Employment Law Blog

Do I Really Have to Give My Employer Two Weeks' Notice?

Employee turnover is common in nearly every field of employment. When employees decide to leave one job and move on to the next, the question often arises regarding whether they are legally required ...
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What is "Me Too" Evidence and Why Can't You Use it to Prove a Hostile Work Environment?

Based on statistics from the EEOC, racial harassment cases have more than doubled since the early 1990s. It is unthinkable that anyone would have to work in an environment where the "n-word" ...
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Why You Might Need an Attorney at Your Unemployment Compensation Hearing

If you believe you have been wrongfully terminated from your employment, based on discrimination or some other illegal reason, and you file for unemployment, your employer may appeal any award of ...
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Is My Employer Required to Pay Me for Vacation or Sick Days When I End My Employment?

Is My Employer Required to Pay Me for Vacation or Sick Days When I End My Employment? Generally speaking, there is no law that requires a private employer to compensate an employee for accrued ...
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When do Statements in an Employee Handbook Create an Employment Contract?

Though most employers do not intend for the statements in their employee handbooks to create an employment contract, the language they use may form the basis of an implied contract. Sometimes, a ...
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Why Do Employers Retaliate Against Workers Who File Workers' Compensation Claims?

The purpose of the workers' compensation benefits program is to allow workers to be compensated for injuries they sustain at work, without having to prove fault. The benefit of this program for ...
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Can I Be Required to Arbitrate a Worker's Compensation Retaliation Claim?

If you signed an arbitration agreement that broadly covers "employment-related issues," then most likely you can be forced into arbitration. Many employees have attempted to fight being ...
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What You Should Know About Mediating Employment Cases

It seems that mediation has begun to emerge as the preferred form of alternative dispute resolution in employment discrimination cases. There are certainly advantages for both parties, including more ...
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Is it Difficult to Challenge a Poor Performance Evaluation from my Employer?

In nearly every employment discrimination case, the defendant employer alleges that the employee filing the lawsuit engaged in some type of conduct that led to the discipline or termination of which ...
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Can Someone Be Terminated for Being an Alcoholic?

Consider an employer suddenly faced with the admission of an employee that he is an alcoholic. It would be reasonable for the employer to become concerned about that employee's ability to perform ...
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Are Complaints Made on Facebook Enough to Give an Employer Notice of Harassment?

That is the issue being decided by the U.S. Supreme Court in the next few days. This decision will no doubt have an impact on employment discrimination and retaliation laws in our country. The issue ...
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Parental Leave Work Policies: A new Source of Workplace Discrimination

Employers are not required by any law to provide paid leave to a parent after a child's birth. The Family and Medical Leave Act only requires that leave be provided after the birth of a child. It ...
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Company-Wide Gender Discrimination Leads to Class Action Lawsuit

You may not be surprised to hear about a business paying men more than women to do the same job, or giving all of the promotions and management jobs to the male employees, regardless of qualifications ...
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Can I ask my employer to accommodate me by allowing me to telecommute?

As our world's technology continues to advance to new heights, the ability to work from just about anywhere is becoming more and more possible. With laptops, tablets, Smartphones and clouds, there ...
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What to Expect at an EEOC Mediation

You believe you have been discriminated against at work. So, you go to your local EEOC office and file a Charge of Discrimination. This gets the legal ball rolling. Then, not long after your charge is ...
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How Far Will an Employer Go to Defend Claims of Discrimination?

In employment discrimination cases, the employee has the initial burden of proving his or her claims. If that is accomplished, the employer is then required to defend their actions and show that those ...
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Paramedics Denied Employment with County Because of Diabetes.

Most of us recognize that EMS professionals are a "major link in the public safety response chain." Although in some cases, the police officers and firefighters receive the praise, and some ...
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What is "Paramour Preference" Sexual Harassment?

So your boss is having an affair with a co-worker. Not your problem, right? Well, not necessarily. Let's say you are a very high performer and obviously in line for a promotion. But, who ends up ...
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Sexual Harassment of Developmentally Disabled Wal-Mart Employee

Wal-Mart, our nation's largest retail chain, has developed a reputation for refusing to settle lawsuits. However, there are always worthy exceptions. This discrimination case in Ohio was one of ...
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Paycheck Retaliation

Hey! How much do you get paid? How often have you been asked that question in your workplace? How do you respond? Most of us have been trained not to reveal our salaries or hourly pay rates to other ...
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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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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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