What do the employment laws state in regards to hiring policy?
Federal employment laws relating to hiring practices are clear in the fact that employers cannot base hiring decisions on characteristics of age, race, religion, sex, national origin, or disability. If you feel you have been denied a job opportunity based on these factors, you may be eligible for compensation from the company who interviewed you.
What are some signs of illegal hiring practices?
If a potential employer asks questions relating to age, religion, sex, national origin, or disability, it may be a sign that he or she is engaging in unfair discrimination. Questions like “Are you single?”, “Are you planning to get pregnant?” or “Where were you born?” are examples of discrimination-based questions employers may unfairly ask. As an applicant, you do not have to provide answers. Questions like these cannot legally be asked on job applications or hiring paperwork, unless it is stated that answering them is optional.
How are illegal employment practices proven by an attorney team?
This can be a very tricky type of case to prosecute, since it is usually the employer’s word against the employee or potential employee. With an employment law case involving the accusation of discriminatory hiring, firing, or harassment practices, it is crucial to create an accurate log of when and how the mistreatment occurred. This may include securing character and colleague witnesses, looking into past company lawsuits, and evaluating the overall work environment. Our West Virginia employment lawyers will work hard to build a strong case for you.
What is defamation of character?
Although it is legal for a former employer to share the details of a former employee’s job performance, it is illegal to provide false details that jeopardize the person’s hiring potential. “Defamation” occurs when an employer provides inaccurate information to potential employers.
If I was fired, can I sue for wrongful termination?
If your employer is in violation of a contract, you may be eligible to collect financial compensation. However, West Virginia laws are clear that at-will employees (those without a contract) may be let go for reasons excluding unfair discrimination.
If you have been treated unfairly by an employee or former employee, talk to the skilled employment discrimination attorneys at Hewitt & Salvatore, PLLC. Our team will explain all of the West Virginia employment laws to you, inform you of your rights, and help you build a case against the employer. Please contact our experienced law firm today to set up a face-to-face meeting. One call, that’s all.