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Employment Law Will Serve You Print E-mail
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Saturday, 08 November 2008

If you feel that you've been discriminated against by your place of work, you may need an employment attorney. Laws can vary by state, so you are probably best off hiring a local attorney that has an intimate understanding of the local employment laws. There are two main forms of illegal discrimination under most state laws. The first of the two forms of illegal discrimination is the refusal to hire a person because of certain ethnic characteristics.

In most states, it is also illegal to discriminate against a person due to sexual orientation. However, Texas is one state where the law does not specifically list sexual orientation as an illegal reason to fire or refuse to hire, but it is illegal for Texas employers to inquire about one's sexual orientation.

This does not stop some employers from trying to get at it though. As an applicant, be aware of the legal questions an interviewer might ask that could reveal your sexual orientation.

It is illegal for an employer to refuse to hire anyone with any sort of criminal record or to fire a current employee if the employee turns out to have a record. It is also illegal for an employer to ask about any arrests during a job interview.

This is because being accused of a crime does not necessarily make a person guilty, and furthermore, being discriminated against because of a criminal record makes it difficult for someone to clean up their life and become a productive citizen. However, in most states employers are allowed to ask about convictions for felonies if it pertains to the job duties.

They can also inquire about an applicant's legal status if it relates to the work. In this case, it is not illegal for the employer to turn down an applicant if he or she cannot perform the job without reasonable accommodations.

If you have been unjustly fired due to any of these circumstances, you may be in the need of an employment attorney. An attorney can help you better understand the situation as well as lead you in the right direction for prosecution if need be.

If you have a case, it is very wise to seek counsel. There may even be attorneys that will take your case on the condition that you pay only if you win. This means no money upfront and no risk to you monetarily.

Make sure that you get a respectable attorney if you have been discriminated against. A good lawyer is a must if you are going against any large company who will likely have a team of powerful lawyers on their side.

 
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