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employment law - employees Archives

What types of religious accommodations should your employer make?

Most every worker in the United States is entitled to protections in the workplace under Title VII of the Civil Rights Act of 1964. One right employees are entitled to are accommodations for their religious practices or beliefs. The way religion is defined and what's considered as reasonable religious accommodations may surprise you.

What exactly constitutes a hostile work environment?

If your boss isn't very good at handling rejection and he lashes out on you verbally every time something goes wrong then you may think that your work in a toxic workplace. You may even wonder if your workplace would meet the legal definition of a hostile work environment. It might.

What constitutes national origin discrimination?

If you ever stop to read the Equal Employment Opportunity Commission (EEOC) and other disclosures at the bottom of a job vacancy, application or another employment document, you'll likely notice that it mentions different grounds on which employers are prohibited from discriminating against prospective or existing employees. National origin is one category listed. Discrimination on these grounds can take on many different forms.

Grounds on which West Virginia employers can't fire their workers

West Virginia is an at-will employment state. This is generally taken to mean that most employers aren't under any contractual obligation to their workers. Most companies think that this gives them the ability to let their employees go anytime without providing any valid reason for doing so. Employers are limited in their ability to terminate an employee in certain instances by state and federal laws though.

What exactly is pregnancy discrimination?

Discriminating against a worker simply on the basis that they're pregnant, have recently given birth or on any other related grounds is illegal under federal law. Any woman in West Virginia that is treated in a way that violates the Pregnancy Discrimination Act (PDA), which forms part of Title VII of the Civil Rights Act of 1964.

How can you tell if you're being misclassified as a worker?

Workers are classified as either exempt or non-exempt employees under the Fair Labor Standards Act (FLSA). The majority of employees in West Virginia and elsewhere in this country are considered to be non-exempt employees. They're entitled to be paid minimum wages for the first 40 hours that they work. Workers should be paid overtime for any time put in beyond that. Sadly many employers intentionally misclassify workers. This results in employees not receiving the benefits that they deserve.

Worker alleges wrongful termination stemming from complaints

While there is significant importance focused on adequate training for workers in West Virginia and properly educating them to adhere to company protocols, employees also have rights that should be honored. Among those rights is the ability to maintain a job free of judgment or wrongful treatment based on background, race, religion or sexual orientation. 

Detailing shift differential pay

Most in Charleston view the average workday as being from 9 to 5. While many working professionals do indeed follow this schedule, several others show up for night, swing and graveyard shifts. Indeed, according to information shared by the American Psychological Association, roughly 15 million Americans work odd hours.

What are your workplace rights as a new mother?

One of the more common reasons people in Charleston seek medical leave is to accommodate the birth of a child. Your time on maternity leave gives you the perfect opportunity to bond with your new baby. Going back to work after welcoming such a bundle of joy into your life can be difficult (and not simply due to you being separated from your new baby for several hours every workday). As a new mother, your body acclimates to providing your newborn with needed sustenance, and as you know, that does not stop simply because you have to go back to work

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The Grubb Law Group

The Grubb Law Group
1114 Kanawha Boulevard East
Charleston, WV 25301

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