However, that should not be done without establishing the requirements that would qualify your workplace conflict for legal redress. At Horowitz & Rubinoff, we carry out an initial analysis of your case to determine if the case meets our requirements and the chances of success. This step helps us avoid wasting a lot of time, energy, and possibly your disappointment, by singling out cases that have a slug to go with them. In this manner, our attorneys rely on their experience to establish which particular laws and protections that are assemblage to your case to appraise the plausibility of guaranteed outcome.
Evaluating Legal Standing
Another interesting thing about resolving workplace disagreements is that not all of them are eligible for legal actions. In order for a case to proceed there has to be a connection to present legal rules and rights. Here are the key areas we examine:
Discrimination Claims
Discrimination cases consist of prejudice on the grounds of some characteristics including age, race, sex, disability or sexual orientation. These types of claims are under sections of federal, state, or local human anti-discrimination acts for example, the Title VII of Civil Rights Act or Americans with disabilities Act. Workplace policies and practices, reports of communication between personnel and documents of previous events may be used to assess whether your rights have been violated.
Harassment Allegations
Sexual harassment or a toxic work environment case for instance, usually needs a complex investigation process. Which include weighing issues like the extent to which the behavior that the employee in question was indulging in was appropriate or otherwise, the number of times one was involved, the response of the employer or lack of it, or whether there was a sign of one having been receptive to the outcome of one’s actions. It is often hard to prove harassment but our team will always make sure that we can establish a pattern to tailor our case as necessary.
Wage and Hour Disputes
Overtime, wages, not being paid, employees, or no rest breaks are all considered wage hour laws. These laws help to provide fair wage for workers in their respective organizations. With the documents such as the payroll records, we determine whether your employer has violated such laws as sexual harassment or discrimination in the employment contracts.
Retaliation Cases
If you have been fired, suspended, transferred, denied a promotion, subjected to unfair criticism, or verbally abused or bullied because of reporting a violation of the law at your workplace, or exercising your rights at work, it could be retaliation. Especially, we pay a focus on these cases, investigating whether your employer failed to observe the rights of a whistleblower or other principles that should be provided to an employee who tries to defend himself/herself and others.
Contract Breaches
Employment contracts are formalised agreements and where an employer has entered into an employment contract, it could be a breach of the conditions of the contract if the employer does not fulfill those obligations. Some of the matters could be wrongful dismissal, unpaid notice pay, or no provision of promised compensation. We analyze your contract with your employer and compare its terms with the employer’s conduct to establish violation of the law.
Factors We Consider
At Horowitz & Rubinoff, we systematically analyze your work place issue to determine the feasibility of the conflict. To achieve optimum results and strong foundation for your case, the key facets of case evaluation are crucially analyzed. This is a very tedious process that enables us to figure out whether your claim is legally sufficient and whether it is worth taking to trial.