What is Discrimination in the Workplace? Discrimination at the workplace occurs when your employer treats you unfairly and differently from other employees. Discriminatory Behavior On The Job Forcing you to work under harsh working conditions Demotions Creating reasons to write you up Denying you promotions Denying your pay increases Lowering your hours Failing to promote…

Suing Employer For Emotional Distress Although states vary in their interpretations of the necessary elements to prove the tort, it is generally agreed that the employee will need to prove that the employer's acts actually occurred, that they were intentional (or grossly negligent), and that the employer's actions were the legal and factual cause of…

COBRA - Continuation of Medical Coverage After Employment Has Ended COBRA is a comprehensive federal law called the Consolidated Omnibus Budget Reconciliation Act ("COBRA"). The purpose of COBRA COBRA allows employees covered by health insurance plans to continue to get health benefits for a limited time after losing their jobs. Distinction between COBRA and ERISA…

It's always exciting landing that new job. Even with an employment contract, you may still be considered to be an independent contractor by the IRS. Sometimes, an employer prefers that you be classified as an independent contractor because its much less expensive for the company. Whether a worker is an "employee" of the company or an…

Employment And Labor Lawyers  The term employment attorney is sometimes used interchangeably with the term employment lawyer. Most people, including lawyers, usually consider labor law a subspecialty of employment law. Employment Lawyers Employment lawyers are experts on employees' legal rights and the employer's legal obligations. For our purposes, this article focuses on employment lawyers who…

ERISA Protects People That Had Employment Retirement Plans Upon Being Terminated, Resigned, or Were Already Retired from The Company Employer Rules When Managing Retirement Plans ERISA is federal law and stands for the Employee Retirement Income Security Act. ERISA provides rules for those responsible for managing and overseeing your retirement plan. ERISA provides minimum standards…

The Family Medical Leave Act, (FMLA) allows "covered employees" to take time away from work to handle family or medical needs. Many states, however, have provided additional rights and benefits beyond the scope of federal legislation. This article mainly covers some of the main topic points of the FMLA rules and covers its basic compliance requirements.…

Looking for a new job? Whether you dream about resigning from your current role or applying for your very first career opportunity, you must be realistic. In the job search process, it takes time before landing that first interview. While more than half of U.S. people expect the whole procedure to last less than 2…

The Implications Of Signing A Separation Agreement Separation Agreements are often referred to as Severance Agreements. Some separation agreements usually include some form of monetary payment to the employee. The separation agreement will contain terms that define the ending of the employment relationship and include the conditions and obligations of both the worker and the…

What Is a Non-Compete Agreement? Most employers forbid employees from competing with the company while on the job. But some employers go further, requiring employees to agree not to start their businesses or go to work for a competitor after they leave their employment with the company. Employers request new employees to agree to and…

Sexual harassment in the workplace is a specific kind of employment discrimination. It occurs when someone at your workplace, such as a supervisor or coworker, says or does something to make an employee feel uncomfortable or intimidated. This article includes a brief history and summary of sexual harassment in the workplace and the legal rights…

Prohibited Interview Questions And Pre-Employment Drug Testing This article covers the interview process and whether the employer can ask the applicant to submit to a drug test as a condition of their employment with the company. The Job Interview The job interview is an important part of the employee selection process. This is true for…

This article summarizes some of the major issues involving wage and hour laws, sick leave, and vacation time. Most of the labor laws will depend on your own state’s labor laws, and other laws such as the Family and Medical Leave Act are federal laws. Federal Laws Set Minimum Standards Federal law provides the legal…

Wrongful Termination - Illegal Basis for Discharge The employment violation known as wrongful termination occurs when an employee is terminated based on an unlawful purpose. In some states, wrongful termination is called wrongful discharge. Unlawful termination laws come from both federal and state anti-discrimination laws and are rooted in the earlier Civil Rights Acts. At-Will Employment…