Holman Schiavone, LLC

Wrongful Termination Archives

Have you been wrongfully terminated?

Wrongful termination is the termination of an employee's contract that violates the contract itself or employment laws. The contract is crucial in determining whether the employee has been wrongfully terminated. In case no contract was signed, the dismissal can still be deemed as unjust because of the existence of an employment relationship.

An Overview of the Family and Medical Leave Act

The Family and Medical Leave Act ("Act") was passed over two decades ago, and it is still relatively misunderstood. The purpose of the Act was to give workers the flexibility to care for a sick loved one without fear of losing their job. It is still a difficult dispute to overcome as employers still hold the majority of the power in an employee-employee relationship. There are many questions and concerns that employees have, to this day, concerning FMLA (Family and Medical Leave Act)

Racial Discrimination in the Workplace by the Numbers

The Equal Employment Opportunity Commission (or “EEOC”) is charged with investigating and preventing instances of workplace discrimination. It is a wide mandate that covers a variety of discrimination types including: racial, national origin, color, sex, religion, age and disability. Workers may file an anonymous complaint and the EEOC will follow-up and investigate to see if there is any merit. If they find merit with the claim, then they prosecute and levy a fine against the employer.

Employment Agreements as a Shield Against Termination

Not every person who is fired was wrongfully terminated. In most cases, your boss can fire you just about any reason that he or she wants. There are a few exceptions for example; an employer is prohibited from firing someone based upon their gender, family status, age or ethnicity. Additionally, employers cannot fire people who report them for breaking the law or other whistleblower protections. But other than those few examples, most firings are perfectly legal (even if not justified).

OSHA expands retaliation protection for food workers

Earlier this month, the Occupational Safety and Health Administration released new rules that protect employees under the FDA's Food Safety Modernization Act. There is always a tension between what you want to do to help your boss or your job and what you think you should do to protect the public. Food safety is one of those industries that are woefully under-appreciated. Every worker is critical in making sure that the food supply is safe for consumption. This article will go over those expanded protections and how they may shield you from being unlawfully fired.

Reporting work injuries is shielded by whistleblower protections

The Occupational Safety and Health Administration investigate companies to ensure that they respect workers' rights. Among those protections is the right to report injuries and work hazards. This is critical to improve safety and reduce injuries. This article will go over how OSHA investigates may help you and what they can do for you.

Some tips on what to do after you lose a job pt. 2

Jobs serve as outside validation of self-worth. You are valued by your salary, wage, tips and bonuses. So, understandably, people tend to entwine their identities with their jobs. This is good because it motivates people to work harder but it is also bad because if you lose your job, it can be really traumatic. But you don't have time to mourn or find your inner worth; you have to take control because unemployment does not have to consume your life.

Some tips on what to do after you lose a job pt. 1

Losing a job is hard for everyone. The blow to your ego shakes your confidence then dread for the future sets in as you wonder how you will support yourself and your family. This turmoil is expected and but you cannot let it consume you. Losing a job is terrible, but it does not have to be the be-all and end-all. You can move passed it. This article will go over some of the tips on what you should do after losing a job.

Woman allegedly fired for reporting sexual harassment

It is probably safe to assume that every boss in America knows you can't fire someone for reporting sexual harassment. But every now and then the news reports on an alleged incident in which an employer forgets that very important fact. A woman in North Carolina was fired from her job as a waitress after she reported that a manager groped her while she was on the job.

Do you have a right to privacy against your employer?

The right to privacy is a complicated piece of law. Most people assume that privacy is an inalienable right, like free speech or freedom of religion, but it is not. The right to privacy is much more circumspect, and it is severely curtailed when it concerns your employer. Generally, your employer is entitled to search any area that he or she owns.