Holman Schiavone, LLC Blog

What are the laws of pre-employment sexual harassment?

On behalf of Holman Schiavone, LLC on Thursday, June 25, 2020.

While it's common knowledge that all employees are protected from discrimination, sexual harassment and non-sexual harassment in the workplace, many do not realize that those who are applying for jobs are also protected from this type of mistreatment.

If you are a job seeker and you believe that you may have experienced sexual harassment during the job application process, you should take the time to understand the laws federally and in Missouri. By doing so, you'll be able to confidently take legal action if necessary and successfully gain the damages that you are entitled to. The following is an overview of what you need to know regarding pre-employment sexual harassment laws.

Religious discrimination and job interviews

On behalf of Holman Schiavone, LLC on Thursday, June 25, 2020.

Job interviews can be stressful. Whether they take place over the phone or in person, you'll want to do whatever you can to make the best impression. It's likely that you have put careful thought into how you dress yourself and the way that you present your character, but you know that ultimately you'll need to show that you are the best person for the job.

Therefore, you'll expect that the questions you'll be asked in the job interview will be directly related to your competency regarding the job vacancy. However, if the interviewer asks you more personal questions that have no relation to your ability to perform the job itself, you may grow uncomfortable. If you receive questions pertaining to your religion or topics of religion are unnecessarily discussed, you would be wise to consider whether the person interviewing you is engaging in religious discrimination. The following is an overview of the types of religious discrimination that could occur in a job interview.

What does data suggest about workplace fairness?

On behalf of Holman Schiavone, LLC posted in Workplace Discrimination on Thursday, June 4, 2020.

When you looked for your last job, you probably considered factors such as the amount of money you could earn, the average commute time and the possibility to advance within the organization. Walking into your interview, you were prepared to ask questions about the business leadership's vision and last quarter's results.

Once you started working, it probably took some time to determine whether the company culture was one of respect, dignity and fairness. If your employer released you from their employ after performing your duties to the best of your abilities, you may want to know whether they acted legally. Like more than one million other members of the workforce, discrimination may have been a deciding factor in your job loss.

What is cyberbullying and how can it be stopped?

On behalf of Holman Schiavone, LLC on Wednesday, June 3, 2020.

Bullying is a serious problem for students, but not all adults see cyberbullying as an issue. For certain children, the online bullying is worse than if it happened in person. This is because some bullies will use harsher methods virtually than what they would if they were in person.

Cyberbullying can lead to traumatic experiences for the children who are victimized by it. In some cases, they won't know who the bully is so they might not say anything about what's going on. This makes it much more difficult to figure out who's behind it and how to stop it.

What wages are hourly employees due in Missouri?

On behalf of Holman Schiavone, LLC on Monday, June 1, 2020.

Workers in Missouri should expect that they will be paid appropriately by their employers. Laws are in place to help protect their ability to do this. As of 2020, the federal minimum wage is set at $7.25 per hour for employees who aren't exempt. Individuals employed in this state have a slightly different minimum wage.

Labor laws note that state minimum wage requirements are the ones that must be followed if they are greater than the federal minimum wage. At no time can any employer pay an employee less than the federal minimum wage. Understanding a few points about Missouri wage laws can help employees to ensure they're getting what they're due.

Hernia mesh complications can lead to fatalities

On behalf of Holman Schiavone, LLC on Thursday, May 28, 2020.

When you were struggling with a hernia, you thought you had no choice but to go through surgery. You had a surgical hernia mesh implanted, and that helped for a long time. Unfortunately, there were complications that developed later on.

Hernia mesh complications can be devastating and lead to significant pain and infection. Without treatment, some complications could be fatal.

Understanding national origin discrimination in the workplace

On behalf of Holman Schiavone, LLC on Wednesday, May 27, 2020.

All employees have a right to be treated fairly in the workplace. They should be judged only on their competencies regarding their ability to do the job that they have been hired to do, rather than any other irrelevant factor.

Therefore, a person's gender, sexual orientation, race, religion, national origin or disabilities should never be factors when an employer makes the decision to hire or fire someone. The following is an overview of your protections from national origin discrimination as an employee or a prospective employee.

What are the most common types of religious discrimination?

On behalf of Holman Schiavone, LLC on Tuesday, May 26, 2020.

It's illegal for workers in the United States to be discriminated against because of their religion. Freedom of religion means that you have the right to be able to practice your personal religious beliefs without having to suffer discrimination or harassment in the workplace.

Whether you have a specific religious belief or no religion at all, you are protected by these anti-discrimination laws. If you believe that you have been discriminated against in the workplace due to the religion that you have or are perceived to have, it is important that you fully understand the law so that you can take the appropriate action.

What should you tell a child who is getting bullied?

On behalf of Holman Schiavone, LLC on Saturday, May 23, 2020.

Your son or daughter comes home from school, and you can tell that something is wrong. Maybe it looks like they've been crying. Maybe they're just withdrawn and quiet. You ask them what happened, and eventually you find out that other students have been bullying them.

You may not know exactly what to say, but, without putting too much pressure on you, you should know that your choice of action is incredibly important. Experts even say that the response of a parent is crucial to the recovery of the child. To help you get started, here are a few things to keep in mind:

Fighting workplace retaliation due to family or medical leave

On behalf of Holman Schiavone, LLC on Friday, May 22, 2020.

Many workers are eligible to take job-protected leave in a number of circumstances. This is because the Family and Medical Leave Act (FMLA) guarantees eligible employees up to 12 weeks of unpaid leave each year for certain reasons, without the threat of job loss.

If you have recently taken FMLA leave but have been demoted, fired or otherwise negatively treated by your employer, you may have reason to believe that they have retaliated against you. This may be the case, and you may also be able to take legal action to claim damages as a result. Before doing so, however, you should consider the following.