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Articles (85)

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

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

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

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

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

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

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

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

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

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

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

Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe... applies to All States

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 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

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

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

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

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

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 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

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

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

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

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 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

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

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

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

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 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 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

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

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

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

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 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

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

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

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

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

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

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

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

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

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

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

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 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

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