shegerianlaw's Blog
Moving Forward with Whistle Blowing
In many cases, whistle blowing can take place without an employee being terminated. A worker is able to disclose unlawful acts to a government agency, media or the employer's senior management in a private manner.
Rush University Medical Center
This hospital is part of a major whistle blowing case that involves putting the lives of many patients at risk. The employer is accused of allowing resident doctors to perform surgeries without the supervision of…
August 05, 2010
11:00 AM
Views: 313
Retaliation Is Illegal!
Retaliation can take place in a number of ways. For instance, an employer can wrongfully discharge an employee, create a hostile workplace, or even subject them to demotion.
A worker has the right to keep their job after disclosing the negative actions that are transpiring in the work environment. If an employer violates these protections, they can be sanctioned and fined. In addition, an employee can receive a damages award for any undue retaliation that has…
August 05, 2010
10:58 AM
Views: 380
Whistle Blow Retaliation Is Against the Law!
Many employees find it necessary to whistle blow in order to stop a company from continuing their illegal activity, especially when it involves public health. When an employee decides to whistle blow, an employer is prohibited from taking retaliatory action. Below is a recent case in Tennessee in which a worker was brave enough to step forward about the illegal actions that his employer was taking.
Doug Hamill is suing his former employer…
August 05, 2010
10:56 AM
Views: 324
FMLA Violations -- Fight Back!
FMLA violations violate federal statutes -- The Family and Medical Leave Act of 1990 allows an employee to take time off from work to take care of themselves or a family member for up to 12 weeks. FMLA violations can occur when an employer refuses to permit an employee to take the unpaid leave of absence.
Court Case in Progress
An ex- firefighter, Michael Cunningham, is suing his Kentucky-based fire department for wrongful termination due to his request to take…
August 05, 2010
10:54 AM
Views: 334
Wrongful Termination Can Happen Anywhere
Wrongful termination can occur when an employer discharges an employee for unlawful reasons. Some of the most common incidents of wrongful termination include discrimination, breach of contract and disparate treatment.
While many people think that these types of employment matters only transpire in private occupations, it can also occur in public or government positions. One such example is a recent case involving the SEC and a formerly employed…
August 05, 2010
10:52 AM
Views: 296
Whistle Blowing Can Lead to Retaliatory Acts!
Coastside Scavenger, a well-known trash collecting company in Pacifica, California, is now facing a whistle blowing retaliation claim. A former employee, Jose Castellanos, is alleging that he was fired due to his association with his employee-sons that were making whistle blowing allegations. Castellanos dedicated 37 years of his life to the company, but was terminated approximately 1 year after his sons were.
Castellanos' sons teamed up with two…
August 05, 2010
10:50 AM
Views: 595
Former Employee Sues for Unfair Treatment
Employers are required to treat their employees fairly and must abide by all government statutes. When an employer is guilty of unfair treatment, an employee can file a formal complaint with a labor agency to have them sanctioned and fined. In addition, an employee may be eligible for a damages award.
Unfair treatment comes in many different forms, the most common being discrimination. Under California employment laws, an employer cannot discriminate…
July 14, 2010
9:59 AM
Views: 1108
Hollywood to Pay for Pregnancy Discrimination Suit!
Overview
Pregnancy discrimination is a common form of employee rights violation. Under Title VII provisions, an employee should not be treated differently because of their gender. Since pregnancy discrimination is a condition that is associated with being a female, violations can be considered to be a type of sexual harassment.
LucasFilm Ltd. Lawsuit
In recent news, a California court awarded a female employee $113,800 for pregnancy…
July 14, 2010
9:56 AM
Views: 302
One state will often set a legal precedence for other states to follow. Domestic workers have recently been the subject of an initiative led by lawmakers to provide several employee rights in the state of New York. There are approximately 260,000 domestic workers in the state.
Under the proposed laws, domestic workers will receive guaranteed overtime pay, guaranteed time off and sexual harassment rights. The bill is currently under final approval and will be the first of its kind in the…
July 14, 2010
9:41 AM
Views: 267
Bank of America Sued for Nonpayment of Overtime
Overtime pay is a mandated employment benefit for working over 40 hours in a week. Employees have the right to be paid for going beyond their job duties, which is 1.5x their normal rate of pay.
In the state of California, employees can earn double their normal rate for working over 12 hours in one day and 1.5x for working more than 8 hours in a day. In addition to the overtime pay benefits, the state also provides workers with a meal break and…
May 20, 2010
11:54 AM
Views: 334