Iowa Employment Law Attorneys

At-will employment means that you or your Iowa employer can end the employment relationship at will, at any time, and for any reason or for no reason at all.

You are most likely an at-will employee unless you have a contract specifying specific terms and length of employment or you benefit from a collective bargaining agreement.

Being an at-will employee does not mean you are without rights. Both Iowa and federal laws make it illegal for an employer to discriminate against you based on your membership in a protected class. You also have job protection rights if you pursue or receive benefits under the Family and Medical Leave Act (FMLA). Iowa law also protects employees who participate in activities that are clearly protected by a public policy of the state of Iowa.

Workplace harassment and discrimination are illegal if the person targets you because of your:

• Age
• Religion
• Race or color
• National origin
• Sexual orientation
• Gender identity
• Disability

Depending where in Iowa you are located, you may also belong to a protected class based on your marital or family status.

In addition, Iowa workers are protected from all forms of sexual harassment, which includes:

• Unwanted touching, gesturing, or other physical contact
• Verbal harassment, such as lewd jokes and comments
• Quid-pro-quo harassment, which is when a boss or supervisor promises a raise or other job perks in exchange for allowing inappropriate conduct

There are many ways that an employer could retaliate against you:

• Transferring you to a less desirable department or shift
• Demoting you
• Withholding a raise or a promotion
• Giving you an unfair and negative performance evaluation
• Reducing your pay or your benefits
• Verbally abusing you
• Firing you

In order for you to be legally protected from retaliation, the retaliation must by in response to your participation in an activity that the law considers protected from retaliation, such as:

Taking approved FMLA leave

Making a workers’ compensation claim

Reporting illegal activity (whistleblowing)

Fulfilling mandatory reporter obligations

Making a complaint to OSHA or another workplace safety agency

Speaking out against workplace harassment or discrimination

Requesting disability accommodations

No, quitting your job can have significant negative consequences if you intend to file an employment law case in Iowa.

There are several reasons why quitting your job can damage a claim against your employer:

• You Lose Proof That You Tried to Resolve the Issue: Iowa employers are legally required to put a stop to any unlawful behavior once they know about it. Your case will be stronger if you first attempt to fight against the harassment or discrimination through the channels laid out by the company’s human resources department. If you quit or resign, you lose proof that you attempted to resolve the issue appropriately.
• You Lose Access to Email and Other Potential Evidence: When you quit, you will lose access to your work email account, workplace messaging apps, video recordings, audio recordings, meeting calendar, and other important documents that may back up your case. Maintaining access to this information can help your lawyer build a much stronger claim.
• You Will Lose Potential Damages for Lost Wages: If you are wrongfully terminated from your job, you may be able to collect damages for lost wages and benefits from a settlement or trial. However, if you resign, you give up the ability to collect those damages. Wage losses can be a big part of an employment settlement depending on your salary at the job you were fired from compared to your salary at any new job.
• You Forfeit a Steady Paycheck: When you quit, you forfeit a steady paycheck and employer-provided benefits. While you may ultimately win your employment case down the road and get some compensation, it’s a good idea to keep your job so you can maintain your health insurance coverage and have money coming in to pay the bills.

You have 300 days from the date of the discriminatory act to file a complaint with the Iowa Civil Rights Commission (ICRC). If you do not file a complaint with the ICRC within that timeframe, you will jeopardize your right to file a lawsuit in state or federal court.

Keep in mind that before you file a complaint with the ICRC, you should first report the inappropriate behavior to your employer and discuss your situation with the lawyers at RSH Legal.

Generally, an employer can only be held liable for harassment if the employer knew or should have known about the harassment and failed to take steps to address it. Report any offensive or improper conduct as soon as it occurs. If you fail to report the harassment, your employer may claim that they didn’t know it was happening and therefore they cannot be held responsible.