Will Edward Lane Win Against Central Alabama Community College in Wrongful Dismissal Case?

Will Edward Lane Win Against Central Alabama Community College in Wrongful Dismissal Case?

[custom_frame_left][/custom_frame_left]A longstanding case of a Alabama man versus his employer is currently before the Supreme Court. Edward Lane, a former employee of Central Alabama Community College (CACC) is bringing suit against Steve Franks, the former president of the college. As the case goes forward, questions of the limit of the First Amendment and so-called wrongful dismissal laws will be called into question. Mr. Lane’s Wrongful Dismissal Case Against CACC Mr. Lane worked as the interim director of the Community Intensive Training for Youth Program at CACC. The program aims to educate and counsel individuals at high risk for criminal activity, as an alternative for jail time. After completing an audit of the program, according to NPR, Mr. Lane found that state representative Suzanne Schmitz, on the payroll as a community relations manager, wasn’t actually doing her job, despite being one of the program’s best paid employees. Realizing that Schmitz’s alleged actions were illegal, Lane set up a meeting with the representative. Following a confrontation that Lane describes as “ugly,” he fired the representative from the program. Not long after Lane cut Ms. Schmitz loose, the Federal Bureau of Investigation came to his door, asking him to cooperate in a corruption case against the wayward representative. After giving his truthful testimony to the court on Schmitz’s criminal activities, Lane was fired from CACC. The crux of Mr. Lane’s argument is that he was fired for testifying against Ms. Schmitz, an action which he believes should have been protected under the First Amendment, employee laws set up under Title VII of the Civil Rights Act of 1964, and common laws protecting...
Does My Employer Need to Give Two Weeks Notice – Employee Laws

Does My Employer Need to Give Two Weeks Notice – Employee Laws

[custom_frame_left][/custom_frame_left]Over the past 20 years, the number of wrongful termination lawsuits filed has increased 260%.  The economy has been stumbling along for the past few years, and people who find themselves without a job as the result of unfair practices might realize that a lawsuit is essential for making sure they are covered until they can find a new employer. If you decide to move forward with a wrongful dismissal lawsuit, you want to know whether the facts are on your side. Here are three common questions concerning different aspects of employee laws. 1. What are My Rights as a Pregnant Employee? The Pregnancy Discrimination Act says that businesses with 15 or more employees are required to treat pregnant employees the same as they would any employee or applicant. If you cannot perform your job while pregnant, your employer has to treat you as they would anyone else with a temporary disability. Your employer is not allowed to ask you about your future plans for pregnancy planning and use this as a basis for making decisions regarding employment, raises, benefits, et cetera. You may have additional rights for family leave time, depending on how many employees your company has. 2. Does My Employer Need to Give Me Two Weeks’ Notice? The common two weeks’ notice that employees and employers give before separation is an industry courtesy, but not a part of employee laws. “At-will employment” means that no notice is required. The exception is if you signed or agreed to an employment contract, in which it was indicated that specific steps would be taken before termination, and your employer...
Were Your Rights as an Employee Violated by Your Termination?

Were Your Rights as an Employee Violated by Your Termination?

[custom_frame_left][/custom_frame_left]This past week, a former police officer of Hardeeville, SC named Leah Frank received a $30,000 wrongful termination settlement. The police department fired Frank in December 2010. Frank said that she was fired not because of her performance, but because she was sexually harassed and passed up for a promotion because of her gender. The court agreed. Although she did finally receive compensation, it’s worth noting that this case took two years to get through the court system. Suing for wrongful termination might be the right choice, but it isn’t always an easy one. Here are several facts to keep in mind if you believe your rights as an employee have been violated owing to the conditions of your termination. What are My Rights as an Employee? Termination as a result of speech is one of the most common issues to be picked up by media outlets. Recently, communications director Justine Sacco wrote on Twitter before leaving on a business trip, “Going to Africa. Hope I don’t get AIDS. Just kidding. I’m white!” The response to this commentary was so quick, that Sacco lost her job before she even stepped off the plane. By firing her, was her First Amendment right to free speech violated? No. Employers can dismiss employees for speech in the workplace, or outside of it. Though this might seem unfair, employees are seen as company representatives. Beyond that, employers themselves can be sued if, for example, the speech of some employees makes others uncomfortable enough that it constitutes workplace harassment. Can Wrongful Termination Lawyers Represent Whistle Blowers? Whistle blowers are employees who observe wrongdoings in...