DUFF LAW FIRM, P.L.C.
THOMAS J. DUFF

Duff Law Firm, P.L.C.
The Griffin Building
319 Seventh Street, Suite 600
Des Moines, Iowa 50309-3826
Telephone: (888) 251-2722
Fax: (515) 282-0477

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Employment Law Frequently Asked Questions

What creates a hostile environment? What is illegal discrimination? My employer has treated me unfairly. My supervisor criticizes me in front of other workers, embarrasses me, shouts at me and loads work on me. I believe I am in a hostile environment. Do I have a case? But it's making me depressed and sick. I cry all the time and when it is time to go to work, I get chest pains. What shall I do? If I file for workers' compensation, my employer will find a reason to fire me. Is there any protection available if I get fired for using workers' compensation benefits?

I just got fired. Many other people did what I did and didn't get fired. Some people did worse things and didn't get fired. It's just not fair. Do I have a case? My supervisor wants me to put false numbers on my records. He says we have to protect the company from the feds. I already did it once, but it made me so upset, I couldn't sleep. Shall I do it again? How long do I have to bring a lawsuit? How can I afford a lawyer?

Treating people unfairly is not illegal. An employer can fire workers for any reason or no reason. Iowa is an "at-will" state, which means that, just as you can quit whenever you want to, the employer can fire you whenever it wants to. It doesn't need a good reason. It doesn't have to be fair. There are a few very limited exceptions to the "at-will" employment rule. If you are fired, and a part of the reason is a forbidden factor, you may have an employment discrimination case. The factors an employer cannot use to fire you are your race, your national origin, your sex, your age, your condition of disability, if it can be accommodated, and your religion.

If you have a contract that guarantees your employment, you can sue for breach of contract. If your employer has made untrue statements about you that are harmful, you may have a claim for defamation. If the treatment you received violates all the principles of a civilized society, and has caused you very severe emotional distress, you may have a claim when controlling the affliction of severe emotional distress. Such a claim is a very difficult case to make. If you are employed by the government, you may have some special rights under the Constitution.

If you are fired for refusing to break the law, you may be able to sue for a violation of public policy. If you are fired because you used the Family and Medical Leave Act or because you were about to get additional pension or other benefits, your rights under ERISA may have been violated.

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