A transgender woman’s wrongful termination case is among three cases that the U.S. Supreme Court has agreed to hear to tackle the question of whether federal anti-discrimination laws, specifically Title VII of the Civil Rights Act of 1964, applies to employees based on gender identity or sexual orientation. The details of the wrongful termination case… Read More »
Restricting Non Compete Agreements for Hourly Workers
The Freedom to Compete Act seeks to prevent employers from forcing hourly workers to sign non-compete agreements, which make it next to impossible to switch jobs in hopes of earning a higher wage. More than 10 percent of workers who earn less than $40,000 annually are locked into a non-compete agreements nationwide, stifling their ability… Read More »
Employer Retaliation Wrongful Termination
Repetitive stress injuries such as carpal tunnel syndrome, a back injury, or other conditions that result from performing the duties of a job sometimes require medical attention and days off from work to resolve the injury. Unfortunately, an employee may experience retaliation including wrongful termination when they file a workers’ compensation claim to take care… Read More »
Pregnancy Discrimination and FMLA Violations in the Workplace
An employee who claimed she was fired after becoming pregnant has settled her claim with Humana Inc. to the tune of $500K plus $250K in attorney fees. This, after a U.S. District judge in New Jersey entered a judgement in favor of the plaintiff who sued her former employer and its parent company, Humana Inc.,… Read More »
When Denied FMLA is the Employer’s Problem – 5 Common Mistakes
FMLA Interference Claims If you have been denied FMLA, you may have a claim for interference. Whether the employer intended to deny FMLA or not, they may still be liable for an FMLA interference claim if you can prove that you are indeed entitled to the FMLA benefit denied. The onus is on the employer… Read More »
Fired After Taking Drug and Alcohol Test
If you have been fired due to a positive drug or alcohol test, you may feel that your legal rights were violated. Although generally speaking an Iowa employer has the right to test an employee for substance abuse, they also have certain responsibilities they must fulfill prior to administering a drug or alcohol test. What… Read More »
Can My Iowa Employer Test Me for Drugs and Alcohol?
If you have been fired from your job because you failed a drug or alcohol test, you may wonder if there is any legal recourse. It is helpful to start by considering what rights your Iowa employer has to test employees for drugs and alcohol. In Iowa, private sector employers have the option to test… Read More »
Quad Cities Non Compete Lawyer
When employees are hired by a company, the first day may include going through and signing off on a multitude of paperwork, including a non-compete agreement that they did not expect. In fact, many new hires often complain that they were not made aware of the requirement for a non-compete during the hiring process and… Read More »
Employee Rights Under Family Medical Leave Act (FMLA)
My doctor has recommended that I take two to three weeks off following an upcoming surgery. My employer says he will not approve the time off. Do I have any rights under the Family and Medical Leave Act? Assuming an employee was not injured at work, which would likely fall under workers’ compensation, and, that… Read More »
Safety Issues at Your Company? Whistle Blowers Protected Against Employer Retaliation
Under section 11(c) of the OSH Act of 1970, employees are protected from retaliation for raising workplace health and safety concerns and reporting work-related injuries and illnesses. When an employee files a whistle blower complaint, they cannot be subjected to unfavorable employment actions, which might include employment termination, demotion, denying overtime or promotion, intimidation and… Read More »