Wrongful Termination

Each state has specific laws for unlawful or wrongful termination, and since an employer would never volunteer this information it is essential that you obtain legal representation in this situation.

Workplace Harassment

The EEOC prohibits harassment, including sexual harassment, in the workplace. Women are most commonly affected by sexual harassment in the workplace and the National Women’s Law Center can provide you with further information. Federal law prohibits discrimination against employees or job applicants based on protected characteristics including race, gender, color, religion, national origin, age, or disability. Federal law also protects you from any retaliation or harassment on the basis of a protected characteristic. The Equal Pay Act requires men and women to receive equal pay for equal work. Some states have laws that prohibit discrimination in the workplace based on sexual orientation, but federal law does not prohibit such discrimination. Workers’ compensation claims are processed by state agencies and state laws spell out the qualifications of an employee covered by workers’ compensation.

Personal Injury

Workers’ compensation is a specific type of insurance that covers employees who are injured or who suffer death as a result of performing their job. Worker’s compensation helps employers by preventing worker-injury lawsuits and allows employees to receive payments for medical treatments and lost wages. Although employers are not required by law to offer paid sick leave, the Family and Medical Leave Act (FMLA) applies to all federal, state, and government employers. The FMLA only allows you to take time off in a limited number of situations and your employer has the right to request proof that you or your family member has a serious health condition. During FMLA leave, your employer is required to continue paying for your health coverage and is prohibited from harassing or discriminating against you. Upon your return, the FMLA requires that you be given an equivalent job without forfeiting salary, benefits, or seniority.

Compensation Issues

  • Overtime – The Fair Labor Standards Act (FLSA) overtime rules are based on the standard that 40 hours or work makes up one workweek. It is important to note that not all employees are covered by overtime laws and exemptions from overtime pay are based on job duty requirements. The laws surrounding overtime pay are complicated, as they vary by state as well as by job title.
  • Compensation Basics – Federal labor laws do not require anything other than overtime and minimum wage, therefore you cannot file a complaint to the FLSA based on vacation, sick time, bonuses, or commission compensation. Although the FLSA establishes the federal minimum wage for hourly employees, many states require employers to pay a state minimum wage. Federal labor laws do not offer you much protection if an employer does not pay you as expected, as federal laws only require minimum wage. However, several states have passed labor laws requiring employers to pay wages owed to an hourly employee at regulated intervals.
  • Wage Garnishment – Federal law allows your employer to withhold a percentage of your paycheck for wage garnishments. Wage garnishments are often applied to the paychecks of individuals who owe child support. Although it is illegal for an employer to terminate your employment due to a single wage garnishment, it is legal for an employer to terminate you after they receive multiple wage garnishment notices.
[/list] Labor and employment laws are complicated and vary by state. It is in your best interest to contact a specialized employment attorney if you believe your employer is in violation of a federal or state labor law.

Related Posts
Child Abuse
Kid misuse is the actual, sex-related or emotional maltreatment or ignore of kids or kids. In the United States, the Centers for Disease Control and Prevention (CDC) and the Department ...
READ MORE
How do I know if I need a lawyer for a landlord tenant dispute?
Often times, landlord tenant disputes in which renters and residence owners will claim over issues such as maintenance of residence, increasing of the lease, disturbance, trespassing, rental and comfort issues. ...
READ MORE
Rules for Landlord while Evicting a Tenant
To file tenant eviction case against a tenant, make sure you have served a written notice, especially because it is part of the termination statute of the state. If the ...
READ MORE
Landlord cancel agreement: when and how?
A landlord can legally cancel the rental agreement if the tenant commits a significant violation or break the law. Ending “For Cause” When the landlord wants to end the tenancy due to ...
READ MORE
Want to convert your rental unit in to a commercial unit
There are several ways in which you can evict the tenant you don't like without raising the red flag. One of it is to convert or demolish your rented unit. ...
READ MORE
Real estate property purchasing option?
When you are investing on a real estate property, you can choose to buy through real estate investment trust (REIT), limited liability company (LLC) or under your own name. Choosing ...
READ MORE
Why to hire dui lawyer
You must have heard of the friends or family members being caught under the DUI. Definitely, Driving under Influence is not a small case. In fact most of the states ...
READ MORE
Affordable DUI attorney
Traffic violations don't seem to be all minor offences since they need major ramifications within the future. Reckless driving causes most of the traffic accidents and to stop that, traffic ...
READ MORE
Landlord tenant law
Landlord tenant law of a dwelling house or a residential building is governed by tenancy law which applies real estate property law and contracts in leasehold estates. If you are ...
READ MORE
Basics of buying a house
Real estate transactions can be intimidating at times. You might encounter pitfalls that will make you lose money as you buy your first house. This is why hiring an attorney ...
READ MORE
Child Abuse
How do I know if I need a
Rules for landlord while tenant eviction
Landlord cancel agreement: when and how?
Want to convert your rental unit in to
Real estate property purchasing option?
Why to hire dui lawyer
Affordable DUI attorney
Landlord tenant law
Basics of buying a house