Recent Articles

HOW AN EMPLOYEE PROVES THEY HAVE BEEN THE VICTIM OF RETALIATION

October 07, 2008 03:19

In order to establish a prima facie case of reprisal, a complainant must show that he or she engaged in activity protected by some state of Federal law. The employee must also demonstrate the employer or supervisor of the employer was aware of the prior protected activity, the employee was...

Federal Law now protects the intelectually disabled

September 15, 2008 13:38

HRhero.com recently posted a very interesting article relative to the EEOC protecting the intelectually disabled.  Below find the article: EEOC issued guidelines in late 2004 on the employment of the mentally challenged. They reaffirmed their position that ADA protections extend to those perceived ...

Protecting debtors from failure to hire, promote or termination after filing bankruptcy

August 11, 2008 12:35

The stigma of filing bankruptcy has stopped many debtors who rightfully and propably necessarily need to file bankruptcy. The truth of the matter is that filing bankruptcy is a right granted to all Americans by Congress and as such, is a protected right. As a protected right, it is illegal to...

EMPLOYER’S CAN NOT DISCRIMINATE BASED UPON BANKRUPTCY FILINGS

July 08, 2008 16:23

Laws protecting debtors from employment discrimination, more specifically, failure to hire, promote or termination after filing bankruptcy, have been deemed illegal discrimination pursuant to both Federal and state law. No employer is allowed to terminate an employee or discriminate against said...

Employer’s can not force you to break the law

June 17, 2008 16:22

There is no clearly established public policy requiring employers to refrain from demanding that their adult employees work long hours, nor is any public policy directly served by employee’s refusal to work long hours. Upton v. JWP Businessland, 425 Mass. 756, 682 N.E.2d 1357 (1997In DeRose...

Employees who engage in sexual activity at work can still claim Sexual Harassment

May 28, 2008 23:31

A central issue that many Plaintiff’s face in bringing claims for sexual harassment in the workplace is whether they were actually offended. More specifically, when a Plaintiff has engaged in conduct at work that may be construed as sexual in nature, whether it be sending sexually explicit emails, ...

Teen Girls the subject of Sexual Harassment

May 04, 2008 14:40

The press as well as employment lawyers have significantly educated the American public as to the problem of sexual harassment in the workplace. Many adults were subject to sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which had the...

CASES THE EMPLOYER FAILED TO HIRE AN EMPLOYEE AS A RESULT OF NOT JOINING A UNION

April 03, 2008 14:06

Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities, for the purpose of collective bargaining or other mutual aid or protection. 29 U.S.C.A....

Can you be terminated just prior to vesting in your benefits?

April 02, 2008 14:53

The Court held that the covenant of good faith and fair dealing is violated when an employer terminates an at-will employee without good cause and deprives the employee of a clearly identifiable future compensation reflective of the employee’s past services. Fortune v. Nat’l Cash...

WHAT IS A FORMER EMPLOYER’S LIABILITY TO A WRONGFULLY TERMINATED EMPLOYEE?

March 19, 2008 13:48

The Superior Court judge correctly concluded that Beriont is properly considered an at-will employee since he failed to produce an employment agreement with a definite period of employment. Jackson v. Action for Boston Community Dev., Inc. 403 Mass. 8, 9 (1988). As a general principle, an employer...