Answers Posted By Stephen Chertkof

Answer to Working from home

There is not enough information to give a clear answer. There is no general right to work at home or anywhere other than where the employer assigns you. (Sometimes work at home may be appropriate as an accommodation for a disability or some other legal right, but that does not appear to be the case here.)

Some employers have policies about working at home, or permit it in their discretion, but your question says there is no such policy. Your question implies that your current supervisor did not approve the change in work location, which works against you.

An employer should not offer this option (or any benefit) in a discriminatory fashion, e.g., permitting women but not men to work at home, although it may make distinctions based on job functions and other lawful criteria.
The fact that an employee was permitted to work at home at one time or under one supervisor does not create a right indefinitely into the future. However, it might be reasonable to rely on past practice until the employee receives notice of a change in practice.

On the other hand, there is a general rule that employees have to be paid for the work they do. So if you performed work (and proving this may be more difficult if you were at home), you should be paid for it. But if you worked at home without permission, the employer might be able to fire you for that act, even as it pays you for that unauthorized work location.

If you want to discuss your individual situation, please contact our office.

Stephen Chertkof
Heller, Huron, Chertkof, Lerner, Simon & Salzman
1730 M Street, NW #412
Washington, DC 20036
(202) 293-8090
www.EEOLawyers.com

posted Jun 14, 2010 3:43 PM [EST]

Answer to I want to sue my employer for my raise, and defamation of work ethics

Until you meet with a lawyer and explain all the facts, we cannot give you a definitive answer or legal advice. But as a guideline, the limitations period for most defamation claims is 1 year in D.C. and for most contract claims it is 3 years in D.C.

Defamation claims are often difficult to pursue because you have to prove that false statements of fact (as opposed to opinion) were made or published to third parties. Statements such as "I think John Smith is a terrible employee" or "Jane Doe has a terrible attitude" are likely to be viewed by courts as opinions which would not support a claim for defamation. On the other hand, "James Jones stole $100 from the cash register" is a factual statement that, if false, probably would support a claim of defamation.

Suing an employer for defamation is even more difficult because employers generally have a "qualified privilege" to criticize their employees. It is rare that we recommend filing a defamation claim against an employer.

Suing to an enforce a contract is easier, but you have to be able to prove that you had an entitlement to the raise you seek. If you think that you were entitled to it and that the employer could not change its mind, it may be worth pursuing further. But bonuses and raises are often considered discretionary, even if there is a pattern.

Good luck to you.

NOTE: This is general guidance and is not intended to be legal advice. We cannot give legal advice without knowing all of the relevant facts and your goals. Please do not rely on this advice without consulting legal counsel who can make an individualized analysis of your situation.

Stephen Chertkof
Heller, Huron, Chertkof, Lerner, Simon & Salzman
1730 M Street, NW #412
Washington, DC 20036
(202) 293-8090
www.EEOLawyers.com

posted Dec 4, 2009 10:26 AM [EST]