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Employment Law Blog

Termination, Layoff or Suspension: Does it Matter?

Being told you can't work anymore is never good news, regardless of how the end of your employment is characterized. However, in employment law, what seems a subtle distinction can be crucial in ...
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Proof of Workers' Compensation Retaliation

It is a well-known principle of general retaliation law that, the mere fact a claim is pending when an employee is terminated, is not sufficient to win a retaliatory discharge claim. A good example of ...
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What to Do if You Are Forced to Sign an Employment Contract After Your Job Has Begun

Employment contracts, like most other contracts, are generally legal and enforceable, even in states that are considered "at-will" employment states. In those states, unless there is an ...
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Case Dismissed Because Employee Lost His Temper at EEOC Mediation

Mediation has become an integral part of the EEOC administrative process. Mediation is the process by which a neutral third-party "mediator" helps the employer and the employee, on both ...
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Can an Employer Discriminate Against Me Because I Have a Criminal Record?

The prospect of applying for a job when you have a criminal record, no matter how minor the infraction, can make anyone anxious or even discouraged. You can rest a bit easier knowing that there are ...
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ADA Amendments Make It Easier to Establish Disability Discrimination

ADA Amendments Make it Easier to Establish Disability Discrimination There are several federal laws that protect individuals from discrimination based on certain protected categories, including ...
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The Hidden Dangers of Severance Agreements

When an employee's term of service is ending, whether voluntarily or involuntarily, many employers offer those employees severance agreements in exchange for some form of compensation. Generally ...
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The ADA Does Not Require Employers to Replace Others to Accommodate You.

The Americans with Disabilities Act, often referred to as the "ADA," prohibits employers from discriminating against certain individuals with disabilities when making employment decisions. ...
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How Should My Employer Handle My Discrimination Complaint?

It may be assumed that an employer already knows the proper way to respond to a complaint of discrimination in the workplace. But, unless they have taken an HR course or have significant experience ...
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My Employer Put Me on the Night Shift After I Filed an EEOC Charge -- Do I Have a Claim?

The law prohibits employers from punishing employees who complain about discrimination or harassment in the workplace. Yet, many employers still do. Common forms of retaliation are termination, ...
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Worker's Compensation Retaliation Claims Can Still Proceed After Death

Depending on the type of claim, a lawsuit might be dismissed if the plaintiff dies and his or her death is not related to the lawsuit. However, there are some types of actions, called "survival ...
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Can Religious Beliefs Be a Defense to Discrimination?

In light of the recent media attention surrounding Duck Dynasty's Phil Robertson and his suspension for making racist and anti-gay comments, and the position that he was only "expressing his ...
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Employment Contracts in Alabama - What You Should Know

All employment relationships are contractual, whether or not a contract is ever reduced to writing. There are various types of employment contracts. Some are considered implied contracts created by ...
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Can My Employer Enforce a Non-Compete Agreement?

A Non-Compete Agreement or Covenant Not to Compete, in the employment context, is an agreement to refrain from entering into or starting a similar trade or profession that would be in competition ...
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Employee Harassed Because He Was Engaged to an African-American Woman

Race discrimination in the employment context occurs when a person, either an employee or applicant, is treated unfavorably because of his or her race or personal characteristics associated with a ...
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An Example of Physically Threatening Sexual Harassment

A point of hot debate in sexual harassment cases is whether the alleged harassing conduct is sufficiently severe or pervasive. In some cases, the courts seem to confuse the standard, ruling that the ...
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"Hey! You're not manly enough to be in construction!"

There are many different types of sexual harassment claims. Some are vulgar sexual comments made to women in the workplace. Some claims are based on offensive, physical touching of women. Some are ...
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What Does "Joint Employer" Mean?

When you think of employment law, workplace discrimination or harassment, it is generally understood that the employer is the one responsible for preventing these unlawful actions. But who is ...
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What Do I Do if I Signed a Non-Compete Agreement?

It may be very likely that, when you were first employed at your current job, you were required to sign a non-compete agreement. Your employer can refuse to hire you, or later fire you, for refusing ...
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Be Careful Making Public Complaints Against Your Boss!

Most of us know that at-will employment means your boss can fire you for just about any reason. And most of us know that complaining openly about your boss, or management in general, is not the ...
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What Is the Difference Between an Independent Contractor and an Employee?

Are you wondering whether you are an employee or an independent contractor? Does it matter? In many cases it does. There are legal differences between these two designations and these differences may ...
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Is the Threat of a Demotion Sufficient to Establish Discrimination?

In a case decided this summer, the District of Columbia Court of Appeals was asked to answer the question of whether a mere threat of demotion is a sufficient basis upon which to bring a ...
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Is Same-Sex Harassment Against The Law?

What do you do if your male supervisor calls you a "faggot" or a "sissy" and simulates anal sex when you bend over while doing your job? What if you know that supervisor is not ...
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Sexual Harassment Comes In Many Different Forms.

If you follow college football, you may have heard about the scandal at Ohio State. OSU had its second consecutive championship-caliber season, and its marching band has received national acclaim for ...
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Pro-Obama Racism in the Workplace

With the election of the first African-American president of the United States, came a new basis for discrimination. Maybe not so surprising, some employers have responded quite negatively to ...
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Wrady & Michel, LLC - Birmingham Employment Lawyer
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