Employee Workplace Rights �

What are your rights?�Do you have any?�

!   The short answer is there is essentially nothing you can do about it.�

!   You can be fired at any time for any reason or no reason.�

!   You are not entitled to any notice. �

!   You are not entitled to any severance.�

!   You are not entitled to anything.�

!   Employers are not obligated to provide any notice or reason for your termination and they are definitely not obligated to provide you with a severance package.�

Q: I’ve been a great employee for 5 years. I am rarely out sick and have always had great

evaluations. Today, they fired me for no reason and did not offer any severance. What can I

do?�

Q: I work in a very hostile workplace. The supervisor picks on everyone. He’s always

threatening to fire us. The stress is effecting my health but I need my job. What can I do?�

!   Again, sadly, not much.�

!   If your supervisor or manager treats everyone the same, then you are working for an equal opportunity moron. Your employer is allowed to be mean, rude, disrespectful. They are allowed to be unprofessional toward you, call you names and be downright nasty. �

!   As long as they are treating everyone the same, it’s probably legal.�

!   If you are the only one who is being treated hostilely, you need to ask yourself WHY? Why are YOU being treated differently?�

Q: Year after year, I have received outstanding achievement awards for my performance. Due to a re-org, I’ve been reassigned. My new manager

and I don’t get along. I am afraid I will be fired.�

!   And you probably will be if you can’t get yourself transferred to another department or division.�

!   There is no law that says your employer must like you. There is no law stating an employer must be nice, polite or professional.�

!   You are working at the ‘will’, or as some would say, the ‘whim’ of your employer.�

Q: I am six months pregnant and my boss just fired me because he says he’s eliminating my

position. I thought it was illegal to fire someone who is pregnant.�

!   Survey says WRONG! �

!   If your employer is truly eliminating your position, you can be fired whether you’re pregnant or not. If your company has decided that your responsibilities can be absorbed by others, then your pregnancy may have had little bearing on their decision.�

!   An employer is allowed to fire you if you are pregnant. If you are screwing up and they have spoken with you about it in the past, you can be terminated. That would probably be legal.�

!   What they can NOT do is fire you BECAUSE you are pregnant. �

Q: So, do I have ANY rights?�

!   Essentially, the only laws that provide protections for employees are the various federal, state and city anti-discrimination statutes. �

!   Anti-discrimination statutes are the laws that protect employees from being treated differently from their coworkers, if the reason for the differential treatment is based on a ‘protected status’, such as age, race, color, national origin, sex, gender, disability (including pregnancy) and sexual orientation. These are your civil rights. �

!   Your employer can treat you just about any way they want AS LONG AS they are not treating you that way because you are black, hispanic, pregnant or disabled, for example.�

Q: What should I do if I feel I am being discriminated against because I am (fill in a protected

status)?�

!   First, and most importantly, DO NOT QUIT! QUIT is a 4 letter word that you don’t want to do. Never, ever resign. All your power and legal leverage is lost when you quit your job and walk away. We understand you may get to the point you can’t stand it another moment, RESIST. Take a breathe. Take a break. Call a lawyer. DON’T QUIT.�

!   You need to formally notify your employer of your grievance. There can be no civil rights violation until your employer is ‘on notice’ of your belief you are being treated differently. Under the law, your employer is allowed the opportunity to investigate your claim and take corrective action if necessary.�

!   If you don’t tell them, and you try to sue them, they might say ‘he never told us. how could we fix it for him?’.�

More on Formal Notification �

!   Often, people will say ‘I might be fired if I complain’.�

!   The fact is if you are being discriminated against, chances are you’re in a situation that is not sustainable. Either you will quit because you can’t take it anymore. Or they will ultimately fire you anyway.�

!   Put your complaint in writing and send it to the head of HR or the head of the company, in a verifiable way such as certified mail or FedEx. Some way that you can prove they signed and received your letter. (Emails are not necessarily the best way.)�

!   Verbal notification doesn’t help. You need to protect yourself by generating a paper trail of your protected grievances.�

Recap of the 4 IMPORTANT STEPS to protecting yourself�

!   1. DON’T QUIT.�

!   2. Formally notify your employer of your complaint in writing. Put it in a brief letter.�

!   Send your letter in a way you can prove they received it.�

!   3. Then wait to see how they respond. And DON’T QUIT while you’re waiting.�

!   4. Seek guidance from a qualified employment attorney.�

!   DON’T QUIT.�

!   This is not a complete resource nor should it replace legal advice from a qualified employment lawyer regarding the specifics of your particular situation.�

Resources�

!   NELA.org This is the National Employment Lawyers Association, a good site to search for a qualified plaintiff’s attorney to consult for advice regarding your specific circumstances.�

!   EEOC.gov This is the US Equal Employment Opportunity Commission website on federal laws covering your employment rights�

!   womensrightsny.com This is our website where you can find information on just about every area of workplace discrimination.�

!   Tuckner, Sipser, Weinstock & Sipser, LLP�

!   www.womensrightsny.com �

!   New York City, New York �

!   212-766-9100 �