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
Punishments And Penalties for DUI/DWI
No crime goes unpunished. No other crime in the US gets more offenders behind bars than Driving Under the Influence or Driving While Intoxicated offenses. Laws per state vary but ...
READ MORE
Pay taxes on time
When April 15 is round the corner, it becomes a really stressful time for the tax payers. Paying of tax is imperative for one and all. Hence there are also ...
READ MORE
What is involved in filing for bankruptcy
People who are having problems paying their financial obligations sometimes consider bankruptcy to acquire comfort from selection initiatives, remove some or all of their financial obligations or rebuild their debt ...
READ MORE
What are the Dos and Don’ts when you are not able to pay rent on time
You don’t have to worry about getting evicted if you can’t pay rent on time. You won’t, not right away at least. It’s inevitable to run short on funds. It’s ...
READ MORE
Social Security disability definition
Social Security Advisory Board has asked whether the Social Security disability definition should be changed in some fundamental way. The Disability Policy Panel studied this question at length and reached ...
READ MORE
DWI: Driving while intoxicated
Operating  or driving a motor vehicle while under the influence of alcohol or drugs that impair your driving skills and perception is a crime in the United States which is ...
READ MORE
Medical records are important
Personal injury lawsuit is very expensive and time consuming legal endeavour. This type of lawsuit involves monetary claims for damages incurred by the victim as well as for the injuries ...
READ MORE
Legal help while selling your home
Selling a home can bring up a lot of issues and could easily become a maze of processes. To make sure that you get your home’s worth, it would be ...
READ MORE
Top reasons that can severely affect your landlord business
There are mistakes that will definitely affect your landlord business and these are what you should avoid. 1.Tenant discrimination intentionally or unintentionally. This warrants a one-way ticket to a legal proceeding. ...
READ MORE
The landlord’s right in evict tenants
Every state in US has the unique Rent Control Acts and this is to be protected in the right manner surely. There should indeed be a valid reason behind everything ...
READ MORE
Punishments And Penalties for DUI/DWI
Pay taxes on time
What is involved in filing for bankruptcy
Not able to pay rent on time? Dos
Social Security disability definition
DWI: Driving while intoxicated
Medical records are important
Legal help while selling your home
Top reasons that can severely affect your landlord
The landlord’s right in evict tenants