Frequently Asked Questions for Employees Facing Workplace Issues

To have a valid claim, you typically need to show that:

• You belong to a protected class
• You suffered an adverse employment action (such as termination, demotion, or harassment)
• The adverse action was connected to your protected status

Before filing a lawsuit, you usually must file a charge with the Equal Employment Opportunity Commission (EEOC). Time limits apply, so contact Derek Smith Law Group at 800-807-2209 promptly for a free evaluation of your case.

• Document everything related to your complaint and termination
• Request a written explanation for your termination
• Gather copies of performance reviews and other employment records
• Make note of witnesses who can support your claims
• Consult with an employment attorney immediately

Retaliation for reporting harassment or discrimination is illegal under federal law. The Derek Smith Law Group can help protect your rights—call us at 800-807-2209 for a free consultation on your potential wrongful termination and retaliation claims.

While having evidence strengthens your case, you can still file a sexual harassment claim even if you don’t have extensive documentation. Your testimony is evidence. However, gathering the following can substantially help your case:

• Written communications (emails, texts, messages)
• Witness statements
• Notes documenting incidents (dates, times, locations, what happened, who was involved)
• Records of reporting to HR or management
• Performance reviews showing your work quality before and after harassment began

Even if documentation is limited, don’t let that stop you from exploring your legal options. The Derek Smith Law Group has experience handling cases with various levels of evidence. Call us at 800-807-2209 for a free assessment of your situation.

Successful workplace discrimination lawsuits may provide several types of compensation:

• Back pay (wages and benefits you would have earned if not for discrimination)
• Front pay (future wages if reinstatement isn’t possible)
• Emotional distress damages
• Punitive damages (to punish particularly egregious employer behavior)
• Attorney’s fees and court costs

Under federal law, there may be caps on compensatory and punitive damages depending on the size of your employer. The value of your case depends on factors like severity of discrimination, strength of evidence, and financial losses suffered.
At Derek Smith Law Group, we work on contingency—you pay nothing unless we recover money for you. Call 800-807-2209 for a free evaluation of your potential compensation.

A hostile work environment exists when unwelcome conduct based on protected characteristics (such as race, gender, religion, etc.) is severe or pervasive enough to create an abusive work atmosphere that interferes with your ability to perform your job.
Key elements of a hostile work environment claim include:

• The harassment is based on a protected characteristic
• The behavior is severe or pervasive (not just occasional or minor annoyances)
• The conduct would be offensive to a reasonable person in your position
• Your employer knew or should have known about the harassment and failed to take appropriate action

If you’re experiencing a hostile workplace, call Derek Smith Law Group at 800-807-2209 for a free consultation to understand your rights.

Time limits for filing employment discrimination claims are strict under federal law:

• You generally must file a charge with the EEOC within 180 days of the discriminatory act
• This is extended to 300 days in states with their own anti-discrimination laws

After receiving a “right to sue” notice from the EEOC, you typically have 90 days to file a lawsuit in federal court.
Some states have their own deadlines that may provide more time to file. Don’t delay seeking legal help. Contact Derek Smith Law Group at 800-807-2209 immediately if you believe you’ve faced workplace discrimination.

Under the federal Equal Pay Act, employers cannot pay employees of different sexes differently for substantially similar work performed under similar conditions.
To prove an equal pay claim, you need to show:

• You are paid less than employees of another sex
• You perform substantially similar work requiring similar skill, effort, and responsibility
• You work under similar conditions

Employers may justify pay differences based on legitimate factors like seniority, merit, production quantity/quality, or any factor other than sex—but not based on protected characteristics.
If you suspect unequal pay, contact Derek Smith Law Group at 800-807-2209 for a confidential consultation to explore your options.

Workplace retaliation occurs when an employer takes adverse action against you for engaging in legally protected activity. Protected activities include:

• Reporting discrimination or harassment
• Participating in workplace investigations
• Filing workers’ compensation claims
• Taking FMLA leave
• Whistle-blowing about illegal practices
• Refusing to perform illegal acts

Retaliation can take many forms, including termination, demotion, pay cuts, schedule changes, undesirable assignments, or increased scrutiny. Under federal law, retaliation is illegal even if your underlying complaint doesn’t succeed—as long as you made it in good faith.

Call us at 800-807-2209 for a free consultation if you believe you are being retaliated against.

If you are experiencing workplace discrimination:

• Document all discriminatory incidents with dates, times, locations, and witnesses
• Report the discrimination through your company’s complaint procedure (usually HR)
• Keep copies of all communications related to your complaint
• Review your employee handbook for relevant policies
• Maintain records of how your work performance has been evaluated
• Save any evidence showing different treatment between you and similarly situated colleagues

While reporting internally is important, many companies fail to address discrimination properly. For guidance on your specific situation, call Derek Smith Law Group at 800-807-2209 for a free, confidential consultation with an experienced employment discrimination lawyer.

Most states follow “at-will” employment rules, meaning employers can generally terminate employment for any reason or no reason. However, your termination may be wrongful if it:

• Violated federal anti-discrimination laws (based on race, gender, age, disability, etc.)
• Was retaliation for reporting illegal activity or exercising legal rights
• Breached an employment contract or violated company policy
• Violated public policy (firing for refusing to do something illegal)

If you suspect your termination was wrongful, don’t sign any separation agreements before consulting with an attorney.
The Derek Smith Law Group can analyze your situation and advise on potential claims—call 800-807-2209 for a free case review.

Deadlines vary. For federal claims, you generally have 180 to 300 days to file with the EEOC. Some state laws may allow more time. Do not wait — missing a deadline could mean losing your right to sue.

Call Derek Smith Law Group today at 800-807-2209 to protect your rights.

At Derek Smith Law Group, we take employment cases on a contingency fee basis. This means:

• You pay no upfront attorney fees
• We cover the costs of investigating and preparing your case
• We only get paid if we win money for you (through settlement or verdict)
• Our fee is a percentage of the recovery, agreed upon in advance

This arrangement makes quality legal representation accessible regardless of your financial situation. We offer free initial consultations to evaluate your case with no obligation.
If you’re facing workplace injustice, don’t let financial concerns stop you from getting help. Call Derek Smith Law Group at 800-807-2209 to discuss your situation at no cost.

During your free consultation with Derek Smith Law Group:

• You will explain your workplace situation and concerns to an experienced employment attorney
• The attorney will ask specific questions to understand potential legal claims
• You will learn about relevant laws and how they apply to your case
• The attorney will explain possible legal strategies and outcomes
• You will discuss the contingency fee structure and next steps if you decide to move forward

All consultations are completely confidential. You’re under no obligation to hire us after the consultation, but you’ll gain valuable insights about your legal position.
To schedule your free consultation, call Derek Smith Law Group at 800-807-2209 today.

Proving employment discrimination often requires both direct and indirect evidence:
Direct evidence includes:

• Explicit discriminatory statements or communications
• Discriminatory written policies
• Admissions of bias

Indirect (circumstantial) evidence includes:

• Statistical patterns showing disparate treatment
• More favorable treatment of similarly situated employees outside your protected class
• Suspicious timing of adverse actions
• Inconsistent explanations for employer decisions
• Comments showing bias, even if not directly related to the adverse action

The “burden-shifting” framework often applies in discrimination cases. First, you establish a prima facie case showing basic elements of discrimination. Then, your employer must provide a legitimate reason for their actions. Finally, you must show their reason is pretext (a cover) for discrimination.
For help building your discrimination case, call Derek Smith Law Group at 800-807-2209 for a free evaluation.

Deadlines vary. For federal claims, you generally have 180 to 300 days to file with the EEOC. Some state laws may allow more time. Do not wait — missing a deadline could mean losing your right to sue.

Call Derek Smith Law Group today at 800-807-2209 to protect your rights.

Several important federal laws protect employees from discrimination:

• Title VII of the Civil Rights Act: Prohibits discrimination based on race, color, religion, sex, and national origin
• Americans with Disabilities Act (ADA): Protects qualified individuals with disabilities
• Age Discrimination in Employment Act (ADEA): Protects workers 40 and older
• Equal Pay Act: Requires equal pay for equal work regardless of sex
• Pregnancy Discrimination Act: Prohibits discrimination based on pregnancy, childbirth, or related conditions
• Genetic Information Nondiscrimination Act (GINA): Prohibits discrimination based on genetic information
• Family and Medical Leave Act (FMLA): Provides job protection for qualified medical and family leaves

Each law has specific coverage requirements and protections. Many states have additional laws that may provide broader protections than federal law.
To understand which laws apply to your situation, call Derek Smith Law Group at 800-807-2209 for a free consultation with an experienced employment attorney.

Yes. Harassment via Zoom, Slack, email, or other digital platforms can be just as illegal as in-person harassment. Remote workers have the same legal protections.

Contact Derek Smith Law Group at 800-807-2209 to discuss your remote workplace issue.