Law & Daily Life - The FindLaw Life, Family and Workplace Law Blog

Recently in Employment Law Category

My Employer Stopped Paying Me, What Should I Do?

It's a pretty basic concept. You do the work, you get paid for it. In many cases, people don't even really do the work, and they still get paid. But what happens when you hold up your end of the bargain but your employer doesn't? Here are a few tips to keep in mind for what to do if your employer stopped paying you.

Do You Lose Your Pension If Fired?

Whether you resign or are fired, losing a job is never easy. And, it's not just the loss of income that can be difficult, but also the loss of benefits. For example, deputy FBI director Andrew McCabe was fired just two days before his retirement, which means he's no longer eligible to receive his full pension. Pensions and other benefits are generally terminated when you're fired, but there are certain rights that an employee has after his or her job has been terminated.

Hospital Avoids Racial Discrimination Claim With Religious Exception

People have a general right to work in a place that's free of discrimination, whether it's based on race, religion, gender, age, or disability. In the event that you feel you have become the victim of employment discrimination, you can usually file a claim with the government and/or file a civil lawsuit.

However, that doesn't mean that you'll always have a valid claim against your employer. Just ask Mark Penn, whose lawsuit against New York Methodist Hospital for religious and racial discrimination was recently dismissed by the Second Circuit.

Most of us work hard at our jobs, trying to get things done and make a positive impression on our bosses and colleagues. Many of us even work right through meals, skipping lunch to be more productive.

Part of that motivation comes from knowing that we could be fired for not doing our work. But can you also get fired for not taking a break from work?

If 2017 has taught us anything, it's that sexual harassment and even sexual assault in the workplace is rampant, across almost every industry and at almost every level of employment. Sadly, many instances of workplace harassment go unreported, meaning the problem is even more pervasive than we might have even thought.

There are many reasons for not reporting sexual harassment, from embarrassment to fear of retaliation, and some victims may not even realize that the behavior they experienced constitutes harassment. So here are three of the most common mistakes when it comes to responding to workplace sexual harassment, and how to avoid them:

While claims of harassment and assault against Harvey Weinstein are grabbing all the headlines, the explosion of #MeToo on Twitter and social media proves that sexual harassment exists across all employment and gender boundaries. Sexual harassment by anyone, at any job or even outside of work, is unacceptable, but many of us struggle with identifying sexual harassment when it happens and how to respond.

So here are some clues on spotting sexual harassment at work, and how to deal with it.

Losing a job ain't fun. Even losing a bunch of hours can be stressful. After all, you still have bills to pay, and last I checked your landlord, phone, and cable company don't adjust their rates based on your income.

That's why we have unemployment insurance. But what about underemployment or partial employment insurance? Can you get benefits if you have a job, but it's not allowing you to work or paying you enough? Here's a look.

'Every woman dreads getting period symptoms when they're not expecting them,' said Alisha Coleman, 'but I never thought I could be fired for it.' It's not a legal question often asked, but Coleman should know better than most. She was fired from a 911 call center in Georgia, allegedly after experiencing heavy menstrual symptoms related to the onset of menopause while at work.

With help from the American Civil Liberties Union, she is now suing her former employer, the Bobby Dodd Institute, for gender discrimination. "I don't want any woman to have to go through what I did," Coleman stated.

The majority of employment arrangements are at-will, meaning either the employer or employee can end the employment for whatever reason or no reason at all. But there are some reasons an employer can't use to fire you. For instance, you can't be fired for reporting workplace safety or wage and hour violations. You also can't be fired solely based upon your race, national origin, gender, or religion.

But what about your religious wear? We know that many employers have dress codes -- does that mean they can force you to remove a religious garment like a hijab, temple garment, or yarmulke?

You've probably seen it on a restaurant receipt if you've dined out in a large group: an automatic gratuity charge. Normally reserved for parties of eight or ten or more, the mandatory gratuity (or "forced tipping" for the less generous) is generally around 18 percent of the total bill and has become a staple in the restaurant industry.

And, according to a recent USA Today account, it's becoming more prevalent on cruise ships as well. But are automatic gratuity charges legal? And are those tips really going to crew members, "in recognition of their service?"