Employees have numerous rights under the law. Unfortunately, employers have a long history of discriminating against their employees and violating their rights. When an employer takes detrimental action because of an employee’s gender, race, disability, or the many other prohibited reasons, the employer can be held accountable under the law and penalized. But it is up to employees who have been wronged to step forward and hold their employer accountable. If employees do not, then employers get a free pass and are likely to repeat their illegal actions.
What types of employment discrimination cases do the attorneys at Kroll & Johnson handle?
The attorneys at Kroll & Johnson,, P.C. assist employees in the following types of cases:
There are few things worse in life than working hard and being a dependable employee, only to have your employer focus on the fact that you’re a female, or suffer from a physical disability, and use that as a reason to deny you a promotion. Worse still, some employers will even terminate you using what is called a “pretext.” This just means that the employer knows they cannot take the detrimental employment action based on their real reason, so instead they have to make one up.
If you have recently been terminated, demoted or reassigned and you suspect that the real reason was your gender, race, or sexual orientation, then you should talk to an experienced employment litigation attorney at Kroll & Johnson, P.C. The initial consultation is completely free and confidential, so you have nothing to lose.
Employers cover up their improper conduct
Employers and their human resources departments have gotten very good at making up reasons to hide their real discriminatory motivation. For example, if an employer wishes to get rid of an employee but has no valid reason to do so, the employer will often initiate an internal investigation of the employee. Invariably, these so-called investigations uncover some sort of alleged wrongdoing, giving the employer an easy way to fire the employee. Another classic way that employers try and shield themselves from liability for employment discrimination is by causing performance reviews to plunge in the weeks or months before the employee is terminated. This is called “papering the file” and it occurs because employers know that they need to establish what is referred to in employment law as a “legitimate, nondiscriminatory, business reason” for the discriminatory employment action.
This is why it is extremely important to seek out an attorney that practices in the field of employment discrimination. The sooner an attorney is sought out to evaluate your case, the quicker an investigation can occur to establish that your rights have been violated. This is vital because your leverage against a discriminating employer comes from forcing them to defend themselves and their practices at an arbitration or trial. Employers know that their image will be tarnished if they are accused of discriminating against their employees, and because of this they are extremely hesitant to step into a courtroom and have their real motivations unveiled.
However, this requires employees to stand up for their rights and not allow their employers to take advantage of them. Just remember, every employee who has been wronged that steps forward and refuses to be taken advantage of prevents future employees from having to go through what they went through. In this sense, every employee who brings a legitimate employment discrimination action against their employer is one small part of the movement that is reshaping how employers treat their employees.
The Oregon employment discrimination attorneys at Kroll & Johnson, P.C. are familiar with the tricks that employers use, and are ready to fight back on your behalf.
What can I recover if I have been discriminated against?
In an employment discrimination action, the employee that prevails is compensated for his or her employer’s wrongful discrimination. Damages include past wage loss and future wage loss. Employees can also recover for the mental anguish that was caused by the discriminatory action. In addition, punitive damages can be brought against the employer to punish them for discriminating. Attorney fees can also potentially be recovered.
It is important to properly investigate employment discrimination claims as soon as is possible
The attorneys at Kroll & Johnson, P.C. have experience assisting employees in their times of need. Every employment discrimination case is unique, so it is important to have it evaluated by an attorney who is willing to invest the time to properly investigate your case and determine all the potential claims that can be brought against your employer. This can be done with the assistance of Oregon’s Bureau of Labor and Industry (BOLI), which does conduct an independent investigation if it is requested, but an investigation can also be done with private investigators who are trained to gather the facts and witnesses necessary to bringing a successful employment discrimination action.
Why is it important to be willing to go to trial?
The attorneys at Kroll & Johnson, P.C. aggressively litigate employment discrimination cases because they know that it is only by forcing an employer into a court of law that they can truly be held accountable for their reprehensible conduct. If an employer is found liable, and forced to pay for their improper conduct, then the compensation they are forced to pay sends a clear message that the Portland community does accept and will not condone discrimination in the workplace.
The Portland employment discrimination attorneys at Kroll & Johnson, P.C. have the requisite trial experience that enables them to aggressively litigate employment discrimination claims to the benefit of their clients. If an employment discrimination attorney does not express a willingness to bring your case in front of a jury, you should think twice before retaining him or her.