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How to Know That You Could Have a Potential Case Against Your Employer

Have you ever felt like you’ve been treated unfairly at work? Maybe you’ve been passed over for a promotion, harassed by a coworker or supervisor, or even fired for what you believe is a discriminatory reason. If so, you may be wondering if you have a potential case against your employer.

The truth is, there are many different types of employment law violations that can occur.

Identifying Employment Violations

Some of the most common include:

Discrimination: Discrimination can occur on the basis of race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, gender identity, or veteran status.
Harassment: Harassment can take many forms, including sexual harassment and hostile work environment.
Retaliation: Retaliation occurs when an employer takes adverse action against an employee for complaining about discrimination, harassment, or other illegal activity.
Wrongful termination: Wrongful termination occurs when an employer fires an employee for an illegal reason, such as discrimination or retaliation.
Wage and hour violations: Wage and hour violations can include not paying employees minimum wage, not paying employees overtime, and not providing employees with required meal and rest breaks.

Questions To Ask Yourself

If you think you have a potential case against your employer, it’s important to first identify the specific type of violation that occurred. Once you know what type of violation you’re dealing with, you can start to gather evidence to support your case.

Here are some things to look for when trying to determine if you have a potential case against your employer:

Did you suffer an adverse employment action? An adverse employment action is any action that materially affects your employment, such as being fired, demoted, or passed over for a promotion.
Was the adverse employment action motivated by a discriminatory or illegal reason? For example, were you fired because of your race, sex, age, or disability? Were you harassed by a coworker or supervisor because of your sexual orientation?
Did your employer have a policy or practice that discriminated against employees in your protected class? For example, did your employer have a policy of not hiring women of childbearing age? Did your employer have a practice of demoting employees over the age of 50?
Was your employer aware of the discrimination or harassment and did nothing to stop it? For example, did you report the discrimination or harassment to your supervisor or HR department and nothing was done?
Is there evidence to support your claims? Evidence can include things like emails, text messages, witness statements, and company records.

If you can answer yes to all of these questions, then you may have a potential case against your employer.

Legal Recourses and Employment Law in San Diego

San Diego employees have a number of legal resources available to them if they believe they have been the victim of an employment law violation.

One of the most important legal recourse is contacting a San Diego employment attorney. John P. Martin, Attorney at Law has a proven track record of success in representing employees in employment law matters. John P. Martin, Attorney at Law can help you assess your case, gather evidence, and develop a legal strategy.

Another important resource for San Diego employees is the Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal laws that prohibit discrimination in the workplace. The EEOC can help employees who have been discriminated against on the basis of race, color, religion, sex, national origin, age, or disability.

In addition to EEOC, San Diego employees can also file lawsuits against their employers for employment law violations. Employment law lawsuits can be complex and time-consuming, so it is important to consult with an experienced employment law attorney before filing a lawsuit.

Securing Your Tomorrow, Today

In the professional arena, where every step forward is critical, encountering workplace discrimination or harassment can be both disheartening and obstructive. In instances such as these, having a seasoned San Diego employment attorney, can mean the difference between silently bearing the burden of injustice and confidently stepping towards rectification.

Embark on a journey towards justice, equality, and a discrimination-free workplace with a seasoned advocate by your side. Your first step towards justice begins with a conversation. Reach out to John P. Martin, Attorney at Law, and let your voice forge the path to a fairer, more equitable workplace for all.

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JPM What can I say about Mr. John Paul Martin that hasn't already been said. This man is a great lawyer and even more than that he is a great human being! I came to know John during a case where he was the lawyer for the class and I was one of the reps. John didn't just care about the case he cared about me as a human being. He would call me just to chat about whatever. How many lawyers let alone friends do that. We still talk to this day.

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We retained Mr. Martin's services in connection with employee related issues, and we needed someone to advise us to prevent such incidents occurring within our company. Mr. Martin's professionalism, candor, and research was greatly appreciated, and we were able to resolve our issues with his assistance, and to minimize the risk further incidents will occur. We are very appreciative of John's legal guidance, and I would not hesitate to recommend him for his professional services.

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John represented me with very favorable results in two employment cases: one wrongful termination and one for discrimination. John is an expert in employment law and brilliant in his thinking about a case. He has an amazing ability to craft profound arguments for a case and is so creative in finding flaws in the arguments he is presented with. What I appreciate most about John, aside from getting favorable results, is that he cares about his clients and is dedicated to helping those who have been wronged.

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If you are looking for an attorney with plenty of experience in handling difficult cases,Mr. John Martin, Esq. is your best candidate. John Martin persevered and won one of the most difficult cases when he fought against Sears Roebuck & Co. for the rights of myself and thousands of co-workers. The case involved years of investigative and collective work by Mr. Martin that included collecting information from the thousands of co-workers through discovery, and depositions. With due diligence, wisdom and innovative and creative lawyering, Mr. Martin prevailed in a case that set laws and standards within the work industry for tens of thousands of employees and collected and distributed compensatory damages to thousands of class members. Mr. Martin is a solid choice when it comes to finding an attorney that will lead a case with determination, detail, focus and above all, in the best interest of his client(s). He will always be my first call should I need legal assistance for employment law or civil litigation. Besides being an intelligent and sharp-witted adversary for any defense counsel to contend against, he also always puts his clients first and foremost.

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