THE RIGHT TO ORGANIZE AND FORM UNION

At-will employment can create imbalances of power in the workplace.  Prior to labor reforms passed at the turn of the 20th century, employers often used this imbalance to exploit their employees.  Child labor, hazardous workplace conditions, on-the-job injury or disability and ...

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RETALIATION AND WRONGFUL TERMINATION

Many federal employment statutes include anti-retaliation provisions. In addition, most states have created their own legal causes of action for wrongful termination if the basis for the firing is against the state’s public policy.  When an employee is fired for ...

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WORKERS WITH DISABILITIES & INJURIES

Employers may not discriminate against qualified employees or applicants with physical or mental disabilities.  The main law prohibiting discrimination against workers with disabilities is the Americans with Disabilities Act, which defines the types of medical conditions that qualify as disabilities, obliges ...

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OTHER LAWS PREVENTING DISCRIMINATION

Just as the Fair Labor Standards Act is the foundational law regarding fairness in hours and wages, the Civil Rights Act of 1964, also known as Title VII, is the keystone of workplace anti-discrimination laws.  However, the protected classes under ...

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THE CIVIL RIGHTS ACT AND EMPLOYMENT DISCRIMINATION

Until the mid-1900s, employment discrimination of many types was legal and commonplace. Moreover, there was little protection for the disabled against retaliation or for workers who organized in labor unions. 20th century legislation, however, promoting equality and equal opportunities for women ...

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IMPROPER TERMINATION

Wrongful termination litigation can be very contentious, especially when it plays out in public.  In one recent major wrongful termination class action lawsuit, employees of Wells Fargo Bank alleged that they were wrongfully terminated for refusing to take part in ...

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POST EMPLOYMENT BENEFIT

Introduction Aside from severance and unemployment, there are rules in place to ensure that employment benefits can be maintained or transferred by people changing jobs in as smooth a manner as possible. This module will focus on transitioning of health ...

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POST EMPLOYMENT COMPENSATION

Getting fired is stressful. Depending on the circumstances of an employee’s departure, however, he may be entitled to receive continued benefits. The fired employee could qualify for government assistance, along with any assistance offered by his former employer. In this ...

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