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Employment Law
Can You Be Fired for being Gay? PDF Print E-mail
Written by Mark West   
Wednesday, 18 May 2011 19:47

What employment rights do gay and lesbian employees have?  Can you be fired for being gay? Presently there are no federal laws that provide protections for employees on the basis of their sexual orientation. Since 1993 various form and versions of the Employment Non-Discrimination Act (ENDA) has been pending in congress.   The ENDA would ban employment discrimination based on an individual's sexual orientation. The bill provides protection from discriminatory hiring, firing, promotion or compensation practices, as well as retaliation for reporting such practices. However, this legislation has not cleared the hurdles of congress and became law.

 

Last Updated on Tuesday, 10 April 2012 01:24
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Your Right to Workers Compensation Benefits PDF Print E-mail
Written by Alex Berman   
Wednesday, 20 April 2011 19:17
You, like most people,  have  some knowledge about workers compensation, but do you fully understand what benefits you are entitled to receive if you are injured on the job. Are you even entitle to  workers comp benefits? Most states have adopted a workers compensation act where employees give up the right to sue in civil court in exchange for a no-fault system. This type of system benefits the employee by offering compensation regardless of whether they were at fault for the injury. The only thing the employee has to prove is he or she was injured on the job.  The trade off with a no fault system is the employee is limited in what benefits  that can be collect. If you are injured on the job you must first file a claim for workers comp with your employer and/or  their workers comp insurance company. Once your claim has been filed and processed, you would then be entitled to be paid wage loss benefits for as long as you are disabled and unable to work. You are also entitle to reasonable and necessary medical treatment for your injury. In some states you may qualify for retraining or tuition reimbursement to assist you reemployment.
Last Updated on Tuesday, 24 May 2011 18:09
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Sexual Harassment at Work: Your Legal Rights PDF Print E-mail
Written by B. Clark, Esq.   
Tuesday, 01 March 2011 15:36

If you think you are a victim of sexual harassment you are not alone. Each year it is estimate that 100,000 - 300,000 individual are sexual harassed at their place of employment. No occupation is immune from sexual harassment; however, reports of harassment of women is higher in fields that have traditionally excluded them, including blue collar environments, such as mining and firefighting, and white collar environments, such as surgery and technology. In 1998, the U.S. Supreme Court made employers more liable for sexual harassment of their employees There are a number of legal options for an individual who is the subject of sexual harassment. It is import that everyone is abreast of their legal rights when it come to sexual harassment in work. 


Last Updated on Thursday, 03 March 2011 03:09
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Employee’s Right to a Safe and Healthy Workplace PDF Print E-mail
Written by B. Clark, Esq.   
Saturday, 29 January 2011 05:15

There are both federal and state laws that protect you from an unsafe and unhealthy workplace. The Occupational Safety and Health Act of 1970 also known a OSHA is the federal law that set certain safety standard to eliminate threats to workplace safety. The primary reason OSHA was enacted was to assure safe and healthful working conditions by authorizing enforcement of the standards developed under the Act. OSHA also authorizes states to implement their own safety and health programs. State programs must be at the very least as effective as the federal OSHA program, must provide similar protections for workers and state program must be approved by the Occupational Safety and Health Administration.

Last Updated on Saturday, 29 January 2011 05:32
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Can You be Fired or Terminated for No Reason PDF Print E-mail
Written by B. Clark, Esq.   
Wednesday, 19 January 2011 22:56

Can your boss fire you  for no apparent reason or seemingly unfair reason? If you are fired for no reason can you file a lawsuit for monetary damages or to get your job back?  Every attorney has been face with this question at some point.  Virtually every state in the union follow some form of what we call the employment at will doctrine. Employment at Will doctrine basically provides that an employer may fire his employees for any reasons, no reasons and even unfair reasons, as long as they are not illegal reasons.

 

Last Updated on Tuesday, 10 April 2012 01:21
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