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Unfair Treatment at Work

Most people don’t know what their options are when dealing with unfair treatment at work. They tend to ask questions like, how to deal with unfair treatment at work, how to report unfair treatment at work, and employment law unfair treatment. People may turn to Experts for help. Listed below is five of the Top Unfair Treatment at Work Questions.

Is unfair treatment a type of harassment?

In most situations this can be true, harassment is legally defined as the act of continued unwanted and annoying actions of one party or a group, including threats and demands. The purposes may vary, including racial prejudice, personal malice, and an attempt to force someone to quit a job or grant sexual favors, apply illegal pressure to collect a bill or merely gain sadistic pleasure from making someone anxious or fearful. Such activities may be the basis for a lawsuit if due to discrimination based on race or sex, a violation on the statutory limitations on collection agencies, involve revenge by an ex-spouse, or be shown to be a form of blackmail. Many times unfair treatment in the workplace can often be considered harassment.

If someone has been receiving unfair treatment at work, but they are not sure why, what can they do legally?

Absent a written agreement to the contrary, an employee can be treated differently or discriminated against for any reason, as long as the reason is not prohibited by law.

Federal laws prohibit employment discrimination on the grounds of race, religion, sex, national origin, age, disability, past, current, or future military obligations, Family Medical Leave Act usage or filing a worker’s compensation claim. If you think that your treatment was based one of these protected areas you may have an actionable claim against your employer. To make a claim against your employer, you must file a "charge of discrimination" with the Equal Employment Opportunity Commission (EEOC). The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation.

Do fair labor laws cover unfair treatment or harassment in the state of Alabama?

In Alabama there are really no state laws that offer this protection. Therefore the only protections available for this kind of misconduct are federal laws, specifically Title VII of the Civil Rights Act. Title VII prohibits unfair treatment and or harassment based on race, gender, nationality, or religion. Also, if you've engaged in some kind of protected activity such as filing a complaint under another state or Federal law, the employer cannot treat you unfairly or harass you based on you filing the complaint.

How can someone prove unfair treatment practiced by employers?

Employment is considered at will unless there is a written contract to the contrary. What this means is that an employer can set the rules, hire, fire, promote and pay based on the employer's discretion and it is only going to be considered if the sole reason for the employer's actions are based on the age/race/sex/disability of the employee or in retaliation for reporting or taking advantage of a legally guaranteed right (such as applying for leave under the Family and Medical Leave Act or for Workers Compensation or for filing a complaint about illegal discrimination based on age/race/sex/disability). Other than treatment based on age/race/sex/disability it is not considered unlawful unfair treatment.

If someone filed an grievance 7 months ago for unfair treatment, discrimination and favoritism, and the party won that grievance and now the party is being retaliation against, harassed, and bullied, is the statute of limitations 180 days for filing a grievance with the EEOC?

If the 180 day time period has passed you cannot file a complaint with the EEOC. But you can still sue the employer for their allowing retaliation if you have reported it and they failed to remedy the situation. You have up to 2 years to file the lawsuit.

Unfair treatment at work is a very interesting but different topic and many times hard to prove. Many people are facing unfair treatment at work, and have many questions and no answers. By asking the Expert’s individual’s can get their questions answered fast and promptly.
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Recent Unfair Treatment Questions

  • Physician right to unionize to save small/solo practices

    I am a physician in Georgia. My practise is very diverse but my obstetrical arm serves mostly disadvantages and underinsured patients. My state has not increased the amount it pays for Global Obstetrical care ($1305 in 2001 when I went into private practise and $1305 today) in at least 14 years. I have an EOB (estimate of benefits) statement from the older physician who sold me his practise in 2001/2002 dating back to 1994 and it shows that the Georgia Medicaid department paid $1296 for global obstetrical care in that year (1994). That means that Medicaid has increased pay to physicians delivering babies in Georgia by just nine dollars ($9) over the last 20 years while state workers, contracters, subcontractors, legislators, etc. have had many pay increases over that same period. Many small practises like mine have become insolvent and many of the providers have died or suffered life-altering medical conditions due to the lack of fair pay by the state medicaid board using federal dollars that are awarded to the state to care for indigent patients. My three questions are: 1. What recourse is there for physicians that essential work for medicaid to force them to pay a fair and equitable fee for services rendered ( note that Medicare or the Federal Gov. indigent care program pays $2200 for global obstetrical care now...$900 more per delivered patient)? 2. Given that football players and basketball players play for different teams but are covered by the same labor union, why can't physicians unionize to have a more concerted voice in issues related to them like fair compensation? 3. The Federal government requires equal treatment under the law, especially when federal dollars are used. Can physicians legally be singled out and paid less for the sole purpose of balancing state budgets when other state employees and citizens in general are allowed to work, live , and thrive in our free market system? Thanks in advance for your insight!


     


     


    Last comment.  I am a solo practice OB/GYN in Georgia. There are thousands of others like me who are dying and are distraught but unsure how to try to fight the gigantic machine of our state government.  The two older physicians that I purchased their practices to start my own small group practise both died 14-15 years less than their average life expectancy.  13 years later and one heart attack later, I am seeking help to learn how to do my part to save the lives of health care providers who are dying while serving the disadvantaged of our country.  Please, please point me in the right direction.  By the way, I contacted the civil liberties department five or so times without a single reply.

  • My daughter is in high school and has been picked on by a teacher

    My daughter is in high school and has been picked on by a teacher that runs the drama department. She has been blamed for things she did not do, yelled at and humiliated. She has continued to support the org and has just wants to participate. (and is talented) I have talked verbally on another occasion to the principal about the teacher's actions. She has had a good attitude and once again tried out for a play and has been blackballed again. She also has a medical diagnosis for OCD/anxiety disorders. I want to pursue action against this teacher for her unfair treatment. Are there any laws that would support our family. This has brought great pain to our family.
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    My sister was fired. She believes that her employer created a hostile work environment and tried to get her to quit. Reason being she is using intermittent FMLA and because of her age and tenure. She did fail to meet deadlines for calling in sick (by minutes), and the rules kept changing. She tried many times to appeal the disciplinary action with HR but they told her to go to her supervisor. Her supervisor told her to go to HR - she was never heard and what she considered unfair treatment could never get expunged. She was given more of a workload than her co-workers and not everyone was treated the same. Again, she seemed to be singled out / targeted.
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