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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

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

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

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

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

Right to Vote without Employer Interference or Threat of Discharge
Ohio's Right to Vote law states: No employer, his officer or agent, shall discharge or threaten to discharge an elector for taking a reasonable amount of time to vote on election day; or require or or... applies to Ohio

Ohio Physicians and Doctor non-competition agreements
Non-competition agreements are generally disfavored in the medical profession, but they are not per se unenforceable. Ohio Urology, Inc. v. Poll (1991), 72 Ohio App.3d 446, 451; General Med., P.C. v. ... applies to Ohio

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

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

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 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

Rights of an Ohio Employee who is a Minority Shareholder
A special exception to employment at-will doctrine applies to employees who are minority shareholders of close corporations. In their case, majority shareholders cannot terminate their employment with... applies to Ohio

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

COBRA premium subsidy under the Economic Stimulus Package
The American Recovery and Reinvestment Act of 2009 (ARRA), better known as the economic stimulus package, provides "assistance eligible individuals" a 65% subsidy towards their COBRA continuation cove... applies to All States

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

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

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

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

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

Promissory estoppel exception to at-will employment
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

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

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

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

Illinois State Overtime Law
This page is article is devoted to Illinois law. It presumes you have a basic knowledge of the Federal Law. But for more information on the Federal Overtime Law please visit our FLSA page at http://ww... applies to Illinois

Can they enforce my Non-compete if they Fired Me?
Non-competition agreements hit fired employees particularly hard, especially when the employer fires the employee without warning or cause. Non-competes hits fired employees with a second whammy, a ba... applies to All States

Ohio Duty of Fair Representation in the public sector
A union owes all of its members a duty of fair representation. The union cannot discriminate against an individual or group of members regarding matters for which the union represents them. This inclu... applies to Ohio

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

Movie Theaters are exempt from federal overtime laws
The federal Fair Labor Standards Act (FLSA) exempts employees of motion picture theaters from the FLSA's overtime requirements. 29 USC 213(b)(27) . Ohio's overtime laws incorporate the FLSA's exemptio... applies to All States

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

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

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

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

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

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

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

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

American Public Policy Exception to Employment at-will
In states that adopt the public policy exception to employment at will, public policy warrants an exception to the employment-at-will doctrine when an employer discharges or disciplines an employee fo... 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

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

Enforcing Non-competition Agreements after the Sale of a Business
If an employer with non-competition agreements sells its business to a new buyer, the buyer does not necessarily acquire the old employer's/seller's rights in its non-competition agreements. The buyer... applies to All States

Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m... applies to All States

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

Time off to Vote
Most state's laws require employers to give employees time off to vote. These laws vary among states, particularly with respect to the following: Whether the time off is paid or not; Whether the emplo... 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

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

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

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 a charge of discrimination challengi... 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

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

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

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

Exemptions for Executive, Professional, Administrative Employees
Section 213(a)(1) of the Fair Labor Standards Act ("FLSA") exempts executives, administrators and professionals from its minimum wage and overtime requirements. Test for Executive, Professional and Ad... 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

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

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

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

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

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

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 is: reasonable in that it is no greater than nece... applies to Virginia

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

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

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

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

How to Value Claims for Severance Negotiations
This article describes a process for employment lawyers to use to place a value on a severance pay offer. It involves identifying claims, identifying the damages associated with those claims, discount... 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

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

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

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

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 that are in the possession of the others. If the others refuse to disclose the facts, provide documents or ... applies to All States

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

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

How to Find and Select Good Employment Lawyers
Good employment lawyers are like good mechanics. They tell you what you need, suggest the best way to get it, are skilled at their craft and present you with a reasonable bill. Good employment lawyers... applies to All States

New York Non-competition Law
New York state courts enforce post-employment non-competition agreements under certain circumstances, but their examination of restrictive covenants is rigorous. New York courts adhere to a strict app... applies to New York

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

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

Frequently Asked Question about Non-competition Agreements
Mel's Frequently Asked Questions about non-competition agreements provides an overview of non-competition agreements. It reflects law common to most states, with the notable exception of California. F... applies to All States

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

Josh Morrow Workplace Fairness Fund for Employment Litigation Court Costs.
The Josh Morrow Workplace Fairness Fund provides loans to attorneys representing employees in litigation against their employers. Loans must be repaid from any recovery but are generally forgiven if t... 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

Welcome to the All New My Employment Lawyer
The new and improved My Employment Lawyer just went live a few minutes ago. I am crossing my fingers and hoping everything works. It better. Les Hughes , the genius who developed this site, has gone g... applies to All States

Hudson Job Search presentation on Negotiating Employment Agreements
Last night I had the pleasure of speaking to Hudson Job Search . Hudson Job Search is a non-denominational community Christian organization started in 1982. Its vision is to provide confidential outpl... applies to Ohio

How to Hire a Competitor's Employees
Suppose an employee from a competitor applied for an open position with your firm. She did not take any trade secrets from the competitor and will not solicit her the competitor's customers. However, ... applies to All States

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

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

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

Tipped Employees Under the Fair Labor Standards Act
Enter your article here In many instances these days, employees are coming to my office with questions about tips, what hourly rate an employee who gets tips must be paid and whether an employer may r... 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

Is My Employer Required to Give Me Meal or Break Time?
Enter your article here The general answer, under Federal law, is no. However some states have their own rest or lunch break statutes for employees, which as of the posting of this blog, include: Cali... applies to All States

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

Family Medical Leave Act
Federal and state laws protect employees from unfair and unlawful treatment at the hands of their employers. One of those laws is the “Family Medical Leave Act” or FMLA. FMLA became federal law in... applies to Pennsylvania

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

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

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

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

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

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

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

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

MR. AZADIAN ACHIEVES GROUNDBREAKING $9,957,411.17 WIN IN WRONGFUL TERMINATION CASE
Mr. Azadian first chaired and secured a Final Arbitration Award of $9,957,411.17 in the matter entitled, Dr. Eleftherios (Stephen) Vamvakas, M.D., Ph.D., MPH, MPhil v. Consultants For Pathology And La... applies to California

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

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

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

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

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 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

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

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

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

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

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

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 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 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

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

When Your FMLA Leave Expires in California
One of the more common mistakes that employers make with regard to employees' medical leave and disability rights under ADA and FEHA is assuming that just because an employee's FMLA or CFRA leave has ... applies to California

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

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 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

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

5 Important Questions Asked about Disability Discrimination and Wrongful Termination
Some employees enjoy being challenged in their work while others find pleasure in doing work that doesn’t feel like work at all. But what about employees who feel like they are being set up for ... 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 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

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

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

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

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 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 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

GEORGE AZADIAN & ANI AZADIAN RECOGNIZED AS 2016 “RISING STARS” BY SUPER LAWYERS
George Azadian and Ani Azadian were recognized as 2016 “Rising Stars” by Super Lawyers Magazine. Super Lawyers selects attorneys who have attained a high degree of peer recognition and per... applies to California

City of Tulsa settles pregnancy discriminition case
The City of Tulsa has settled a pregnancy discrimination case filed by a former employee in the public works department. In 2011, the City of Tulsa hired Qamar Herd three weeks before her scheduled de... applies to Oklahoma

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 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 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

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

7 Things You Didn’t Know About Medical Leave Of Absence From Work
Currently, a majority of employees in California struggle with work-life balance. An individual may be striving for that promotion at work, finding time to go to their kid’s soccer game, praying... applies to All States

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

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

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

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

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

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

9 Things Job Hunters With a Disability Should Know
1. Where do my rights come from? When it comes to disability discrimination , there are a few different sources of rights an employee may use to defend himself or herself from mistreatment. Depending ... applies to California

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

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