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employment law - employees Archives

Discrimination over an employee's pregnancy

From religious discrimination to mistreatment based upon an employee's age, there are all sorts of ways in which discrimination takes place in workplaces across the country. Some employees and job applicants do not realize that other types of discrimination are against the law as well, such as discrimination based upon an employee's pregnancy. Someone who is pregnant may be turned down for a job in an unlawful manner, or they may be fired or subjected to unlawful discrimination while working for a company after their pregnancy became evident. Sadly, this can have a detrimental impact on an employee's state of mind and their future, in various ways.

Returning to work from FMLA leave

Few people in Charleston ever anticipate needing to take extended time away from work (other than perhaps a week or so for a vacation). Yet an accident or the sudden onset of an illness could require that one take weeks off to recover. Employees can take comfort in knowing that if they are forced to leave work for an extended period for medical or personal reasons, the Family and Medical Leave Act ensures that their employment will not end due to their absence (indeed, according to the U.S. Department of Labor, 13 percent of all eligible employees have taken such leave during the last 12 months). Yet will the same job be waiting for one when they return? 

A fine line between business needs and discrimination

All throughout the south and including in West Virginia, Walmart has long been a popular brand and store for area residents. One of the hallmarks of Walmart has been that it has provided many great employment opportunities for people at all levels. The strong employment history of Walmart includes providing ample jobs for people with disabilities. This, however, may be set to change and is causing some serious controversy for the mega-retailer.

EEOC charges W.Va. staffing agencies with abuse, discrimination

Federal laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act are in place to ensure that all American workers have the opportunity to work in a safe, humane environment for a fair wage. The Equal Opportunity Employment Commission recently brought a lawsuit against four West Virginia-based staffing agencies, accusing them violating these federal regulations by subjecting Latino workers that they recruited to work in an Alabama poultry processing plant to abusive and discriminatory treatment.

What events qualify for leave under the FMLA?

For people who work in West Virginia, it is important to understand what protections are available to them by law to allow them to take care of family matters without the fear of losing their jobs. The Family and Medical Leave Act is a federal law that outlines the provisions for time away from one's job due to qualifying life events. Integral to this law is that the employee is guaranteed to return to a position of equal status and pay upon completion of their leave time.

Are you an at-will employee?

You go to work in Charleston every day confident that you the only way you could lose your job would be if you give your employer a reason to fire. So if you are approached out-of-the-blue with news that you are fired, your confusion is understandable. Can an employer really fire its employees for no good reason? Surprisingly, the answer to that question is yes, thanks to the at-will employment doctrine. 

Should I date a co-worker?

It’s not uncommon for people to spend a majority of their day at their place of work. As a result, it can be easy to enter into workplace romances, which can have a detrimental effect on a person’s career or even lead to sexual harassment claims. While it’s not legally forbidden to date a co-worker, Forbes recommends keeping the following points in mind before moving forward.

Standing firm against religious discrimination

Employees experience mistreatment for many different reasons while they are working, whether they are discriminated against due to their gender or because of some other factor that is related to the way in which they were born. These unlawful examples of discrimination are unacceptable and there are other ways in which people experience discrimination while trying to carry out their job duties. For example, someone may be discriminated against as a result of their faith and it is also important to address religious discrimination whenever it takes place. Sadly, many people have been through this firsthand and it can be incredibly challenging.

Defending the rights of minimum wage workers

Sometimes, when people hear of an employment law case, it involves employees with a sizeable salary or high-profile position. However, the rights of all workers deserve to be respected, regardless of how much they earn or the industry they are employed in. Unfortunately, some minimum wage workers' rights are violated and many may feel as if they are voiceless or they have no legal options. Moreover, some may not be aware of their legal rights and they may fail to take action against an employer who has completely disregarded their rights.

What are the employment restrictions for 16-year-olds?

If you are the parent of a 16-year-old in Virginia, the chances are good your child is ready to find a job and enter the workforce. As your child embarks upon this next step in life, you should understand the restrictions put in place by labor laws. The government wants to ensure your child is safe in the work environment and that your child is able to still attend school and handle school responsibilities in addition to working.

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The Grubb Law Group

The Grubb Law Group
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