The American Dream – A Short Story
My father used stories to teach us life’s lessons. One of his favorites was to tell of a conversation he had with a student that went like this…
Tell me about your plans after school. “I hope to get a good job and start making some money.” I hope you do. And then what?
“Well, at some point, I want to get married.” Wonderful and then what?
“I want to get a nice house and start a family.” Of course, and then?
“I want to raise my kids in good schools and make enough money to slow down and take family vacations.” And then?
“Well, I guess I’d like to see my kids get married and start their own families.” Good goals. What then?
“I hope I’ll be healthy enough to enjoy my later years, have a retirement, and pass along my money to my children.” I hope so too!
The moral of this story is that it has no ending. The Dream has to be lived to determine the final chapters.
Maybe you’ve long since graduated, married happily, and you are well into a career. Maybe you are already blessed with grandchildren. But has your American Dream turned into a nightmare? Have you lost your livelihood? Do you even have a job or a good retirement account? Are you threatened with the loss of your home? How is your story ending?
One thing about the American Dream, it can be wrongfully snatched away from you at the hands of a bad employer. Generally, employers have the freedom and absolute free hand to act against the interests of their employees. Unfortunately, that happens all too often.
How and why does this happen so often? A careful look at our legal system provides the answer. Employees by law are working “at the will” of the employer.
This freedom, and very wide latitude, is granted to employers by the law. The reason is part history and part to allow them to run their business effectively. This is generally a good thing for society. Unfortunately it is sometimes a “free pass” for abuse. Some workplaces reek of, unethical and illegal behavior, at odds with the freedom granted to them by the law.
Until very recently if an attorney wanted to research employment law they looked in law books under the category MASTER-SERVANT. That category is now EMPLOYER-EMPLOYEE. This speaks volumes about the antiquated legal attitude toward this relationship and how that attitude has changed somewhat today. Fortunately, we now have certain needed legal protections that provide for fairness in the workplace and with it, the American Dream.
For instance we have laws that prohibit Wrongful Termination, Discrimination, Harassment, Retaliation, Defamation resulting in blacklisting and wrongful acts under other applicable laws. See Our Practice Areas
“Justice doesn’t happen by accident.”
However, the employer is still given control of the Employer-Employee workplace and they are quite used to having it. How? – Because they are the sole decision maker. If they so choose, they can simply ignore the laws that protect working families. Ultimately, compelling the employee to take legal action to enforce any violations. They are fully aware that the burden of proving your case is upon you, not them.
The employer does NOT have to take any legal action before they make any decisions adverse to the employee, such as termination, demotion or refusal to hire. They can commit unconscionable acts and allow discrimination, sexual and other harassment, and take retaliatory action against an employee – absolutely refusing to listen to pleas for reconsideration. The antiquated laws are what really grant employers their leeway. Employees do not have such flexibility.
Employees cannot make their employer admit their wrong, which is why they are forced to take legal action. However unfair, under the law they must accept the pronouncement meted out by employers or take legal action to get fairness and correct injustice in the workplace. You must either “suffer in silence” or face the situation “head on.”
It is important to confront Workplace Injustice
So you see, you may have no control over what someone does to you. It is all about what you do about it. As a practical matter, for most of us, it’s important to confront workplace injustices. However, employers are often outspoken and vengeful against employees who dare turn to the law, even though they know employees are helpless to do otherwise. They are sophisticated, formidable and determined. The employer may fight back and blaspheme them with clichés and falsehoods leading to blacklisting – preventing finding another adequate job. You can make a difference for positive change by taking action right away to protect yourself and your family’s future. We are here to help you do that.
Fair treatment of workers builds healthier employees, families and communities. Fair treatment includes healthy and safe workplaces, a living wage, equal opportunity, a balance of work & life, reasonable privacy, and access to justice in the courtroom.
Without access employees are at the complete mercy of employers.
What legal steps do we take to get relief
After our investigation in preparation for filing legal action our legal team will first try to resolve disputes, through alternatives to litigation; we attempt to resolve by a Notice of intent to file formal legal action to the employer. If they deny what happened, we then propose to discuss settlement via direct negotiation between the lawyers. Pre-litigation mediation is considered next. If those strategies fail, then usually the employer chooses to deny and fight rather than take responsibility and a lawsuit is filed. The Employer attorneys then heavily litigate attempting to have the case dismissed or for you to give up. When unsuccessful, we make a last attempt on your behalf to settle on fair terms. After a few years it either settles or goes to trial – The American dream has turned into an American nightmare.
If you or someone you know has suffered some type of injustice at work, we want to help you and while doing so be a voice for positive change – it will help deter future misconduct. It is not your responsibility as the victim to fix the mess you did not start. Employers control the work environment, as a matter of law. At the Webb Law Firm we are Employment Law Experts with a winning track record of holding employers accountable for workplace violations and protecting working families. The law provides that employees “shall be granted all relief necessary to make the employee whole.”
Contact Us for a Free Confidential Consultation
Whenever possible, we handle cases on a contingency fee basis, our assurance that we believe in you and your case. We are confident that we can successfully recover for your harm and if we don’t win you don’t have to pay us one penny for our attorney fees. We are committed against injustice by those in powerful positions and to holding them accountable for injury or harm to innocent victims.
“Tell us about your case – We are here to help!”