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Articles (29)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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