident, you must report to your employer so that they can be aware of the accident. There needs to be a formal report of the accident made. Be sure to follow up with your employer about next steps you should take following the accident. They may want you to fill additional paperwork or complete other actions.
What if I don’t seek medical attention right away?
The sooner you get medical treatment the better. After you report the accident to your employer, get treated for your injury. If you delay treatment you may have a more difficult time getting your claim approved because the insurance company msy question whether the injuries exist in the first place. Talk to your employer if they are able to assist you in getting treatment.
What if I don’t follow my doctor’s instructions?
After receiving immediate treatment, your doctor will give you aftercare instructions on how to treat your injury at home and promote your recovery. It is important to follow all of your doctor’s guidelines, because if you do anything to aggravate your injury your claim may be rejected since you were not following your doctor’s orders. The insurance company can claim that you worsened your injury and therefore aren’t deserving of compensation.
What are the requirements to receive compensation?
If you are planning on filing a worker’s compensation claim, see if you meet the eligibility requirements. Review the circumstances of your accident as well as your company’s policies. Make sure you were not violating any policies or laws at the time, as it could be grounds for immediate denial. If you find that your injury is eligible and you meet the qualifications, you will be able to receive benefits.
From handling discrimination cases to wage disputes, a qualified employment lawyer is knowledgable about matters relating to employment. It can be hard to make sense of how laws apply to your particular situation, so discussing your experience and the circumstances of your case with a lawyer has many benefits. Worker’s compensation claims are just one of the things that they are able to help you with. They can evaluate your case so that you are aware of your full options. You can receive legal assistance from an employment lawyer if you are having difficulty navigating your worker’s compensation claim. Talk to a trusted employment lawyer in Fairfax, VA for legal guidance and support when you are ready to file a worker’s compensation claim.
If you’ve experienced discrimination in the workplace, contacting an employment lawyer in Fairfax, Virginia can make the difference between struggling with a hostile work environment, and ensuring your work environment is a healthy and happy place to grow and learn. Whatever conflicts you are dealing with at your place of work, you can be assured that you can receive assistance in navigating them when you have a lawyer at your side. You may have heard about discrimination in the workplace – and if you’re really unfortunate, you may have heard of it (or experienced it yourself) at your own workplace. But you should never let workplace discrimination defeat you: You have a way to fight back, and a way to make sure it never happens to anyone else. Discrimination should never be tolerated. Thankfully, there are resources for workers who have experienced discrimination. Meet with an experienced and reliable employment lawyer about possible steps you can take to combat discrimination.
Contacting an employment lawyer can be an overwhelming decision, but you should never feel worried about reaching out to correct any wrongs you’ve experienced at work. It might seem like you do not have a lot of options, but you can hope to achieve a positive result from your case outcome with a lawyer’s help. There are a plethora of available resources that a lawyer has access to which can aid in your case. You don’t have to face this battle alone, and fortunately a qualified attorney can walk you through any discrimination-related cases you may bring to their office. But before you contact an employment lawyer in Fairfax, VA, it pays to learn all you can about discrimination, and how it can affect you and your colleagues.
About Discrimination in the Workplace
There are many different ways by which an employer can discriminate against employees – and it’s important to remember that discrimination can come from all directions. However, workplace discrimination can be difficult to recognize. Some forms of discrimiation are more noticeable, such as when your wages are reduced or you are passed up for a promotion because of factors such as your race or gender. In other cases, it may be more discreet, such as if an employer assigns you a schedule at odd or inconvenient hours.
Another point about discrimination that many workers might not be aware of is that discrimination can be made by co-workers who are part of your team. Discrimination isn’t just the fault of higher-ups: Your coworkers and even your own team of employees can discriminate against you. This discrimination can make life a living hell at work. You have a right to work in an environment that is healthy and conducive to productivity. You shouldn’t be constantly belittled, picked on, or bullied because of something you can’t change – something that’s part of your identity. You shouldn’t be made to feel inferior about anything you’re born with, born as, or grew into, but that’s the sad reality of discrimination suits. This is why it is important that you fight against any kind of discrimination leveled at you and meet with a lawyer for advice.
Discrimination encompasses many types of scenarios. When a person is discriminated against at their work, it is often based on age, race or gender. Some examples of grounds for discrimination complaints:
- Age: You may be older than your colleagues, or you may be younger than everyone else in the office. In either case, your age shouldn’t bar you from reaching any higher positions in the workplace, and you should never be passed over for any opportunities for growth just because of your age. Everyone should be given a fair and equal opportunity to demonstrate their knowledge, growth and skills.
- Race: Everyone should be entitled to the same opportunities. Being ignored or sidelined because your employer wanted to hire or promote someone of a different race can be grounds for a discrimination suit. Unfortunately, racial discrimination is all too common, and it often goes unnoticed and unchallenged. If you have been a victim of this particualr form of discrimination it is vital that you talk to a lawyer about your legal rights.
- Gender: Employers are required by law to pay the same wages to employees regardless of gender. It is illegal for an employer to pay you less money than a colleague solely because of your gender, but unfortunately, it’s one of the most common types of workplace discrimination.
- Religious affiliation: It doesn’t take a an employment lawyer in Fairfax, VA to know that anyone should be free to practice whichever religion they choose. Experiencing harassment because of your religion is unacceptable in the workplace. It also shouldn’t be a barrier to promotion or raises, and it certainly shouldn’t be a barrier to extra hours or overtime. Employers are expected to provide a degree of accomodation for your religious practices, and anything that makes you feel like less of an employee on account of your religion could be grounds for a lawsuit.
- Maternal status/Pregnancy: The Pregnancy Discrimination Act (PDA) makes it illegal to discriminate against employees on the basis of pregnancy. This means it’s illegal to fire an employee or pass them over for promotion because she’s pregnant. It’s also illegal to exclude pregnant employees from leave and health insurance. If you feel you were discriminated against because of your pregnancy, you should turn to an employment lawyer from May Law, LLP.
These are just a few examples of common types of discrimination that workers face across various positions and industries. There are many other examples of discrimination in the workplace, and they cover a whole range of classifications and considerations. Discrimination can happen to just about anyone, and it’s a severe blow to your personal and professional life if you know you have to clock in to a toxic workplace every day. It can have a significant impact on your ability to thrive at your job and excel in your career journey. If you are not sure if a certain experience you had in the workplace is considered discrimination, you should speak to a lawyer and they can assess your situation. Seek legal help now so that you understand what steps you need to take so that the responsible individual or employer can be held accountable. Nobody should ever have to deal with a discriminatory and hostile work environment, and May Law, LLP is here to help.
Our firm often meets with clients who may be hesitant about pursuing legal action. While this is reasonable, we encourage you to first explore your options and obtain a thorough assessment of your situation before you choose not to file a claim. If a lawyer concludes that you have a valid discrimination case, there may be compensation that you are entitled to.
At May Law, LLP, we know that discrimination has no place in the workplace. It is not acceptable that certain workers are subjected to discrimination because of factors that they cannot control. Fortunately, you can receive legal assistance so that you can hold the party responsible under the law and preserve your rights. Take action now by scheduling a consultation with a skilled and highly experienced employment lawyer. We care deeply for every client that contacts us about potential discrimination, because we understand that a toxic work environment can have a serious impact on the quality of your life and the life of those you love. Reach out to a Fairfax, VA employment lawyer who cares, and contact May Law, LLP, today.
How to Prove Discrimination in the Workplace
If you’ve been discriminated against while at work, you may want to seek immediate remediation. However, there are a number of steps you must take before justice – and compensation – can be served. An employment lawyer in Fairfax, VA can help guide you through the process.
File a Complaint
Before you are able to take your employer to court, you must file a complaint with the Equal Employment Opportunity Commission (EEOC). Be sure to file as soon as possible, as this part of the process is subject to a statute of limitations. In most cases, you only have six months to file, but sometimes up to a year.
Document Every Instance
Take careful notes of all instances of discrimination. Be sure to write down the dates, times, locations, and witnesses. Take photographs using a time stamp app on your phone for easy proof of time and place. Write down words said as direct quotes whenever possible. Screenshot all texts, emails, and other electronically corresponded evidence. It is particularly important that you download all emails sent through the employer’s servers because these emails could be deleted or locked out without notice. Your employment lawyer in Fairfax, VA can help you build your case using your collected evidence.
Conduct the McDonnell-Douglas Test
The McDonnell-Douglas test is named for a 1973 Supreme Court discrimination case. Simply put, the test measures the likelihood that discrimination occurred according to the standard set forth by law. If you can answer “yes” to the following four questions, you have a good foundation on which May Law can build your case:
- Are you or were you qualified for the opening or promotion?
- Are you a member of a protected class?
- Did your employer act negatively or punishingly toward you?
- Was the position given to somebody who is not a member of the same protected class as you?
The definitions of these terms and questions are open to interpretation, so you may need to talk with an employment lawyer in Fairfax, VA to understand your situation more clearly.
Build Your Case with Circumstantial Evidence
Interview other current and former employees who are members of the same protected class as you. Have they experienced unjust treatment? Perhaps it is difficult to find other employees in the same protected class, which is noteworthy as well. You might learn your employer’s hiring demographics point to similar discrimination long before you arrived. May Law can help with the research process as you build your case.
Questions You Should Ask Your Employment Lawyer
Is Employment Law Your Specialization?
As you search for an employment lawyer in Fairfax VA, look for one that specializes in employment law. These professionals make an effort to stay current with new employment regulations. You can also ask what percentage of their cases involve employment law. Discuss their pursuit of additional education on the topic, including the conferences they attend, professional organizations they belong to and courses they have taken recently.
Do You Have Conflicts of Interest?
Some employment attorneys represent both companies and individuals. However, if an attorney represents your company, this is a conflict of interest. In addition, the attorney may have already represented another employee of your company. You need to know right away whether your lawyers or their firms have conflicts of interest.
What Do You Think of My Case?
You should receive a free consultation from any firm that you contact. During this consultation, the employment lawyer in Fairfax VA will review your case. For example, attorneys from May Law may share your case’s strengths and weaknesses as well as what you can do to strengthen it.
You should also discuss the case strategy the lawyer will pursue. For example, do your prospects prefer to settle out of court, or are they willing to fight for the best outcome in front of a judge and jury? You can also discuss trial alternatives, such as arbitration or mediation.
Can You Give Me a Timeframe and Cost for My Case?
Some employment disputes can last months or years, but a good employment lawyer in Fairfax VA can give you an idea about how long your case will take to resolve. What you state occurred and why you are suing can have a significant impact on your case’s duration.
If your case is simple and requires a little negotiation, your fees should be minimal. You may be charged a flat fee or an hourly rate based on who is working on your case and the extent of your allegations. Ask for an itemized fee schedule and bill so you know how and how much you are being charged. If you go to trial, your costs can increase rapidly. If you win, your legal fees may be included in your award, but don’t depend on this.
How Often Will I Hear From You?
Reputable attorneys, such as those at May Law, will discuss their communication plan and preferences with you. However, don’t be afraid to ask how often you should expect to hear from your attorneys. Also, ask about their preferred method of communication. Ask when you need to contact the firm. For example, if something changes in your employment situation, you should tell your lawyer.
Common Reasons You Need an Employment Lawyer
Most people don’t even know the different ways that attorneys specializing in employment law can be called upon to help their clients. There are many different reasons that employees and employers might utilize the services of an employment lawyer in Fairfax, VA. Knowing the different aspects of why you might need an attorney to address any workplace issues will empower you to make the call for legal assistance before any work troubles grow worse.
A common reason an employment attorney may be brought in is to deal with wrongful termination. Clients can trust May Law to help them walk through what happened with their recent termination and determine if having an attorney involved could right any wrongs. There are plenty of situations where an employer may have handled the process of the firing poorly or the entire grounds for termination were faulty or without merit. There may even be situations where you need help obtaining a more fair and just severance package related to your termination. An experienced employment lawyer in Fairfax, VA can help you understand your legal rights as an employee and help you file any wrongful termination lawsuits that may be required.
Workplace Related Illness or Injuries
Accidents happen, but sometimes they are due to negligence or known issues that weren’t properly dealt with in the workplace. If you suffered from a work-related accident and your employers didn’t rectify the problem or properly compensate you for your medical bills and lost wages or salary you should look for legal representation. The same goes for if you have developed an illness that is directly related to your work position. An employment lawyer in Fairfax, VA can help you determine if you have a situation that warrants legal representation for what you have suffered.
Toxic Office Culture
The other most common reason people contact May Law for assistance is because of an employee’s toxic office culture. This can range from several types of discrimination that can occur in any office or workplace to unfair working conditions and general bullying by other employees or management. Everyone deserves a safe place to do their job, but sometimes company culture can become dangerous and damaging to the employees. Talking to an experienced employment lawyer in Fairfax, VA can help you set things right in your workplace. With their employment law expertise, you can make sure that nobody in your company has to endure a toxic work atmosphere again.
Discrimination can come from all sides.
When people think about workplace discrimination or harassment, they usually think of management exploiting their position to make life miserable for their employees. Most people think about quid-pro-quo sex scandals, or institutional racism perpetuated by managers who refuse to promote or hire people of color. However, discrimination can come from anywhere.
It can look like snide jokes or endless talking about you behind your back. And it can also surface at office parties or team meetings. It’s one thing to have banter at the office, but if you’re being purposely singled out for something that you’re unable to change, it’s completely unacceptable, and an employment lawyer in Fairfax, VA can help you get the justice you deserve.
If your coworkers are constantly harassing you on account of race, gender, sexual orientation, religion, or other deep aspect of your personal life, it’s time to put a stop to it. A toxic work environment can make clocking in a living hell, and nobody should have to suffer any more than they have to in the pursuit of stable wages and a happy, healthy work environment. Fortunately, you can contact May Law, LLP to make things right.
Contact May Law, LLP
Unfortunately, not all employment lawyers are created equal. Some only look at their clients like another paycheck, while others only offer cookie-cutter solutions even though every case is different. At May Law, LLP, you’ll have more than just a lawyer – you’ll have an advocate that’s as committed to your case as you are.
We understand that experiencing discrimination in the workplace can be frustrating, humiliating, and overwhelming. But you shouldn’t have to suffer through it alone. When you reach out to us, we’ll investigate your case and see how we can get you the justice you need, and with luck we can prevent it from ever happening to anyone else.
Don’t suffer in silence through your workplace discrimination. Reach out to a qualified employment lawyer in Fairfax, VA, and see how the professionals at May Law, LLP can help.
Employment Lawyer Fairfax VA
Of of the biggest things employees can face is a toxic workplace and contacting an employment lawyer in Fairfax VA is a great way to get things settled. If you’ve ever worked in a place where the environment is toxic then you know just how stressful things can be. Discrimination can be detrimental to your health in the long run. This can be from being overworked, not being able to work enough, or being isolated in your job.
There are many signs that your workplace is toxic. For example, it could be chronic stress, being overworked, and workplace gossip is just a few of the signs to look for. Your health is important and when your mental health suffers so does your physical health.
Common Health Effects of Toxic Work Environments
Your health is a big part of how you do your job. If you aren’t healthy then there is a significant chance that your work is going to suffer. Here are the most common effects that a toxic work environment can have on your body.
Depression is among the top three workplace problems that employees experience. Often employees don’t even realize that they are experiencing it until it impacts their physical health. Some of the symptoms of depression can be sadness, loss of interest, irritability, headaches, difficulty concentrating, guilty feelings, or other emotions that severely impact their health.
It can be difficult for people to seek treatment if their workplace is toxic though. If the workplace is fostering fear then the likeness of getting help is slim.
In many cases, the continuous fear of work leads people to anxiety. It can be hard to manage especially when the job is fostering fear. This can be from always fearing you may lose your job because of a mistake, or a boss or employee always causing an issue. Anxiety can manifest in different ways and the physical side effects can make it hard to do your job.
The toxic workplace can lead to skipping work, having negative thoughts, overreacting, and the inability to complete tasks. If the workplace is causing this then finding the help needed can be daunting as the fear often overrides everything.
Stress is not good for your body. It can have more damaging results than just mental trauma. There is a toll that happens and it can lead to damage within the brain structures. It can also lead to reduced immune functioning which means they are more likely to get sick but fear of losing their job means going in sick.
If you are feeling tired all the time then it could be because of your workplace. With so much mental toll it can lead to lack of sleep or even insomnia Someone suffering from excessive fatigue may withdraw socially, have stomach issues, have migraines frequently, and that is just the start of the list.
If you feel you are experiencing a toxic workplace then talk to an employment lawyer in Fairfax Virginia today. The team at May Law LLP is ready and willing to listen to your call.
If you’re facing unfair treatment at work, you may want to consult an employment lawyer in Fairfax, VA. A lawyer can inform you of your legal rights and advise you about the next steps to take. Here are some frequently asked questions and answers about employment law.
COMMON HEALTH EFFECTS OF TOXIC WORK ENVIRONMENTS INFOGRAPHIC
What Is an At-Will State?
An at-will state refers to a state that allows employers to terminate workers without notice or reason. However, if the reason for the termination is discriminatory or illegal in nature, it’s possible to take legal action against your employer.
What Are Illegal Reasons to Fire Someone?
Employers are prohibited from firing workers based on certain protected classes, like age, race, sexual orientation, religion and national origin. It’s also illegal to fire workers for filing for workers compensation and reporting a company’s dangerous practices.
Does an Employer Have to Provide Accommodations for My Disability?
The law requires employers to give disabled employees accommodations as long as those accommodations don’t bring undue hardship to the employer. Accommodations may include adding ramps for employees in wheelchairs and allowing service animals for visually impaired workers.
Is My Employer Required to Grant Me Maternity Leave?
Yes, the Family and Medical Leave Act lets employees take up to 12 weeks of unpaid leave due to a family or health-related issue, which includes childbirth and taking care of an infant. If you take a maternity leave, your employer is required to let you return to work.
What Steps Should I Take If My Employer Is Doing Something Illegal?
If you have reason to believe that your employer is participating in illegal practices, such as financial misconduct or violating workplace safety rules, speak to an employment lawyer in Fairfax, VA as soon as possible. He or she can assist you in filing a whistleblower claim and ensure that your rights are protected.
How Do I Know If I’ve Been Discriminated Against at Work?
Workplace discrimination isn’t always obvious. Generally, if someone at work does something negative towards you based on your race, age, religion, sexual orientation or other protected class, you are the victim of discrimination. Discrimination can occur through promotion denials, offensive jokes and other negative actions.
What Is Considered Sexual Harassment in the Workplace?
Sexual harassment in the workplace may include unwanted touching, requesting sexual favors, making unwelcome comments about someone’s appearance and offering work benefits for sexual favors.
Any termination can feel wrongful. Firing can feel completely unfair, and when it comes to getting back on your feet and finding more work, the circumstances surrounding why you left your old job can come back to haunt you for months and years. However, it can be difficult to prove that your firing was really wrongful unless you have proper evidence, and unless your firing satisfies certain criteria.
Fortunately, an employment lawyer in Fairfax, VA can help you get the compensation you deserve if you feel you’ve been wrongfully terminated. If you were wrongfully terminated, you deserve justice and you deserve real legal help to clear your name. Read this brief FAQ to learn more about what counts as wrongful termination, and get in touch with May Law, LLP today.
What Makes a Termination “Wrongful”?
Most employment falls under “at-will”, which means both you and your employer are legally allowed to terminate your employment whenever you see fit. But there are some exceptions to this rule that mean a firing was unjustified and wrongful. The most notable exceptions are firings due to discrimination, breaches of contract, and an employee’s refusal to do something illegal.
What Counts as Discrimination?
Being terminated because of an employer’s discrimination can be difficult to prove. The right lawyer can walk you through the specifics, but you would have to prove that you were fired because of your age, ethnicity, gender, religion, or because of one of the other protected aspects of your person. Discrimination affects everyone, and if you were discriminated against because of something you can’t change about yourself, you should lawyer up.
What is a Breach of Contract?
Employment revolves around contracts. You and your employer agreed to a set of terms and conditions that provided ground rules for your work. These contracts also dictate how your employment may be terminated, and when your employer should pay you. If your employer fired you without paying you for your work, or your employer fired you despite a contract’s guarantee, you could have a wrongful termination suit on your hands.
Can I be Fired for Refusing to do Something Illegal?
Many people are put in less-than-legal situations at work, but you shouldn’t be fired for refusing to comply with unlawful requests in the workplace. If your employer asked you to do something illegal as part of your job, you have a right to refuse without fear of retaliation. If you were fired because you were just trying to obey the law, you should contact an employment lawyer in Fairfax, VA.
What can an Employment Lawyer do for Me?
When you’ve lost your job, you should think about why you were fired. In some cases, there was just an incompatibility that kept both you and your employer from working well together. But in other cases, your employer was up to something much more sinister. They could have fired you because of the color of your skin, or they could have fired you to get out of paying you. And of course, they could have fired you because you didn’t want to play ball and go along with their illegal practices.
Fortunately, an employment lawyer can help you fight back against dishonest employers. They can represent you in a legal fight for the compensation you’re owed for a wrongful termination, and they can help you get back on your feet after a firing. Reach out to an employment lawyer today and see how May Law, LLP can help.