To have an employment discrimination claim, you must show that the illegal discrimination you are claiming led to an “adverse employment action.” This very specific language can be found in both federal and state law. It is also very commonly found in case law that addresses employment discrimination claims. But, what does it actually mean?…
Read MoreWrongful termination occurs when an employer fires you for an unlawful reason. Wrongful termination cases often occur because of illegal discrimination or illegal retaliation. This is different from a situation where you might disagree with the employer’s reasons for the termination, and there is no evidence of discrimination or retaliation. In those cases where the…
Read MoreFederal and state laws prohibit employers from taking “adverse employment action” against someone for being a member of a protected class. Protected classes are those who are considered “minorities.” Your age, sex, religion, race, creed, or skin color might put you in a protected class. Anti-discrimination laws do not protect employees from petty insults or…
Read MoreThere are a lot of reasons that someone could lose their job. Perhaps the company was downsizing, or you got in a fight with your boss. In general, most reasons given by the employer for termination do not create a wrongful termination, even if you do not agree with the decision, or the reasons or…
Read MoreTo have an employment discrimination claim, you must show that the discrimination you are claiming led to an “adverse employment action.” This very specific language can be found in both federal and state law. It is also commonly found in case law that addresses employment discrimination claims. But, what does it actually mean? What is…
Read MoreMost people realize that it is illegal for an employer to discriminate against you because of your actual disability. However, employees may not realize that it is also unlawful to discriminate because an employer thinks you have a disability, or that your condition makes you disabled, even if you do not have a disability or…
Read MoreHIPAA Rights in the Workplace and COVID-19 The Health Insurance Portability and Accountability Act (HIPAA) is a federal law that provides individual protections for everyone when it comes to their medical information. It requires that certain safeguards be used so that third parties cannot access your medical information. HIPAA’s protections extend to anyone that might…
Read MorePart II: More COVID-19 FAQs on Federal Employment Laws COVID-19 and employment is a hot topic today. A lot is going on, and the questions that the Goldman & Ehrlich team are receiving are good ones that should be addressed. In our second round of COVID-19 FAQs, we dive deeper into how COVID-19 is affecting…
Read MoreWhat Can an Employer Do in COVID-19? 4 Quick FAQs COVID-19 has changed the dynamic of employment for a lot of people. Both employers and employees will likely have many questions about how COVID-19 changes or affects their relationships, especially in light of other federal laws that are already in place. Below are some of…
Read MoreYour Rights as an Employee Under the Families First Coronavirus Response Act (FFCRA) The Families First Coronavirus Response Act (FFCRA) required certain employers to provide paid leave for employees under certain circumstances related to COVID-19. However, the requirement to provide paid leave under FFCRA expired on December 31, 2020. While some assumed that the provisions…
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