Rights to Leave for Pregnant Employees

Rights to Leave for Pregnant Employees

Pregnant employees who work for larger employers are entitled to time off for pregnancy, childbirth, and bonding with a new child under the federal Family and Medical Leave Act (FMLA).

The FMLA requires employers with 50 or more employees to provide eligible employees with up to 12 weeks of unpaid time off for the following purposes:

for prenatal care
while unable to work due to pregnancy
for a serious health condition following childbirth, and
to bond with a new child.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Reasonable Accommodation for Pregnant Employees

Reasonable Accommodation for Pregnant Employees

Unlike other federal laws, such as those protecting employees with disabilities, the PDA does not impose an affirmative duty on employers to accommodate pregnant employees.

Instead, employers must provide reasonable accommodations to pregnant employees only such accommodations are provided to other employees who are temporarily limited in their ability to work.

For example, if your employer offers light-duty work to employees with broken bones or other temporary ailments, it may also be required to offer light duty to pregnant employees with medical restrictions. On the other hand, if your employer doesn’t offer accommodations to any employees, it won’t be required to give you a flexible schedule or light-duty work under the PDA.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Pregnancy Discrimination Laws

Pregnancy Discrimination Laws

Pregnant employees are entitled to various protections under federal and state law, including the right not to be discriminated against, and in certain circumstances, the right to reasonable accommodation and time off from work.

While federal law sets the minimum requirements that employers in all states must follow, states are free to create laws that are more protective of pregnant employees.

Many states have done so, with some laws applying to a wider set of employers or providing greater accommodation or leave rights.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Wrongfully Terminated for Being Pregnant

Wrongfully Terminated for Being Pregnant

If you were fired because of your pregnancy or plans to get pregnant, you may have a wrongful termination case against your employer.

Most employers may not discriminate against employees for being pregnant, deny them leave they are entitled to under federal or state law, or refuse to provide reasonable accommodations when required to do so.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Whistle-Blowing Violations at Work

Businessman blowing whistle

Whistle-blowing laws protect employees who report activities that are unlawful or harm the public interest.

Some states protect whistle-blowers who complain that their employer broke any law, regulation, or ordinance at all. Other states give employees whistle-blower protection only when they report that their employer broke certain laws, such as environmental regulations or labor laws.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

What’s Considered Fraud at Work?

What's Considered Fraud at Work

In extreme cases, an employer’s actions when firing a worker are so devious and wrong that they rise to the level of fraud. Fraud is commonly found in the recruiting process (where promises are made and broken) or in the final stages of employment (such as when an employee is induced to resign).

To prove that your job loss came about through fraud, you must show all of the following:

  • your employer made a false representation
  • someone in charge knew of the false representation
  • your employer intended to deceive you (or tried to induce you to rely on the representation)
  • you actually did rely on the representation, and
  • you were harmed in some way by your reliance on the representation.

The hardest part of proving fraud is showing that the employer acted badly on purpose, in an intentional effort to trick you. That requires good documentation of how, when, to whom, and by what means the false representations were made.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Breaches of Good Faith and Fair Dealing at Work

breachesofgoodfaithandfairdealingatwork

If your employer acted unfairly, you may have a claim for a breach of a duty of good faith and fair dealing. Courts have found that employers breached the duty of good faith and fair dealing by:

firing or transferring employees to prevent them from collecting sales commissions
misleading employees about their chances for promotions and wage increases
fabricating reasons for firing an employee when the real motivation is to replace that employee with someone who will work for lower pay
soft-pedaling the bad aspects of a particular job, such as the need to travel through dangerous neighborhoods late at night, and
repeatedly transferring an employee to remote, dangerous, or otherwise undesirable assignments to coerce the employee into quitting without collecting severance pay or other benefits that would normally be due.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Wrongful Termination – Was Your Firing Illegal?

wrongful termination - was your firing illegal

If you’ve been fired from your job, how do you know if the termination was legal or illegal (called “wrongful termination”)?

Most employment is “at will,” which means an employee may be fired at any time and for any reason or for no reason at all (as long as the reason is not illegal). But there are some important exceptions to the at-will rule—and legal remedies—that may help you keep your job or sue your former employer for wrongful termination.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Damages Available for Retaliation and Whistleblowing Claims – Part II

damages available for retaliation and whistleblowing claims - part ii

In some cases, you might also be entitled to damages for “pain and suffering,” for the emotional and physical harm caused by your employer’s actions. Punitive damages, intended to punish your employer for particularly egregious misconduct, may also be available.

And, in some whistleblower cases, you might be eligible for a fee or bounty for protecting the public from wrongdoing. (This might be a set amount per violation, a percentage of the total sanction against the employer, or some other amount determined by the statute or the court.)

Your lawyer can explain how much you might expect to win in your case.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

Damages Available for Retaliation and Whistleblowing Claims – Part I

damages available for retaliation and whistleblowing claims - part i

How much you might collect if you win a retaliation or whistleblowing case depends on the basis and strength of your claims.

For most wrongful termination cases, a winning employee can ask for:

back pay: wages and benefits you lost as a result of being wrongfully fired
reinstatement or front pay: you can ask the court to give you back your job or, if that’s not feasible, to award you the wages you will lose going forward until you find a new job
out-of-pocket losses: any expenses you had to pay as a result of being fired, such as the cost of searching for a new job, and
attorneys’ fees and court costs.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com