I was suspended because a temp asked my boss to drug test me and I went and took the test, I passed but was suspended for 4 days until the drug test came back and got a write up. There was no basis for me to be tested. I was falsely accused and lost a weeks pay. I live in the state of Kentucky and would like to know if I have any rights.
You have RIGHTS IN THE WORK PLACE! Employment attorneys can help you keep your job and/or get fair compensation. Retaliation, Illegal Harassment or bullying activity in the workplace should be based on comments or actions against a protected class (race, gender, age, religion, sexual identity, disability, etc.). If you are being harassed because of your race, gender, age, religion, sexual identity, disability, etc., then you should report it as such to the Human Resource Director at your place of employment and/or your Union Representative. If that does not resolve the situation, consult with your State Employment Agency or the Equal Employment Opportunity Commission (EEOC). You should also talk to your Union Representative.
Retaliation: Federal law protects employees from retaliation when employees complain, either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC), about workplace discrimination or harassment. That's true even if the claim turns out to be unfounded, as long as it was made in good faith.
A “Hostile Work Environment” or “Harassment” generally consists of inappropriate behavior in the workplace that is either severe or pervasive enough to create an abusive work atmosphere for one or more employees. Basically Hostile Work Environment or Harassment occurs when someone in the workplace mistreats another person based on their gender, race, national origin, sexual orientation, disability, etc., in a way that falls outside the job description of the person committing the Harassment. Hostile work harassment may be sexual or gender-based harassment--but it may also be non-sexual Harassment, such as Harassment on the basis of race/ethnicity, religious harassment, disability harassment, etc. Hostile Work Environment or Harassment can be committed by non-supervisors as well as by supervisors; and Hostile Work Environment or Harassment is distinct from workplace discrimination but the two can easily be confused.
It is easier for an employee to successfully sue an employer for Hostile Work Environment or Harassment if the harasser is a supervisor or “Boss”. When someone is harassed by a supervisor, then the employer is strictly liable for the Harassment, even if the employer's behavior was not negligent in any way. But if someone other than a supervisor commits Hostile Work Environment or Harassment, then the employer is only liable if it behaved negligently.
If a supervisor regularly directed sexist, abusive comments toward female employees, which would be Hostile Work Environment or Harassment. But if that same supervisor tended to give promotions and raises only to men, that would be employment discrimination.
Civil Law Courts sometimes have “self-help” departments staffed by paralegals to assist the general public with the selection, completion and filing of employment related motions. These individuals are knowledgeable in employment issues. They may or may not give you legal advice specific to your case, but they will give you practical advice on how best to proceed, what forms to file, and anticipated time frames involved.
If possible you should consult in person with a qualified Illinois Employment Attorney, or your Legal Aid Office. This is not legal advice. You need to speak to an attorney who is licensed in your state for legal advice. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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