People say it to me all the time. They say, “I know it, but I can’t prove it.” Or, “How are you going to prove it?” How do you prove an employer’s illegal intent to discriminate? How do you prove harassment? How do you find enough evidence of wage-hour violations to win? In short, I …
I recently wrote about whether or not people who work are truly management for purposes of determining overtime qualification or exemption. It boils down to this: If you’re really a manager and on salary, you’re exempt from overtime. If you’re not really a manager, no matter what they call you, and you’re hourly, you’re entitled …
People sometimes call me while they are still employed. They’re being harassed, and they don’t know what to do about it. Or, they think termination is looming: it’s just a matter of time. They don’t know if they might get fired, but they’re upset. Or, they’re sure they have unpaid wages coming to them, but …
Discharge from employment, “getting fired”, can be really traumatic. And bewildering. The initial shock leaves you reeling. The sense of betrayal by people you thought were loyal friends hurts. The worry about what will happen to you and yours keeps you up at night. Clear your head. Take it one step at a time. Step …
Insubordination. Work now, grieve later. Wrongful termination. What do these mean? I confess, I’ve long struggled with “insubordination”. Though giving and taking orders is foundational for harmony on the job, it’s that has marked progress through the years. Where would we be if the heroes of the past had only done what they were told? …
Hourly. Salary. Independent contractor. Gig worker in the sharing economy. In the decentralized, subcontracted work world, who’s responsible for paying you what the law requires? Is it the customer? Is the contractor you report to? Is it the big business above them? All or none of the above? Our federal and state labor laws about …
We usually say that an employer may fire an employee for “good reason, bad reason, or no reason at all.” This is a downer.
