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Safeguarding Your Rights In The Workplace

Terrence Bouvier Robinson

employment law Archives

I Hate My Job, Should I Just Resign?

Often, due to discrimination, harassment or other unfair treatment, employees feel like they simply want to walk away from their job and the difficult situation in which they find themselves. While it's true there may be times when a work environment is so toxic that quitting may be the only option, it is important to understand the legal ramifications of a decision to simply resign. Resigning your employment can affect (1) your right to unemployment benefits, (2) your right to seek damages in the form of lost wages due to discrimination, unlawful harassment or other legally prohibited treatment, and (3) frankly, your ability to find new employment. Before you quit - consult your local employment law specialist!

What are your rights to FMLA leave?

Sometimes unexpected issues come up that change our schedules and our lives. The Family and Medical Leave Act (FMLA) allows people to take long absences from work for family or medical reasons. FMLA leave can be taken for up to 12 weeks and ensures that an equivalent position is still open to the employee when they return.

Should you complain if you think you're being discriminated against on the job

Many times I have met with clients who felt like they were being harassed or discriminated against in the workplace long before coming to see me. However, they failed to complain to their employers for fear that they would suffer retaliation or even termination if they complained. They felt that it was either better to try to handle it themselves or just ignore it and hope it passed. Ultimately, the harassment and discrimination just increased or the harasser found a way to have them terminated anyway.

Chipotle hit with $550,000 jury verdict for pregnancy discrimination

On August 5, 2016, a federal jury in Washington D.C., awarded Doris Garcia Hernandez, a former Chipotle employee, $550,000 for suffering discrimination by her employer. The facts of the case are as follows: after Ms. Hernandez informed her manager of her pregnancy, her manager failed to provide reasonable accommodations and in fact made her life at work very difficult. For instance, Ms. Hernandez's manager did not allow her to take restroom and water breaks as necessary. When Ms. Hernandez had to leave work early to attend a prenatal doctor appointment, her manager terminated her.

How will the new overtime rule affect U.S. workers?

An honest day's pay for an honest day's work. This basic premise is addressed in the Fair Labor Standards Act of 1938 which outlines rules for how employers must compensate workers. While the FLSA provides clear guidelines with regard to overtime laws, today millions of U.S. workers routinely work hours for which they are not compensated.

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