Search for after workers comp how long am i protected at work

Articles (145)

Florida wrongful discharge law
Florida law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name. Florida is an at-will state, which means that an employer may fire, demote, hire, prom... applies to Florida

Ohio Public Policy exception to At-will Employment
In Greeley v. Miami Valley Maint. Contractors , 49 Ohio St. 3d 228 (Ohio 1990), the Ohio Supreme Court held that "[p]ublic policy warrants an exception to the employment-at-will doctrine when an emplo... applies to Ohio

Family and Care Giver Discrimination, Harassment and Discharge
Family responsibility discrimination is an emerging area of discrimination law. Although no specific law designates a family care giver as a protected class, a number of laws protect people with famil... applies to Florida

Whistleblower Protection for Safety Complaints in Ohio
Ohio Employees can make legally protected complaints about unsafe work conditions to their employers and to the Occupational Health and Safety Administration (OSHA). OSHA specifically prohibits employ... applies to Ohio

Sexual harassment by a co-worker
Sexual harassment involves: unwelcome sexual advances; requests for sexual favors, and other verbal or physical conduct that is based on sex. Sexually harassing conduct is unlawful if it: adversely af... applies to All States

Proving Unlawful Employment Discrimination
Employment discrimination comes in two forms, "disparate" (i.e., differing) treatment and disparate impact. Disparate impact describes differing treatment resulting from an otherwise neutral employmen... 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

Exempt or Nonexempt: Do You Receive Overtime Pay?
When it comes to the idea of overtime pay, most think that only the laborer, manufacturer or other "blue collar" worker is eligible to receive overtime, not the professional, executive, supervisor or ... applies to California

Evidence in Discrimination Cases
Discrimination cases turn on the employer's motive for taking an employment action, like failing to hire or firing an employee. The employee must prove that the employer's bias against people in the e... applies to All States

Tired Truckers: How the Tracy Morgan Crash is a Sign of a Bigger Problem
Driving while tired can be just as dangerous as driving while intoxicated, and in an industry that pushes the limits on production, tired truck drivers are often the result. The recent tractor trailer... applies to North Carolina

Overview of Unlawful Employment Discrimination
Unlawful employment discrimination means adverse treatment of employees motivated by the employees' age, sex, race, creed, religion, national origin, disability, veterans status or other protected cla... applies to All States

Qualified Privilege Protects Florida Employers from Employee Reference Defamation Suits
An employer is presumed immune from a defamation claim for disclosing untrue information about an employee’s job performance if the untrue information is: 1. Published to a prospective employer; 2. ... applies to Florida

Florida Whistleblower's Act Protects Employees of the Government and Companies that Contract with Florida Governments
The Florida legislature enacted the Florida whistleblower's Act, Fl. Stat. 112.3187 in 1986 to prevent state and local government agencies ("Agencies,") and the companies that contract with Agencies (... applies to Florida

Employee Benefits Overview
As a result of the employment relationship, employees are entitled to certain benefits, such as retirement and disability compensation, as a matter of law. In addition, once an employer decides to off... applies to All States

Defamation by an Employer
An employee may have a claim for defamation where an employer publishes a false statement of fact that harms the employee's reputation, unless the employer had a qualified privilege for making the sta... applies to All States

Arizona paid holidays are not mandatory
In Arizona, employers in the private sector are not required to give employees paid time off for national holidays. As a practical matter, most employers pay for the major holidays to keep competitive... applies to Arizona

Same Actor Inference
The "same actor inference" is a defense theory based on the logic that a discriminatory employer will not hire a person in a protected class. Therefore, the logic goes, where the same person hires the... applies to Ohio

The Role of Contracts in Employment Law
Contracts play a central role in employment law. The most basic employment arrangement, at-will employment, is purely contractual in nature. Floyd v. DuBois Soap Co. (1942), 139 Ohio St. 520, 530-531,... applies to All States

At-will employment in Ohio
Unless otherwise agreed, either party to an oral employment-at-will agreement may terminate the employment relationship for any reason which is not contrary to law. Mers v. Dispatch Printing Co., 19 O... applies to Ohio

Fighting Florida Non-competition agreements
Many Florida employees believe that, just because an employer forced them to sign a non compete agreement or be fired, they are not bound by the non-compete agreement. That is just not true. Continued... applies to Florida

Physician non-competition agreements in Michigan
Michigan non-competition agreement law states that an employer may protect an employer's reasonable competitive business interests, but its protection in terms of duration, geographical scope, and the... applies to Michigan

Ohio Minimum Wage with Treble Damages and Attorneys Fees
On November 7, 2006 Ohio voters passed the Ohio Constitutional Minimum Wage , which amended Ohio’s constitution to require employers to pay a minimum wage of $6.85 per hour. The amount of the minimu... applies to Ohio

Commissioned retail or service sales exemption to overtime payment
Employment by a retail or service establishment Employees of a retail or service establishment are exempt from overtime if: their regular rate of pay is at least one and one-half times the federal min... applies to All States

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

Overtime exemption for Computer Professionals
Computer professionals may be exempt from overtime and minimum wage as professional employees , so long as they are paid $455 a week or more on a salaried basis and meet the other requirements of the ... applies to All States

California Non-competition Law
At one time California courts enforced contractual restraints on competition as long as they were reasonably imposed. However, in 1872 California adopted a public policy favoring open competition and ... applies to California

Pennsylvania Non-competition agreements
“Non-competition” or “noncompete” agreements are one of a particular kind of contract, termed “restrictive covenants,” under Pennsylvania law. As in most states, noncompetition agreements ... applies to Pennsylvania

WARN Act Requires 60 Days Notice for Plant Closings and Mass Layoffs
The Worker Adjustment Retraining and Notification Act ("WARN") requires employers to provide 60 days advance written notice of a "plant closing" and "mass layoffs." This article defines a mass layoff ... applies to All States

Overview of American At-will Employment
American employment law is built on the foundation of at-will employment. Before any meaningful body of employment law existed, employment in America was at-will. Based in state contract law, at-will ... applies to All States

Minimum Wage and Overtime Exemptions
The Fair Labor Standards Act (the "FLSA") excludes individuals from coverage and exempts others from overtime and/or the minimume wage. The FLSA excludes individuals in the definition of "employee" in... applies to All States

Your Job Title Does Not Determine Whether You Are Exempt from Overtime Compensation
California courts and the Department of Labor have repeatedly held that an employee's title doesn't determine whether he or she should be exempt from receiving overtime compensation. In other words, j... applies to California

Ohio Prohibition against Military and Uniformed Services Employment Discrimination
Ohio USERRA In 2008 Ohio enacted its own veteran's protection laws, which created the Department of Veterans' services and an Ohio private employment claim, found at ORC 5903.02: Any person whose abse... applies to Ohio

Choice of Law in Non-compete Cases
Non-compete laws vary significantly from state to state. California law favors employees, while Ohio law recognizes and protects most employer interests. Thus, the law that a court chooses to apply to... applies to All States

Hours Worked Under the Fair Labor Standards Act for calculating Overtime
The amount of overtime owed to an employee is the Regular Rate multiplied by the number of Hours Worked during a Workweek . This Article covers Hours Worked. Hours worked includes all time during whic... applies to All States

The Work Week
The workweek is a fixed and regularly recurring period of seven consecutive 24-hour periods. The employer sets the workweek. It can begin on any day and at any hour of the day. An employer may use a w... applies to All States

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

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

Closing the Severance Pay Negotiation with Non-economic Terms
The amount of severance that an employer is willing to pay an employee, though usually the single most important item addressed in severance negotiations, is only one severance issue. Additional issue... applies to All States

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

Sexual Harassment under Illinois Law Defined
The Illinois Human Rights Act, 775 ILCS 5/2-102(D) prohibits: Any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment; provided, that an e... applies to Illinois

Outside Sales Employees Exemption from Overtime and Minimum Wage
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts outside sales employees from its minimum wage and overtime requirements. The employer has the burden of proving the outside sales exe... applies to All States

Vacation Pay Rights in Ohio at time of Termination
An Ohio employer is not required by law to give its employees any vacation, holiday or other paid time off. Accordingly, when an employer provides paid vacation, it can establish the rules under which... applies to Ohio

Non-competition Agreements in Ohio - History and Law
History of non-competition agreements in Ohio As in other states, Ohio courts at one time viewed noncompetition agreements with some skepticism. Agreements in restraint of trade, including noncompetit... applies to Ohio

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

Regular Rate of Pay for Calculating Overtime Pay
Overtime is calculated based on the employee’s actual, or “regular rate” of pay. The regular rate of pay includes not only the normal hourly rate, but all compensation for employment paid to, or... applies to All States

Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe... 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. A qualified individual with a disability is an individual with ... applies to All States

USERRA Overview
Federal USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) was signed into law on October 13, 1994. USERRA clarifies and strengthens the Veterans' Reemployment Right... applies to All States

Preliminary Injunctions in Non-competition Cases
A preliminary injunction is a court order, issued at the beginning of a case, which preserves the relative position of the parties while the case is pending. It usually remains in effect until replace... applies to All States

Implied Contract exception to Employment at-will
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . In Mers v. Dispatch Printing ... applies to Ohio

Executive Orders affecting Unions issued by the Obama Administration.
President Barack Obama signed a series of executive orders in his first month in office favorable to organized labor. They include: Notification of employee rights under federal labor laws ; Economy i... applies to All States

Sexual Harassment Protections in New York
Everyone deserves a workplace free from sexual harassment. What types of sexual harassment violate the law? What protections do you have under New York sexual harassment laws? And what should you do i... applies to New York

Overtime Wages When Carrying and Using a Pager or Cell Phone After-hours for Your Employer
Employees are often asked to carry a pager or cell phone after regular work hours to respond to customer calls or emergencies. Sometimes, the employee is not compensated for the time spent carrying th... applies to All States

Overview of COBRA Health Insurance Continuation Rights
COBRA is a federal law that requires group health plans to continue covering an employee after the employee's employment has ended. COBRA stands for the Consolidated Omnibus Budget Reconciliation Act,... 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

The Role of Seniority in Employment Law
The concept of seniority has a high level of importance in employment law. For example, if there is a conflict between a bona fide seniority system and an agreement to settle a discrimination claim, i... applies to All States

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

Florida Law for Employer Defamation
Suppose an employer accuses its employee of theft, and fires her for that reason. Suppose the employer then tells prospective employers who call for a reference that the employee was terminated for th... applies to Florida

Severance Pay can reduce Ohio Unemployment Compensation Benefits
Severance pay in Ohio can reduce or eliminate an employee's unemployment compensation benefits for the weeks that the severance pay is received. If an employer pays severance pay in a lump sum, the Oh... applies to Ohio

Enforcability of Texas Non-competition Agreements.
To be enforceable under Texas law, a non-compete must be: ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; to the extent it contains limitations as to time... applies to Texas

Same-sex Harassment Claims
Claims of sexual harassment where the harasser and harassed are the same sex are analyzed in much the same way as different-sex harassment cases. See, generally, Sexual harassment by a co-worker . How... applies to All States

Arbitration of Employment Disputes
The federal arbitration act (FAA), 9 U.S.C. § 1, et seq . and Ohio’s arbitration act ORC § 2711.01 et seq. , both direct a court to stay trial of a matter that is the subject of a written arbitrat... applies to Ohio

Negotiating Severance Agreements
Parties bargaining to reach a mutually acceptable outcome must, as with any negotiation: Have a shared desire to resolve the dispute; Identify the interests at stake; Invent options for mutual gain; S... applies to All States

Families First Coronavirus Response Act - An analysis of House Bill 6201
On March 19, 2020 the Senate passed the Families First Coronavirus Response Act to address some employment impacts of the coronavirus and COVID-19. It was a much smaller version of the Act that passed... applies to All States

Document Requests in Employment Litigation
Each case turns on its own facts. However, the parties rarely have in their possession all of the facts in a case. Instead, they must usually obtain documents and testimony from the opposing party and... applies to All States

Illinois Wage Payment and Collection Act
The Illinois Wage Payment and Collection Act governs when Illinois employers must pay employee wages and commissions, prohibits most deductions from employee pay, requires notice for changes in pay an... applies to Illinois

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

Who should have to pay back overpaid Unemployment Benefits in North Carolina?
The majority of contested NC unemployment benefits cases we handle involve the following situation: The Claimant (former employee) files for unemployment benefits. The Employer gives the Division of E... applies to North Carolina

Illinois Non-competition Agreement Law
Illinois courts are reluctant to enforce restrictive covenants and scrutinize them carefully. Nevertheless, Illinois courts will enforce a restrictive covenant if it is ancillary to another transactio... applies to Illinois

Indiana Non-competition Law
Indiana courts disfavor covenants not to compete, which they view as in restraint of trade. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co. 492 N.E.2d 686 (Ind. 1986). Indiana courts strictly constr... applies to Indiana

10 Mistakes Virginia Workers Compensation Claimants Need to Avoid
I have been practicing Workers Comp Law for 30 years as a Virginia Workers Compensation Lawyer and these are the mistakes I see claimants repeat again and again which often means a denial of their com... applies to Virginia

How to Get the Best Virginia Workers Compensation Settlement
When you are injured in a work place accident, you will probably be eligible for Virginia workers' compensation. At some point the insurance company will approach you and ask you if you are interested... applies to Virginia

What Happens to My Job If I Suffer a Workers Compensation Injury
Enter your article here As many of you may know, a workers compensation injury is one where you have suffered an injury working on the job for your employer. Many employers carry workers compensation ... applies to Florida

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

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

Cleveland Public Relations Firm Ordered to Pay a Million Dollars for Retaliation
A Cleveland jury ordered Dix & Eaton, a public relations firm, to pay over $1,000,000 for retaliating against a 59 year old executive who complained to Human Resources that her boss was setting he... applies to Ohio

3 Upcoming Job Discrimination Cases with Huge Implications for LGBT Rights
The Supreme Court will soon be deciding on a matter very personal to people who are part of, or allies of, the LGBT (or LGBTQIA+) community. The major issue they are expected to rule on in three upcom... applies to California

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

Should you complain about discrimination/harassment to your human resources department?
Many employees who are subjected to discrimination or harassment by their co-workers or supervisors believe that they are better off not speaking up and tolerating the potentially unlawful conduct to ... applies to California

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 a new manager was hired... applies to All States

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

Ohio Cuts Funding for Dept. of Commerce Minimum Wage Enforcement
This is troubling. According to a press release issued by Policy Matters , the current Ohio state budget has no funding for ongoing minimum wage enforcement. Specifically, Policy Matters states: Fundi... applies to Ohio

Burden of Proof in Age Discrimination cases after Gross v. FBL Financial Services
Last month's U.S. Supreme Court decision, Gross v. FBL Financial Services changed the burden of proof on age discrimination victims. Previously, courts required age discrimination victims to prove tha... applies to All States

Hard Rock Cafe Servers Claim Illegal Tip Pooling
Enter your article here Well the national chain of Hard Rock Cafe restaurants have recently been hit with a lawsuit under the FLSA complaining about its tip handling procedures. The allegations of the... applies to All States

Can my employer ask about my race?
Can an employer ask an employee or an applicant about their race? The short answer is technically no. In some states, it is legal for an employer to inquire about an employee or an applicant’s r... applies to California

6 Reasons California Workers Should Celebrate
For the past few years, there have been some disappointments for workers when it comes to their rights and their protection. Fortunately, where federal law fails, California has taken strides to ensur... applies to California

Can My Employer Terminate or Reprimand Me for Not Speaking English in the Workplace
Enter your article here One of the areas of frequent complaint with employers, especially in areas such as South Florida and California is whether an employer can force an employee to speak only engli... applies to All States

4 Things To Know About Leaves Of Absence And Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn’t go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would ... applies to California

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

What Are My Employment Rights if I am or Become Pregnant?
As society continues to advance, Americans are living longer, maintaining their car eers, and deciding to have children a little later in life. Most adults today want it all and employment laws, espec... applies to All States

Can HR share medical leave information with Supervisors?
An HR representative Asked mel this question today: The Administrator of the corporate office wants me to cc supervisors on all notices sent to their employee's who are on protected leaves of absence,... applies to Ohio

Settlement Term Sheets not binding, Settlement Agreements are
January 22, 2020 Under New York law a financial services professional in his late 50s, who fires his first law firm then proceeds to mediation with a new law firm during which he signs a settlement te... applies to New York

4 Rights Transgender Employees Have in California
While it is often challenging for any employee navigating work life to be a member of the LGBTQ community, transgender people tend to face the most severe problems, particularly in terms of discrimina... applies to California

Don't Be Afraid, It Can Be Better Than Court
If you are in California and are being forced into private, binding arbitration do not be afraid. I have found that it is easier to win a binding arbitration than a jury trial. The atmosphere is more ... applies to California

What Is 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

The EEOC Announces Multiple Six Figure Settlements of 100% Healed Cases.
100% Healed Policies: A Recipe for Disaster. The Equal Employment Opportunity Commission recently announced six figure settlements of multiple federal lawsuits alleging employer failures to accommodat... applies to All States

Five Facts About The NYC Freelance Isn't Free Act
In 2017, New York City passed the Freelance Isn't Free Act, which offers some of the strongest freelancer protections in the country. Under the act, freelancers can file suit if their clients refu... applies to New York

Five Facts About Pregnancy Discrimination
Pregnancy discrimination means treating someone unfavorably because of pregnancy, childbirth, or a pregnancy-related medical condition. It can also include retaliation for taking paid family leave . F... applies to All States

A History of Harassment in the Workplace
Few federal agencies are as beloved as the National Park Service (NPS). The NPS stands for many of the core values that we value as a nation. It is the place where we seek beauty and wonder and solace... applies to California

4 Reasons Why the Law Protects Whistleblowers
Before protective laws were enacted through Congress, workers couldn’t feel confident in reporting malfeasance throughout the workplace due to backlash and ostracization by superiors. Those empl... applies to All States

7 Famous Whistle blowers Who Sought Truth and Justice
While most whistleblower cases do not make headlines, some of them do because of the scope of wrongdoing found or the fame of the businesses or people involved. Whistleblower laws protecting people wh... applies to California

4 Ways Employment Law Addresses Sex Discrimination
In 2019, especially in California, society has gravitated to a more forward-thinking attitude towards the way sex and gender is understood. Ideas of what is considered “normal” or the very... applies to California

How People Have Fought Against Discrimination
Many employees face discrimination . The ADA, ADEA, Title VII Civil Rights Act and OSHA’ s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and k... applies to All States

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

5 Employees who are Targets of Discrimination and/or Wrongful Termination
5 Employees who are Targets of Discrimination and/or Wrongful Termination Employees in California are considered at-will employees . This means if you are employed in California, unlike other States, ... 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 a family while also maintaining their career. There are laws in place that provide security for women who are pregnant or have pregn... applies to California

4 Steps that employer have to do to protect employees from sexual harassment
1- An anti-harassment policy Having a written sexual harassment prevention policy in place is not only a good measure for stopping sexual harassment before it happens, but California employers are als... applies to All States

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

Who is Considered an Immediate “family member” for purposes of taking FMLA Leave?
As if working hard for that promotion or striving for better shifts wasn’t hard enough, what happens when the unexpected throws you off course? Becoming extremely ill, being injured in an accide... applies to All States

3 Examples of How “Me too” Matters in Employment Law
Since 2017, “me too” has become an increasingly familiar term (and hashtag), one used to spread awareness of sexual harassment and assault, problems that are alarmingly widespread. By some... applies to California

Can I Sue A Company For Wrongful Termination In California?
“We need to talk” is not just a terrifying phrase to hear from your significant other, it is also something you never want to hear from your boss. No good can come from the phrase and if i... applies to All States

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

Five Facts About Hostile Work Environments
A hostile work environment harms employees. When offensive comments, toxic images, or other forms of harassment disrupt the workplace, it violates employees' rights. Multiple laws protect employee... applies to All States

EEOC Expands Definition of Disability
The Equal Employment Opportunity Commission has issued final rules, effective May 24, 2011, interpreting the Americans with Disabilities Act Amendments Act of 2008. The new rules broaden coverage unde... applies to New York

Dont Let Your Employer Misclassify You As An Independent Contractor
Enter your article here The Federal Government and President Obama have announced that they with the IRS will be cracking down on enforcement of employers that misclassify their employees as 1099 inde... applies to All States

3 Reasons to Get Things in Writing in Employment Law
Many people are excited at the prospect of a 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

Do I need to provide a doctor’s note to verify the need for a medical leave of absence?
Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee’s life that they have little or n... applies to All States

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

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

8 Main Disability Discrimination Questions
What are the 8 Main Disability Discrimination Questions? California is 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

What if My Former Employer Says Bad Things About Me?
Enter your article here On many occasions employees ask whether or not they have a legal claim against their former employer or employers for giving bad references or saying bad things about them. The... applies to All States

5 Disabilities that May Be Protected By Employment Law
5 Disabilities that May Be Protected By Employment Law Disability discrimination is where an employer refuses to acknowledge your impairment as a disability and treats you adversely based on your disa... applies to California

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 is regulated under employment laws. Employees may not kno... applies to All States

3 Ways You Didn’t Know You’re Being Discriminated Against at Work
Setting fire to your manager’s desk in some countries may earn you a verbal warning. Well, that may be an exaggeration, but basically, unlike California, there are places in the world where ... applies to All States

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

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

3 Illegal Ways Employers Punish You for Taking Time Off
Employees have certain rights to leaves of absence from work. When they are entitled to time off, the employer cannot punish them for taking it. When employers do punish employees for legally protecte... applies to California

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

3 Ways Sexual Harassment Claims May Lead to Other Claims
A Work Attorney has many types of cases that end up on their desk, but the most common is sexual harassment. Sexual harassment within the workplace is against the law, yet remains a common issue. Vict... applies to All States

5 Ways an Employer May Be Liable For Disability Discrimination
Employment laws in America encourage employees with disabilities and their employers to work in harmony in the workplace. Whether an individual with a disability is applying for a job or a current emp... applies to All States

Why I Won't Take Your Case
"Because you're an idiot," is probably a completely unacceptable reason for refusing to accept representation of a prospective client (even if it is the real reason.) For more than a decade of solo pr... applies to Pennsylvania

Applicants and Temporary Employees are afforded the Same Rights as Regular Employees Under FEHA
A decrease in unemployment rates leaves job-applicants vulnerable to sexual harassment . In June 2017, California’s Employment Development Department reported that the unemployment rate dropped ... applies to All States

3 Things To Know About Taking a Leave From Work
3 Things To Know About Taking a Leave From Work It is early in the morning, the sun has yet to rise, and the alarm on your phone goes off. Work is hours away but this is the alarm you set is for yours... applies to All States

What is the ADA?
Enter your article here While the American With Disabilities Act (ADA) has several components, the portion I am going to talk about right now is Title I which pertains to discrimination in employment ... applies to All States

3 Ways Employment Law Measures Disability Discrimination
Rather than asking the question of ‘if’ an individual is disabled, the laws that regulate disability discrimination attempts to measure ‘how much’ a person is impaired by their... applies to California

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

2 Challenges Veterans Might Face at Work
Veterans often have difficulties getting hired, in part due to widespread stereotypes and biases against them. Even when veterans get past that first stage and are hired (congrats!), they unfortunatel... applies to California

Tips for Sex Discrimination in the Workplace
In 1982, Ann Hopkins applied for partnership at Price Waterhouse in New York, where she was a senior manager. The company held off on making the decision for a year and then refused to revisit her pro... applies to California

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

4 Situations Where an Employer May Retaliate
4 Situations Where an Employer May Retaliate Retaliation is a type of practice that is deemed unlawful under employment laws. An employee may experience retaliation when he or she makes a complaint ab... applies to All States

5 Ways to Avoid Conflict When You Take a Leave of Absence
Injuries, illnesses, family emergencies, and accidents happen but what if it happens to an employee? Employees in California do have rights when it comes to a leave of absence for particular reasons. ... applies to California

Employment Law Topics

Employment Law FAQs

Search for after workers comp how long am i protected at work