In an ideal world, everyone would always feel welcome and appreciated at work. Employers would treat their workers fairly and compensate them based on their qualifications, performance, and effort. However, we all recognize that unfair employee treatment happens, which can create tense workplace environments and cause significant stress and anxiety for employees who believe they have been treated unjustly by their superiors. While federal and state employment protection laws prohibit discrimination based on race, national origin, age, sex, disability, and other protected classes, not all instances of unfair treatment are illegal or actionable. Rhode Island is an at-will employment state, meaning that employers can fire, discipline, or mistreat employees without necessarily violating employment laws—unless their actions constitute discrimination, retaliation, or breach of contract.
Distinguishing between unfair treatment and illegal conduct can be challenging. Unfair treatment, while often unjust, does not always violate the law. The key difference lies in whether an employer’s actions are based on a worker’s protected class. For example, denying a well-qualified employee a promotion due to their race is illegal discrimination, while promoting a less-qualified personal friend over another employee, though unfair, is not necessarily unlawful.
If you believe you have been subjected to unfair treatment at work, it’s important to determine whether your experience involves a violation of employment laws. Consulting a knowledgeable Rhode Island employment law attorney can help you assess the specific circumstances of your case and determine whether you are entitled to take legal action against the employer. This post will explore some signs of unfair treatment at work, legal distinctions between unfair treatment and illegal conduct, and the steps you can take to protect your rights.
At-Will Employment vs. Wrongful Termination in Rhode Island
As an at-will employment state, Rhode Island allows employers to terminate workers at any time without providing them with a specific reason for firing them or giving them prior notice. However, federal and state employment protection laws provide clear exceptions to at-will employment actions in order to prevent companies from taking advantage of or exploiting their employees. Generally speaking, employers in Rhode Island cannot terminate workers due to discrimination, retaliation because the worker has engaged in protected conduct like complaining about a violation of law or refusing to violate a law, or when the firing breaches the terms of an existing employment contract. If you believe that your employer has taken an adverse action against you based on one of these factors, you may have legal recourse to file a wrongful termination claim against your employer. Below are some examples of unfair treatment at work that may entitle you to hold your employer legally and financially accountable for their unlawful actions.
Discrimination on the Basis of a Protected Class
Laws at the federal and state levels protect employees from several protected classes from employment discrimination. According to the Rhode Island Commission for Human Rights, the state’s “employment and public accommodations statutes prohibit discrimination based on race, color, sex (including pregnancy and sexual harassment), disability, ancestral origin, religion, sexual orientation, gender identity/expression, and age.” An employer cannot discriminate against an employee based on these factors, and wrongful termination based on protected class is illegal and actionable.
Example: If you notified your employer that you are pregnant and they subsequently fired you or denied you a hard-earned promotion that you were otherwise the most qualified candidate for the position, contact a skilled and knowledgeable employment law attorney to explore your options for taking legal action against your employer for this instance of employment discrimination or wrongful termination.
Workplace Harassment vs. Unfair Treatment
While unfair treatment at work is not always illegal, harassment based on a protected class is. Employees who experience a hostile work environment due to severe or pervasive harassment based on race, gender, disability, or other protected characteristics may have legal grounds to file a claim.
Example: If a supervisor consistently makes offensive comments about an employee’s gender or ethnicity, this could constitute illegal workplace harassment.
Wage and Hour Violations as a Form of Unfair Treatment
Unfair pay practices may violate federal and state wage laws, even if they are not outright discriminatory. Employees who are denied overtime pay, forced to work off the clock, or misclassified as independent contractors may have legal claims under the Fair Labor Standards Act (FLSA) and Rhode Island labor laws.
Example: If an employer refuses to pay a worker overtime wages they are entitled to, this could be a wage violation claim.
Retaliation
Under multiple federal and state laws, including the Rhode Island Whistleblowers’ Protection Act, it is illegal for an employer to terminate an employee because they reported or complained about violations of law internally or externally, because they engaged in other protected conduct such as requesting reasonable accommodation, and/or because they refuse to violate the law on the employer’s behalf.
Example: If an employee reports that their workplace violates occupational health and safety standards or consistently engages in wage theft or overtime violations, the employer cannot take adverse action against the employee for reporting their concerns to law enforcement or other officials.
If you suspect that your employer fired you because you lodged a workplace safety violation, reach out to a highly experienced and trusted wrongful termination attorney to discuss your legal rights and options.
Family and Medical Leave Act (FMLA) Violations
Employees who qualify for FMLA or RI PFMLA leave cannot be punished or retaliated against for taking time off due to a serious health condition or to care for a family member.
Example: If an employee takes leave for a medical procedure and is demoted upon returning, this may violate FMLA protections.
Breaking an Existing Employment Contract
When an employment contract is in place, the employer lacks the legal right to fire the worker if this action violates the terms included in the contract. If your employer has fired you and this action clearly breaches the terms of your employment contract, enlisting the guidance of a knowledgeable and experienced employment law attorney is highly recommended to ensure that you fully understand your rights and options.
Learn More About Your Rights as an Employee Today
Feeling unwelcome or undervalued at work can be stressful and demoralizing. If you suspect that you were subjected to an act of employment discrimination or wrongful termination, it’s essential that you take steps right away to protect yourself. Document everything. Gather any information you can and keep careful records, including emails, performance reviews, and witness information, about the circumstances of the incident. Additionally, report the incident to the appropriate authority (i.e., Human Resources or the individual identified in the Employment Handbook) in writing and keep a copy of that complaint/report. It’s also worth contacting a trusted and experienced employment law attorney who can help you understand your rights and options for taking legal action against your employer for their unlawful actions. You may have the right to pursue a lawsuit for wrongful termination, retaliation, or discrimination and seek compensation for lost wages, emotional distress, and other damages. Additionally, an experience employment law attorney can assist you with negotiating a severance agreement if you are being pushed out illegally or the circumstances otherwise warrants it.
If you believe that your employer has violated federal or state employment laws in any way, the dedicated legal team at Sinapi law Associates, Ltd., is here to assist you. Please contact our Warwick, Rhode Island office today at (401) 739-9690 to get started with a highly qualified and experienced employment law attorney.
