Wrongful Termination
•A “wrongful termination” is one in which an employer has discharged or laid off an employee in violation of a legal right of the employee.
Employment Discrimination
•when an employee is intentionally treated differently because of the employee’s race, color, religion, national origin, disability, gender, sexual orientation (this varies from state to state) or age by the employer in either the phases of hiring, discipline, performance of job duties or termination.
Sexual Harassment
•Unwanted sexual attention or behavior which negatively affects the work or learning environment
Retaliation
•If employees are harmed as a result of exercising a protected right – harmed by the company itself or an intermediate supervisor
Defamation
•Defamation is a general term for the false attack on your character or reputation through either libel or slander. Libel is a term describing visual defamation, usually in the form of lies in print, or misleading or deceptive photographs.
Discipline and Discharge Process
•at-will provisions, employers are free to discipline or discharge employees provided that the adverse employment action is not motivated by discriminatory intent or administered in a discriminatory manner.
Wage Disputes
•can mean one of two things: wage negotiations or the nonpayment of wages. Employment and labor law is concerned with wage negotiations, that is, when employees ask for higher wages. The two chief wage negotiation issues are: unions and government wage standards.
Maternity Leave Matters
•Most employers know that they cannot discriminate against a pregnant woman based on the fact of her condition. But, when is it appropriate to consider factors that affect her ability to perform the job and that are linked to her pregnancy, like absences for prenatal care or restrictions on lifting? Pregnant employees are protected by a number of different laws, and sorting through them can be confusing.
Failure to Compensate
•When your employer has not paid you for monies earned
Non-compete Agreements
•Non-compete agreements are separate documents or a clauses within a greater employment agreement, such as a separation or non-disclosure agreements. Legally it’s simply a pledge not to compete with the company you just currently or previously worked for. Your employer may ask you to sign this agreement when your hired, or when you leave your job, or all of the above. The question is “should you?”
Severance and Separation Agreements
•Separation agreements are synonymous with layoffs and other types of employment terminations. It is advised that the signing of any agreements be after you met with your legal counsel.
Employee Privacy Matters
•Can my employer listen to my phone calls at work? Can they read my emails? What are my rights?