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Articles (57)

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

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

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

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

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 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

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

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

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

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 . Even so, some state supreme c... applies to All States

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

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

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

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

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

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

Florida's Statutory History for Non-Compete Agreements
Florida law governing non-compete agreements has gone through three major variations since 1953. The enforceability of a covenant not to compete under Florida law is governed by the law in effect at t... 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hooters Waitress Brings Weight Discrimination Case
Enter your article here There has an increase in weight discrimination charges under the Americans with Disabilities Act (ADA) and I think potentially there could be claims for weight discrimination u... applies to All States

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

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

Florida's Statutory History for Non-Compete Agreements
Non-Compete agreements have gone through three major variations since. Prior to 1953 1953 - 1996 1996 - Present The enforceability of a covenant not to compete under Florida law is governed by the law... applies to Florida

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

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

NLRB Expands Employee Rights
In a significant recent development, the National Labor Relations Board ("NLRB") settled a case it brought against a private employer for having overbroad policies concerning an employee's activity on... applies to Tennessee

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

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

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

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

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

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

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 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

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

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

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

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

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

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