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Articles (53)

Massachusetts Wage Payment Act requires Payment of Earned Wages at the time of Discharge
The Massachusetts Payment of Wages Act defines “wages” to include “any holiday or vacation payments due an employee under an oral or written agreement.” The Wage Act requires employers to pay ... applies to Massachusetts

Severance Package
Aspan> severance package describes the pay and benefits an employee receives when involuntarily separated from aspan> company. Severance packages are voluntary in the United States, so employers do not have aspan> l... applies to All States

Retaliatory Counterclaims in Sexual Harassment Suits
If aspan> party accused of sexual harassment in aspan> suit (the Defendant) files aspan> counterclaim against the harassment victim (the Plaintiff) after the Plaintiff filed suit, because she filed suit, courts will... applies to Ohio

Fighting Florida Non-competition agreements
Many Florida employees believe thatspan>, just because an employerspan> forced them to sign aspan> non compete agreement or be fired, they are not bound by the non-compete agreement. Thatspan> isspan> just not true. Continued... applies to Florida

EEOC Time Limitspan> for Filing aspan> Charge of Discrimination
Before aspan> sexual harassment or other discrimination victim canspan> file suit in federal court, they must first file aspan> charge of discrimination with the Equal Employment Opportunity Commission (EEOC). Feder... applies to All States

Florida wrongful discharge law
Florida law does not recognize aspan> “wrongful termination” or "wrongful discharge" claim, at least by thatspan> name. Florida isspan> an at-will state, which means thatspan> an employerspan> may fire, demote, hire, prom... applies to Florida

Implied Contract exception to Employment at-Will
In general, under the employment-at-will doctrine, the employment relationship between employerspan> and employee isspan> terminable at the will of either. See At-will Employment . Even so, some state supreme c... applies to All States

Summary of ADA Amendments Act of 2008 (ADAAA)
On September 25, 2008, President Bush signed the ADA Amendment Act (ADAAA) into law. It's effective date isspan> January 1, 2009. The U.S. Senate and the U.S. House of Representatives both unanimously pass... applies to All States

Massachusetts Employers must pay Accrued but Unused Vacation at the time of Discharge
The Massachusetts Payment of Wages Act defines “wages” to include “any holiday or vacation payments due an employee under an oral or written agreement.” The Wage Act requires employers to pay ... applies to Massachusetts

Florida Law for Employerspan> Defamation
Suppose an employerspan> accuses its employee of theft, and fires her for thatspan> reason. Suppose the employerspan> then tells prospective employers who call for aspan> reference thatspan> the employee was terminated for th... applies to Florida

American Public Policy Exception to Employment at-will
In states thatspan> adopt the public policy exception to employment at will, public policy warrants an exception to the employment-at-will doctrine when an employerspan> discharges or disciplines an employee fo... applies to All States

Promissory estoppel exception to at-will employment
In general, under the employment-at-will doctrine, the employment relationship between employerspan> and employee isspan> terminable at the will of either. See At-will Employment . In Mers v. Dispatch Printing ... applies to Ohio

Wrongful Discharge - Terminations thatspan> Violate Public Policy
Technically speaking, courts do not recognize aspan> claim for "wrongful discharge," at least by thatspan> name. Broadly speaking, any discharge thatspan> violates aspan> law, causes great harm or isspan> grossly unfair isspan> "w... applies to All States

Trade Secrets Overview
Aspan> trade secret isspan> information thatspan> isspan> not known to the public, thatspan> its owner takes steps to keep from public knowledge and thatspan> has value because it isspan> not known to the public. The owners of trade se... applies to All States

Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. 42 USC 12101 et seq. Aspan> qualified individual with aspan> disability isspan> an individual with ... applies to All States

Interrogatories in Employment Litigation
Each case turns on its own facts. However, employment litigants rarely have all of the facts thatspan> they need to prove their claims in their possession. Instead, they must usually obtain documents and t... applies to All States

Motions to Compel and Protective Orders in Employment Litigation
The Rules of Civil Procedure ("Civil Rules") provide the parties with tools to get the facts thatspan> are in the possession of the others. If the others refuse to disclose the facts, provide documents or ... applies to All States

Overview of U.S. Non-competition Agreements
Aspan> non-competition agreement, also know as aspan> covenant not to compete, isspan> aspan> promise by an employee not to compete with his or her employerspan> for aspan> specified time, in aspan> particular place or in aspan> particular ... applies to All States

Guide to Employerspan> FMLA Notices with DOL Approved FMLA Forms
Aspan>. Employerspan> Notices The 2008 FMLA regulations require four separate types of Employerspan> notices: “General notice,” which means the poster listing employees’ FMLA rights, plus aspan> new aspan> requirement t... applies to All States

Lilly Ledbetter Fair Pay Act
The Lilly Ledbetter Fair Pay Act amends the enforcement provisions of Title VII and the Age Discrimination in Employment Act to permit suits by Plaintiffs who file aspan> charge of discrimination challengi... applies to All States

Injunctions Barring Enforcement of Invalid Non-competes
Employers who enforce non-competition agreements have long sought temporary restraining orders (TROs) and preliminary injunctions to bar employees from violating valid non-competition agreements. Cour... applies to All States

Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445... applies to Michigan

Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint isspan>: reasonable in thatspan> it isspan> no greater than nece... applies to Virginia

Defamation in the Illinois Workplace
Current and formerspan> employees are sometimes targets of false statements made in the workplace. Defamation isspan> aspan> tort action which allows the employee who was wronged (plaintiff) to recover for harm to h... applies to Illinois

Family and Medical Leave Act 2008 Rule Changes.
The Department of Labor issued final changes to its Family and Medical Leave Act (FMLA) rules, which took effect on January 16, 2009. These changes include the new leave related to military service me... applies to All States

8 Main Disability Discrimination Questions
What are the 8 Main Disability Discrimination Questions? California isspan> an at-will employment state. As an at-will employee in California, an individual may be terminated for any reason or no reason at... applies to All States

Five Facts About Wrongful Termination
What constitutes wrongful termination? How canspan> you prove your wrongful termination case? And canspan> you suespan> for wrongful termination in an at-will state? Here are five facts you need to know about wrongf... applies to All States

4 Things an Employee Should Know About Filing aspan> Disability Discrimination Claim
“You’re too slow for this job”, “people like you are lazy”, “you’re aspan> freak”. Americans with disabilities endure all kinds of hateful treatment, but wha... applies to California

Five Facts About Retaliation
Employers cannot retaliate against employees who act as whistleblowers, file aspan> complaint about an employment violation, or engage in other legally protected activities. But what isspan> retaliation? And wh... applies to New York

Employment Law FAQs
Employment laws protect your rights in the workplace. If you face discrimination, sexual harassment, or wrongful termination at work, you canspan> file aspan> lawsuit. However, many employees have questions abo... applies to All States

6 Nuances of Disability Discrimination Law in California
Under California state law, workers with aspan> disability are protected against several forms of discrimination in employment practices. Employers subject to this legislation cannot base employment decisi... applies to California

4 Misconceptions Employees Have About Harassment
Harassment remains an issue in the workplace yet many employees remain unaware of the ways it isspan> regulated under employment laws. Employees may not know thatspan> therespan> are different types of harassment an... applies to All States

4 Misconceptions Employees Have About Harassment
4 Misconceptions Employees Have About Harassment Harassment remains an issue in the workplace yet many employees remain unaware of the ways it isspan> regulated under employment laws. Employees may not kno... applies to All States

5 Things You Didn’t Know About Being Forced to Quit
If your boss fires you for an illegal reason you canspan> assume you should call an Employment Attorney to discuss aspan> potential suit against the organization for wrongful termination at the very least, but ... applies to California

What isspan> aspan> Qui Tam?
Enter your article here SAN FRANCISCO — Swiss pharmaceutical company Novartis AG isspan> paying $72.5 million to settle aspan> whistleblower lawsuit accusing it of improperly billing government programs for u... applies to All States

5 Things You Didn’t Know About Being Forced to Quit
If your boss fires you for an illegal reason you canspan> assume you should call aspan> wrongful termination attorney to discuss aspan> potential suit against the organization for wrongful termination at the very le... applies to All States

Five Facts about New York's New Employment Protections
In June 2019, the New York Legislature passed major changes to the state's employment laws. The new and expanded provisions offer greater protections to victims of sexual harassment and workplace ... applies to New York

What isspan> sexual orientation harassment or discrimination?
An Employment Lawyer isspan> an attorney who may represent an employee against their employerspan> in aspan> situation where he or she was treated poorly at work based on their sexual orientation. But what isspan> sexual... applies to All States

3 Ways You May be aspan> Victim of the Retaliation and Constrictive Discharge Hybrid
In aspan> perfect world, employees could go to work knowing they would not be mistreated by their employerspan> or superiors. However, we don’t live in aspan> perfect world and employees are subjected to unspe... applies to All States

3 Basic Points About Employee Rights You Need To Know
3 Basic Points About Employee Rights You Need To Know Have you ever wondered what would happen if you lost your job because you were in an accident and needed time off? What if aspan> new manager was hired... applies to All States

Canspan> I Suespan> Aspan> Company For Wrongful Termination In California?
“We need to talk” isspan> not just aspan> terrifying phrase to hear from your significant other, it isspan> also something you never want to hear from your boss. No good canspan> come from the phrase and if i... applies to All States

3 Types of Issues Employment Lawyers May Handle
From suing aspan> dry cleaning service for losing aspan> pair of pants to filing for the return of aspan> kidney, people today will suespan> for the craziest things. In order to suespan> for all of these wacky claims, therespan> n... applies to All States

What isspan> sex or gender discrimination?
In general, therespan> are certain types of people or people with certain characteristics who are protected by the law when it comes to discrimination in the workplace. Therespan> are state and federal laws in ... applies to All States

4 Things You Should Know About Pregnancy and Employment Laws
Women should not be discouraged from pursuing their dream of having aspan> family while also maintaining their career. Therespan> are laws in place thatspan> provide security for women who are pregnant or have pregn... applies to California

2 Ways Employers Sometimes Illegally Discriminate Against Veterans
While individuals who serve in the military often make great sacrifices for their country, many people do not seem to understand or appreciate their service. Oftentimes, veterans struggle to readjust ... applies to California

3 Examples of Invasions of Privacy in the Workplace
Unlike other states, California has aspan> special protection of privacy written into its constitution, which says citizens have certain inalienable rights, including “pursuing and obtaining safety, ... applies to California

What Isspan> The Pregnancy Discrimination Act
The Pregnancy Discrimination Act of 1978 ( Pub.L. 95–555 ) amended the Civil Rights Act of 1964 to prohibit sex discrimination on the basis of pregnancy. This Act outlaws discrimination “o... applies to California

3 Reasons to Get Things in Writing in Employment Law
Many people are excited at the prospect of aspan> new job, and most do not predict it will lead to anything but income and perhaps some satisfaction at work well done. People do not usually expect for thei... applies to California

5 Ways Employers Canspan> Discriminate Against Workers
5 Ways Employers Canspan> Discriminate Against Workers Employers canspan>, unfortunately, find different ways to discriminate against their employees. Particular classes of people and different characteristics ... applies to All States

4 Ways You May Become aspan> Victim of Wrongful Termination
4 Ways You May Become aspan> Victim of Wrongful Termination Wrongful termination isspan> where an employerspan> fires an employee for an illegal reason. Some illegal reasons may be if an employerspan> fires an employee b... applies to All States

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