If you sustain a work-related injury, you will have a limited amount of time in which to report your injury and seek workers’ compensation benefits from your employer. It’s the responsibility of both the employee and employer to act quickly, or you could have your workers’ comp claim denied. A majority of employers are required […]
Category: Employment Law
Sexually Harassed At Work? Nail Down The Proof Before You Exit.
Sexual harassment, according to the EEOC (Equal Opportunity Employment Commission), is uninvited or unwanted advances or conduct that unreasonably interferes with job performance or makes the workplace intimidating, hostile or offensive. It might involve anything from dirty jokes to lewd comments about appearance to actual physical contact. The out-of-bounds conduct varies, but the law always […]
8 Federal Laws Designed to Protect Employees
The United States has a variety of comprehensive employment laws designed to support and safeguard employees. It is important for workers to be aware of this legislation to exercise their rights and understand their responsibilities. There are eight types of federal employment laws regarding worker protection. (1) The Minimum Wage The US first passed a […]
Were You Discriminated Against?
Under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, employers cannot fire employees on the basis of their race, color, religion, sex, national origin, age or disability. Any employer who uses one of those factors as a basis for firing an employee […]
Legal Aspects Of Losing A Job
In general, employers can fire employees for almost any reason or for no reason at all. This is called at-will employment. You can leave your job at will, and your employer can fire you at will. The employer’s right to fire you, however, is limited. For example, your employer cannot fire you for a discriminatory […]
An Employee’s Rights Relating To Final Paycheck
Whether you are fired or you quit, when you leave a job you are entitled to any wages earned before leaving the job. Exactly when you get that paycheck depends largely on state law. The Fair Labor Standards Act states only that you should receive a paycheck in a timely manner. Most states have enacted […]
The Basics Of Severance Pay
In most states, severance pay is not required unless you have a contract that provides for severance pay. It is within the employer’s discretion whether to provide laid-off employees with severance pay, as long as the employer does not discriminate (e.g., provide only white employees with severance). If an employer does provide severance pay, employees […]
Can California Employees Be Fired for Insubordination?
While you can be fired in California for insubordination, exactly what transpired during the alleged incident is the crux of the matter under the law. Your employer cannot simply declare you “insubordinate” and that’s that. Often, insubordination results from a series of situations or acts, with official warnings or reprimands given to the employee. It […]
Religious Accommodations At Workplace
With another season of religious holidays here or fast approaching, can you guess the answer to a few “easy” questions about religion at work? Don’t worry. If you guess wrong, the worst that can happen is a holy war at work, a big and distracting lawsuit, and at the end of the road, having to […]
The Basics of Filing an EEOC Claim
The Civil Rights Act of 1964 requires that the Equal Employment Opportunity Commission (EEOC) enforce anti-discrimination laws. The EEOC, after the original investigation of the claim, may negotiate an agreement after charges are filed and very occasionally goes to court for the Plaintiff to fight a discrimination case. Here are some things you ought to […]