The employer and employee relationship should be a rewarding one, but it is also fraught with potential problems. There are many different regulations designed to ensure that employees are treated fairly. You can make complaints to various government agencies and/or pursue a civil claim to recover damages if your employer violates any of these regulations. Knowing when you have a legal claim can be complicated, so it is a good idea to speak with an attorney if you suspect something wrong.
Read MoreMost employment in Pennsylvania and throughout the United States is at will. This means your employer can fire you any time he wants to, for any reason or for no reason at all. As a result, you cannot always take legal action when you are let go. There are, however, some rules regarding things an employer cannot fire you for. If you were let go for a reason which was in violation of public policy or in violation of worker protection laws, you should have a case against your employer.
Read MoreTitle VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act are all federal laws aimed at protecting workers. There are also state anti-discrimination laws applicable to businesses throughout PA. These laws prohibit employers from discriminating in hiring, firing, and terms and conditions of employment based on protected status (which includes things like race, age, gender, religion, and national origin).
Read MoreHarassment is prohibited by state law as well as by federal civil rights laws including Title VII of the Americans with Disabilities Act. There are different kinds of unlawful discrimination in the workplace and victims of discrimination can file claims based on sexual harassment, as well as based on harassment due to their religion, national origin, age, disability status, or other protected status. Sexual harassment cases generally originate under provisions of Title VII of the Civil Rights Act which prohibit discrimination on the basis of gender.
Read MoreEmployment agreements are contracts between an employer and an employee. The agreements usually specify some of the key terms of employment. The agreements may also detail what an employer expects from a worker and what an employer will guarantee or provide to the worker.
Read MoreWorkers are protected from many different kinds of wrongful behavior in the workplace. For example, it is unlawful for an employer to overtly discriminate but it is also unlawful for an employer to engage in disparate impact discrimination. If a test or a job qualification affects a protected class (like a particular race or religion of people), this can be a form of unlawful discrimination that can lead to legal action. Likewise, if a hostile work environment is created by co-workers or peers, this can be considered an actionable violation of civil rights laws.
Read MoreWhen an employee is an at will employee, this means that the employee works as long as the employee wants to, for as long as the company decides to keep him employed. A worker can quit at any time, and a company can fire the worker at any time and for any reason. There does not have to be a specific stated reason for either an employee quitting a job or an employer terminating the worker.
Read MoreYou can file a civil lawsuit against an employer if you are treated different in hiring, firing, or the terms and conditions of employment on the basis of your protected status. Employers are not allowed to discriminate on the basis of your gender, your race, your religion, your national origins or nationality, your advanced age, or your disability status. All of these things are considered to be protected statuses.
Read MoreReasonable accommodation is required under two primary circumstances. As the Equal Employment Opportunity Commission explains: “Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.”
Read MoreWhen an employer is making hiring decisions, an employer generally should not take age into account. However, the only legal protections that exist are designed to prevent discrimination against older workers. There is no law that prohibits an employer from refusing to hire people on the basis of the fact that the employer believes that the person is too young. There is a law prohibiting an employer from refusing to hire someone on the basis that he is too old.
Read MoreEmployees are supposed to be paid for their time doing work activities. If employers don't pay, workers can take action. A group of employees from Tyson did just that: they filed a class action lawsuit because their employer was not paying for their time putting safety gear on and taking it off. Safety News Alert reported on the lawsuit, which ended up getting all the way to the U.S. Supreme Court.
Read MoreSometimes, it can be difficult to determine if you were fired due to discrimination or not. Some of the red flags that you should look for include a failure of the employer to follow written or implied promises made to you, disciplinary action or a termination despite no wrongdoing on your part, discriminatory statements, other terminations of people of protected classes, a pattern of discrimination, a termination following a specific interaction with your employer,
Read MoreWhen you hire employees, you take on a host of legal obligations. You need to make sure you comply with all of the requirements imposed on employers so you do not face legal consequences. You also need to make sure your employees do not jeopardize your business interests.
Read MoreThe Small Business Administration explains that: “An employee handbook is an important communication tool between you and your employees. A well-written handbook sets forth your expectations for your employees, and describes what they can expect from your company. It also should describe your legal obligations as an employer, and your employees' rights”
Read MoreDisparate impact discrimination usually starts when there is a job requirement established by an employer. The job requirement may appear to be neutral on its face. However, it ends up disqualifying more people of a protected class, such as more people of a given race or a given religion. For example, in an area where fewer minorities have a college education, a job requirement mandating a college degree could be considered disparate impact discrimination.
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