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List of Employment Law FAQs
Non-competition Severance pay Retaliation Sexual harassment Family leave Discrimination Wrongfully accused Overtime Tax Issues in Settlements Healthy Families Act Smoke free workplace Ohio non-compete... applies to All States

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

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

Uploading Documents
Document Manager The Document Manager, located under the Documents tab, allows Attorneys to upload documents and browse documents by topics. The Document Manager is built into the Q&A Answer funct... applies to All States

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

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

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

Filing sexual harassment claims in Illinois
Victims of sexual harassment in Illinois can vindicate their right to be free from sexual harassment under Illinois law by filing a charge or claim with the Illinois Department Human Rights, with the ... applies to Illinois

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

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

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

Posting Blog Articles
Each attorney member can post blog articles. However, only attorneys can post Blog articles. Blog articles are useful for announcing legislative alerts , Member victory announcements and discussing cu... applies to All States

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

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

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

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

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

Overview of the Constructive Discharge Doctrine
A constructive discharge describes an employee's decision to resign because the employer made the terms and conditions of employment so miserable that reasonable people would resign. Under those circu... 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

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

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

Help for Non-competition Problems
Non-competition agreements can block promising career paths. Even so, every state enforces them, but within limits. For help solving your non-compete problems, learn the limits. Neil Klingshirn has wr... applies to All States

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

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

Arizona Non-competition Agreement Law
Historically, Arizona courts viewed covenants not to compete unlawful restraints of trade. Eventually, Arizona courts began to enforce ancillary restraints on competition, such as those incident to em... applies to Arizona

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

Digital Harassment - Why Sexual Harassers use texts and emails to Sexually Harass
The New York Post interviewed a friend of mine, Tim Dimoff , for an article on digital sexual harassment, Textual overtones, Digital dogging is new tool for office sexual harrassers . The article repo... applies to All States

California Defamation Law: Libel and Slander that Injures Professional Reputation at Workplace
One of the powerful but also somewhat underused claims that employees who are falsely accused of any kind of misconduct at workplace have is a claim for defamation (libel and slander). Proving a defam... applies to California

5 Tricky Sexual Harassment Situations
1. Where did all the love go? While it is not exactly against the law to date a co-worker, superior, or an underling, it does tend to complicate things legally, especially when things turn sour. There... applies to All States

5 Forms of Sexual Harassment You Didn’t Know About
1. Desire does not have to be what fuels the fire Did you know that not all forms of sexual harassment are motivated by a person’s sexual attraction to another? Under particular legislation in C... applies to All States

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

10 Signs You might be a Victim of Sexual Harassment at Work
1. You feel uncomfortable Sexual harassment , to a degree, is measured subjectively and takes the expression “bad vibes” to a whole new level. Although the workplace is to remain professio... applies to All States

5 Awkward Sexual Harassment Situations at Work
Getting your dream job, let alone a job in general already comes equipped with jumping through hoops and competing with other eager job seekers. Just getting invited to come in for an interview is a m... applies to All States

FRONTINO V. MACY’S: AZADIAN LAW GROUP WINS $669,308 FOR EMPLOYEE AGAINST MACY’S FOR RETALIATION AND WRONGFUL TERMINATION
Mr. Azadian started off 2016 with a $669,308 win against retail-giant Macy’s in a retaliation and wrongful termination lawsuit where his client was terminated after making complaints that he was... applies to California

5 Basic Questions About Sexual Harassment
Now, look at the 5 basic questions about sexual harassment you thought you know the answers to , every employer should have a zero-tolerance sexual harassment policy, yet sexual harassment remains a r... 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 a new manager was hired... applies to All States

3 Ways You are Being Sexually Harassed and Didn’t Know
Every day a Sexual Harassment Lawyer is called regarding questions about sexual harassment that took place at an employee’s work. Although it is an unfortunate matter, the fact remains that sexu... 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

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

I’ve been fired! : 3 Ways Termination Can Become ‘Wrongful Termination’
1. Sexual Harassment and Revenge It’s hard enough as it is to tell your tinder date after the first meet-up that you’re just not that into them. Perhaps you do it over text or ghost them a... applies to California

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

Should I Be Getting Paid Overtime as a Salaried Employee?
Enter your article here On many occasions, employees come to me who are working dozens of hours for their employers, but are not getting paid overtime. I ask them why and the response is , I'm salarie... applies to All States

5 Awkward Sexual Harassment Situations at Work
5 Awkward Sexual Harassment Situations at Work Getting your dream job, let alone a job in general already comes equipped with jumping through hoops and competing with other eager job seekers. Just get... applies to All States

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

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 To Deal With Sexual Harassment Outside Of The Workplace
How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) th... applies to All States

It Is Prudent To Report And To Redress Alleged Race Discrimination And Retaliation
Normal 0 MicrosoftInternetExplorer4 /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-p... applies to New York

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

Hiring Managers Need to Consider All Backgrounds
In the April/May 2011 issue of the CNY Business Exchange, in a column entitled “A Diamond in the Rough,” Roger Evans writes words that every hiring manager should read: When you look across your d... applies to New York

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 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

3 Ways Sexual Harassment and Leaves of Absence Can Be Connected
An incident of sexual harassment on one hand and taking a leave of absence on the other are two types of situations that would not appear to coexist in the same set of facts, but unfortunately, the tw... 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

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

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

Faragher-Ellerth Defense No Longer Available to Employers Under New York City Human Rights Law
In May 2010, the New York Court of Appeals in Zakrzewska v. The New Sch ool held that an employer’s defense to a claim of harassment when the employer is able to demonstrate that it took reasonable ... applies to New York

Five Facts About Workplace Sexual Harassment
Workplace sexual harassment affects millions of people each year. According to a national study , nearly 40% of women and over 10% of men report experiencing sexual harassment at work. These five fact... applies to New York

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

New York Sexual Harassment Protections
What is workplace sexual harassment? Sexual harassment in the workplace covers unwelcome physical contact, demanding sexual favors for employment benefits, and hostile work environments. Hiring manage... applies to New York

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 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

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

3 Types Of Sexual Harassment At The Workplace
What are the 3 Types of Sexual Harassment at the workplace? California’s Constitution protects employees from being harassed within the workplace. Employees and employers should be familiar with... applies to All States

What is considered a wrongful termination in Ohio?
We are often asked by individuals and other attorneys, what is considered a " wrongful termination " in Ohio. The term "wrongful termination" really includes a wide variety of unla... applies to Ohio

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

How good training can prevent sexual harassment in the workplace
How good training can prevent sexual harassment in the workplace In the United States of America, each state has its own laws on employment law. In California, laws that regulate employment are quite ... 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

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

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

What to do if you are sexually harassed in the workplace
What happens when sensual pestering becomes a mechanism for instilling fear in a victim? An employee’s fear for their personal safety and/or job security can be stirred when sexual desires of a ... applies to All States

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

How to prevent sexual harassment in the workplace
Do you know how to prevent sexual harassment in the workplace ? Although sexual harassment within the workplace is against the law in California, it remains a hot-button issue in the media as well as ... applies to All States

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

Hostile Work Environment
Hostile Work Environment Normal 0 false false false EN-US X-NONE X-NONE MicrosoftInternetExplorer4 Priority="64" SemiHidden="false" UnhideWhenUsed="false" Name="Medium Shading 2 Accent 2" /> ame="Subt... 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

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

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

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

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

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

4 Factors Considered in the Creation of a Hostile Work Environment
What does it take to transform a simply annoying work environment into a sexually harassing hostile work environment? In order to answer this question, it is important to look at all of the circumstan... applies to California

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

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

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

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

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

Genetic Discrimination Under GINA
Enter your article here A woman who tested positive for the breast cancer gene brought suit against her employer MXnergy for violation of the Genetic Information Nondiscrimination Act of 2008 (GINA) w... applies to All States

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

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

Is an Intern Supposed to Get Paid?
Enter your article here Many times a student intern is working for an employer without getting paid for the hours worked. In addition, when the intern is not paid as an employee, they are also not ent... applies to All States

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

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Employment Law FAQs

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