Top 6 Most Important Employee Laws

Top 6 Most Important Employee Laws

Around five out of every 100 employees in the U.S. sustain an injury while on the job every year. Because of these accidents, employee laws exist. Employee laws encompass everything from fair wages to product liability issues and ensure you, the employee, basic rights while working. What Employee Laws Cover: An employment lawyer will explain to you that if you’ve been injured on the job, you may have the right to file a personal injury claim. An estimated 2 million people that are injured every year on the job end up being hospitalized — which is a stepping stone to filing a work related injury claim. What Employment Attorneys Do: Employment rights attorneys are very well versed in personal injury law and work to help their client gather information about their work-related injury, prove that there is substantial evidence against the defendant that the environment was not safe, and plead the client’s case in court. Common Employee Laws: Fair Labor Standards Act. This law prescribes wage standards and overtime pay for all employees. This affects most private and public employment and requires employers to pay their employees the federally set minimum wage limit. If your employer does not abide by this law, you should call up your labor attorney. Occupational Safety and Health Act. Under this act, safety and health conditions within private industries are regulated by the Occupational Safety and Health Administration (OSHA) and its approved state programs. All employers under the act must make sure their facilities meet standard safety regulations and health standards. Workers Compensation. No matter if you work for a private company or a...
Case Study: Former Police Chief Nate Young Files Wrongful Dismissal Suit Against Bar Harbor

Case Study: Former Police Chief Nate Young Files Wrongful Dismissal Suit Against Bar Harbor

A former police chief in Bar Harbor, Maine has filed a wrongful dismissal suit against the city. Nate Young claims that he was fired from the police force due to being an alcoholic, a status he claims as a disability. Bar Harbor, Young argues, has a duty under the Americans with Disabilities Act of 1990 to make reasonable accommodations that would allow him to carry out his duties while seeking treatment for his condition, something he says the city blatantly refused to do. Bar Harbor, unwilling to add to the 260% rise in wrongful dismissal cases in the last two decades, contends that Young’s dismissal violates no wrongful dismissal laws. They argue that Young intimidated two officers who found him drunk and unconscious in his pickup truck outside of the local Town Hill Market. They allege he used his position to force them not to report his actions. After the officers reported the incident, Young was fired, as The Bangor Daily News reports. Alcoholism is Covered Under the ADA If Young weren’t caught drunk behind the wheel of a vehicle, and he were let go because of his alcoholism without reasonable accommodation on the part of the city, it could be argued that he is entitled to wrongful dismissal compensation. As the U.S. Commission on Civil Rights details, so long as alcoholics are not drinking during the course of work and so long as their situation does not interfere with their ability to discharge their duties, they are protected under the ADA. Further, employers are required to provide reasonable accommodations to their disabled employees. What Counts as Reasonable Accommodation...
How One Girl's Facebook Post Lost Her Father an $80,000 Employment Settlement

How One Girl's Facebook Post Lost Her Father an $80,000 Employment Settlement

[custom_frame_left][/custom_frame_left]In this social media age, it’s not surprising that there’s often an overlap with the legal world, and posts to websites like Facebook and Twitter. This past week, a Facebook post resulted in one family losing out on an $80,000 settlement.[clear] Originally a Wrongful Dismissal Case for Discrimination The case Gulliver Sch., Inc. v. Snay was originally settled, with the defense agreeing to pay the plaintiff. Snay had been a former head at Gulliver Preparatory School, and filed an age discrimination complaint after his 2010-11 contract was not renewed. Eventually, Snay and Gulliver Preparatory agreed to settle with $10,000 back pay, an $80,000 settlement, and $60,000 for Snay’s wrongful termination lawyers. Everything seemed fine. The plaintiff’s daughter, however, immediately took to Facebook to tell her 1,200 followers — including many former and current Gulliver students — that they had won the case, and “Gullivan is now officially paying for my vacation to Europe this summer. SUCK IT.” Word quickly spread, and got back to the school administration. Gullivan refused to pay the settlement, saying that the daughter’s post not only violated the confidentiality provision, but proved the plaintiff had violated by telling his daughter. A hearing was held to determine whether or not the daughter’s knowledge and Facebook post were in violation of the agreement. Snay argued that he and his wife had to tell his daughter something, as she had been very worried about the outcome. Don’t Expect Your Facebook Posts to Stay Private The court wrote, however, that the parties had agreed to clear and unambiguous terms regarding breaching of contract, and “Snay violated the agreement by...
Teacher Fired for Reporting Student Abuse: Three Current Wrongful Dismissal Cases

Teacher Fired for Reporting Student Abuse: Three Current Wrongful Dismissal Cases

[custom_frame_left][/custom_frame_left]Wrongful dismissal lawsuits are becoming increasingly common in the U.S. According to BrightHub, such lawsuits have actually risen 260% over the past two decades. For a small business owner to settle such a lawsuit, the average cost in 2006 was over $300,000. Employees are reasonably likely, at 67%, to win a lawsuit if it goes to trial, and it is for this reason that employers are likely to seek a settlement. Are you looking into wrongful dismissal law, and wondering whether your case will hold any ground? Your best bet is to have a consultation with experienced employment rights attorneys — they will be able to tell you whether your case is likely to have a positive resolution. Here are three current wrongful dismissal cases that might give you an idea of what to expect in court. 1. Rochelle Daniels v. Hales Franciscan High School Rochelle Daniels was an English teacher at Hales Franciscan High School when, several weeks ago, a young student approached her and explained she had been held down and sexually assaulted by two boys. She asked Daniels not to go to the school with the information. But Daniels contacted the Department of Children and Family Services, as she is required to by law when informed of abuse against a student. Two weeks later, Daniels was fired. The school claimed she was fired owing to “gross insubordination.” Daniels and her lawyer claim her firing is in violation of Illinois’s whistle-blower statute. The case is currently in court. 2. Matthew Niswonger v. PG and E In July 2011, Matthew Niswonger and his PG and E power line...
What Is a Wrongful Dismissal?

What Is a Wrongful Dismissal?

  [custom_frame_left][/custom_frame_left]Wrongful dismissal (also called wrongful termination or unfair dismissal) is when an employee is fired from their job either illegally or without following the internal dismissal guidelines of the company itself. But it’s not always as cut-and-dried as that. Most employment in the United States is characterized as “at will” employment, meaning the employee can quit at any time for no reason and with no notice, and the employer can dismiss the employee at any time for no reason and with no notice. Most employment contracts require that either party give sufficient notice and express cause if a change is about to be made, but those contracts are purely between the employee and employer -—the federal government only recognizes the “at will” rights of both. Even so, there are situations when an employee can seek the services of wrongful dismissal lawyers (a.k.a. unfair dismissal attorneys or wrongful termination lawyers). An employee can sue if they were terminated because of discrimination, whether for race, gender, religion, age, or nationality. They may also sue if they were fired for refusing to do something the employer asked — if that something was illegal. Likewise, if an employer fired an employee without following the company guidelines regarding hiring and firing, the employee may have legal recourse. In the past 20 years, wrongful dismissal lawyers have participated in 400% more employee lawsuits overall, and 260% more lawsuits specifically regarding wrongful termination. Over two-thirds of employee lawsuits that wind up in state court are won by the plaintiff (the employee). Judgments can range from full reinstatement to remuneration for the time spent unemployed. Even...