Can my employer legally retaliate against me even after I have been terminated? A recent decision by the Sixth Circuit Court of Appeals Says: No, Even Where the Text of Statute Itself is Silent on the Point.
NC Employment Law Blog
The economic and social impact of COVID-19 has been devastating to our global workforce. With unprecedented mass layoffs and furloughs, millions of people are at risk of losing their livelihoods and falling into extreme poverty because of employer bankruptcy. Upon notice of a company’s intention to file for bankruptcy, it is crucial to determine what options may be available to an employee wanting to protect their claims against their employer. Here are action steps to protect yourself when facing a layoff because of company bankruptcy.
Hazard Pay for Heroes: Advocating Increased Pay for Those on the Front Lines of the COVID-19 Pandemic
Healthcare workers and first responders are forced to report to work, day after day, to battle the life-threatening COVID-19 virus. Sadly, there is no legal requirement that their employers provide them with hazard pay, despite the grave dangers they continue to face. What is hazard pay and how can it impact the workers putting their lives on the line to help infected patients?
The Families First Coronavirus Relief Act (FFCRA) is a step in the right direction to help workers impacted by COVID-19, but it doesn’t do enough to assist all employees. More congressional action is needed to address the financial struggles left in the massive gaps of the FFCRA’s protections.
What can you do if you contract COVID-19 while on the job? Even though you can file a workers’ compensation claim, you still have to prove how you contracted the virus. Those who have a greater exposure at work are more likely to qualify for workers’ compensation benefits than those who have the same likelihood of contracting the virus as the general public.
COVID-19, also know as the CoronaVirus, is creating uncertain and unprecedented working conditions for employees. Workplaces are shutting down and temporarily laying off workers leaving many people with unanswered questions about their income and employment status. Many of these questions relate to the legality of situations. We’ve taken time to answer some frequently asked questions to ease your worrying during this troubling time.
Financial Struggles Due to COVID-19 Concerns? Unemployment Benefits May be Saving Grace for North Carolinians, But More Action is Needed
Given the recent pandemic due to COVID-19, many employees are concerned about their ability to earn an income if their workplace shuts its doors, or even if their hours are simply reduced – and rightfully so. Unfortunately, the law has some significant gaps when it comes to addressing such questions as these are unprecedented times that the law had not yet contemplated.
“Shifty” Employers Beware – inconsistent explanations for termination can prove discrimination even without “smoking gun”
The United States Supreme Court long ago realized that discrimination in the workplace occurs beneath the surface, as subtle as it is pernicious. How does a victim of discrimination prove the discrimination occurred when there is no smoking gun email or admission by an employer? The Supreme Court’s decision in McDonnell Douglas Corp. v. Green, […]
Employers increasingly use artificial intelligence (“AI”) hiring programs to weed out applicants. These programs are the beginning stages of automating the recruiting arm of human resources. Learn how AI recruiting software and using artificial intelligence in the hiring and selection process can discriminate against applicants in protected classes.
Unfortunately, determining whether is a worker is legally an employee or an independent contractor is not always easy. Different laws use different tests to determine whether a worker is an employee of an independent contractor. However, the tests have a few things in common. First, the worker’s agreement that he is an “independent contractor” rather […]
One of the most significant decisions a company makes about a worker is how to classify the worker. Is the worker an “independent contractor” or “subcontractor”? Or is the worker an “employee”? While these terms are often used interchangeably, the legal difference is significant. Generally speaking, employees have far more legal rights than independent contractors. […]
Most people who have to take a medical leave from work are under the impression that they are a “protected” employee and that their jobs are secure. But this is often not the case for many folks returning to work from paid leave.