I’m being denied a promotion because I don’t have a college degree. Can my boss do that? Under employment law, there are a number of cases where education can legally be used to deny a promotion. ‘Minimum job requirements’ is one. → Read More
My previous employer is giving me nasty references. What can I do? When you leave a job or are fired, your previous employer may generally disclose any information about your past performance as long as the information is true. Your previous employer cannot, however, make statements that are false or defamatory. If this happens, you may be able to file a lawsuit for defamation of character. → Read More
If my boss recorded false statements in my personnel file, is this libel? If the offending material reflected only opinions, it would not be libelous. A statement such as “this employee is not ready for promotion” reflects the supervisor’s opinion only. → Read More
Can my employer prevent me from having a second job? Although it may not seem fair, your employer may have the authority to prevent you from having a second job. This authority may be enforced through an express contract or an implied contract. You can determine the extent to which you are restricted from having a second job by examining the type of contract you have with your employer. → Read More
Do I have to repay an overpayment of unemployment benefits? If you were paid unemployment benefits to which you were not entitled, then, you are’liable’ for the overpayment.If accepting the overpayment was innocent on your part’e.g. you did nothing to cause it to happen, and also did not previously realize it was an overpayment’then you should not be liable for anything other than the return of the money. → Read More
Unemployment Benefits After Moving Out of State If you are receiving unemployment insurance benefit payments when you move out of state, you may still receive unemployment payments from the state that awarded the benefit. A worker’s eligibility, amount and duration of unemployment benefit payments, and disqualifications will be determined by the state where wages were paid and earned. → Read More
Is an employer liable for quid pro quo sexual harassment? Quid pro quo harassment is a specific form of sexual harassment that occurs wherein the conditions of a workers job are directly affected by his or her willingness to engage in sexual activity. For example, if your boss tells you that you will get a promotion if you sleep with him or her, this could be an example of quid pro quo harassment. Whether or not the employer is actually going to be liable for quid pro quo sexual harassment will depend on a number of factors. → Read More
Can I sue my employer for giving a co-worker preferential treatment in exchange for sexual favors? You can sue your employer for preferential treatment to another worker for sexual favors and for creating a hostile work environment. When you file the civil lawsuit, name the company and offending individuals. This may allow you to recover damages from two entities instead of one in the civil case. → Read More
Do state and federal harassment laws apply to all employers and employees? Title VII of the Civil Rights Act of 1964, which is a United States federal employment law designed to protect employees against sexual harassment in the workplace, does not protect all employees, and it does not cover all employers. The exceptions occur based on the fact that Title VII only applies to businesses that employ fifteen or more people. → Read More
Can I be fired by my employer for filing bankruptcy? While bankruptcy may be an improper reason to fire someone, your employer could potentially take action and fire you and simply claim that the bankruptcy had nothing to do with it and that he was firing you for unrelated reasons. → Read More
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