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Articles (103)

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

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

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

Requests for Admissions 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. Instead, they must usually obtain documents and testimony from the em... 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

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

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

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

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

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

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

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

Other Legal Links for posting to Resources page
Akron Community & Government The complete online guide to the Akron area, with accomodations, real estate, business and location information. AttorneysDelivered.com Search our professionally scree... applies to Nebraska

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

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

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

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

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

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

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 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

Depositions 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. Instead, they must usually obtain documents and testimony from the em... 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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

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

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 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

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

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

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

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

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

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 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

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

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

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

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

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

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

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

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 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

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

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

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

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 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

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

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

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

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

It Is Prudent To Report And To Redress Alleged Race Discrimination And Retaliation
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USERRA
Enter your article here Reemployment Rights Act (USERRA). The Uniformed Services Employment and Reemployment Rights Act of 1994 is a federal law intended to ensure that persons who serve or have serve... 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

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

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

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 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 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 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

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