Whistleblower Protection It’s one thing to be fired or disciplined at work because of who you are. But sometimes, employees are disciplined or fired because they do the right thing. When an employee comes forward and reports illegal practices by company employees to HR or company management, that employee becomes a whistleblower. Your employer cannot […]
Doing the right thing isn’t always easy. Many employees witness illegal or unethical conduct in their workplace, few are brave enough to report these actions to higher management or a government agency. Some of those who take a stand end up being punished by management as a result. Depending on the circumstances, those employees may
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Have questions about your potential legal case? Our Legal Leverage program has you covered! In most nonworkplace situations, you know when you might have a criminal law problem. Rob a store or get pulled over while driving drunk, and you know you’ll be in trouble with the law. However, in white-collar investigations—ones that often start
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Does your supervisor have a habit of promoting people who are less qualified than you are into positions for which you have applied? Does he make jokes about the competence of women and how they perform at work? Federal laws (and some state laws) make it illegal for employers to deny benefits to someone solely
Employer Seeks Dismissal of Discrimination Case, Tampering With Company Computer Alleged Claims and counter-claims are part of the litigation process. A California federal court judge will need to consider alleged sexual harassment by an attorney, with the victim being an attorney, retaliation and possible destruction of evidence. Both sides carry the burden of proving the
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Equal Pay Act (EPA) What should you do about getting paid less for the same work? It is old news that women are often paid less than men for similar work. Though this is not an issue that only caregivers face, it certainly affects caregivers, given that the majority of them are women. So, when
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If you are still employed and someone discriminates against you, or if you are pregnant, or if you are disabled—tell human resources in writing (e-mail is fine). Why? Putting your employer on notice of discrimination against you or any condition that is protected under federal statutes (and some state statutes) gives you more leverage. After
The Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) is a powerful tool available in some circumstances to protect caregivers directly (see the prior section on the ADA’s association clause) and to address the effect of caregiving: that is, intense stress and physical manifestations. (Of course, the ADA is also a
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Family and Medical Leave Act (FMLA) The FMLA—for you intrepid souls who want to read it—can be found at 29 U.S.C. § 2601. This is the only federal law that explicitly provides a right for employees to take time off from work to provide self care (e.g., you just had surgery and need time to recover) or time to
Case Study “Crappy” is a technical legal term that I will not define here. But this is essentially what a federal court in Connecticut found in Wanamaker v. West port Board of Education, 899 F. Supp. 2d 193 (D. Conn. 2012). This is a well reasoned case that is a must read for attorneys who represent clients subject to
