Nelson Law GroupNelson Law Group2024-02-23T04:07:07Zhttps://www.rnelsonlawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1103520/2023/12/cropped-nelson-site-icon-32x32.jpgOn Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=496302024-02-21T04:07:16Z2024-02-23T04:07:07ZEligibility for FMLA leave
To qualify for leave under the Family Medical Leave Act, employees must work for a covered employer. This includes private-sector employers with 50 or more employees, public agencies and public or private elementary or secondary schools. Additionally, employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours during the previous 12 months.
Protected leave reasons
FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. These reasons include:
Birth and care of a newborn child
Adoption or foster care placement of a child
Care for a spouse, child or parent with a serious health condition
A serious health condition that makes the employee unable to perform their job duties
A covered employer cannot deny a worker's request for FMLA leave if they meet the eligibility criteria.
Job protection and benefits continuation
One of the key provisions of FMLA is job protection. Upon returning from FMLA leave, eligible employees will return to their original position or an equivalent one with equivalent pay, benefits and other terms of employment. Additionally, employers must continue to provide health insurance coverage to employees on FMLA leave under the same terms as if they had continued working.
Impact on employees
FMLA provides essential protections for employees facing significant life events or health challenges. It allows them to take necessary time off from work without fear of losing their job or health insurance coverage. This ensures that employees can prioritize their health and the well-being of their families without sacrificing their livelihoods.
The Family Medical Leave Act ultimately affects an employee's rights and work-life balance. By understanding its provisions and requirements, employees can effectively utilize FMLA leave to address family and medical needs without jeopardizing their employment status.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=496322024-02-22T01:37:23Z2024-02-22T01:37:23ZTip 1. Understand the thinking behind the firing
The first step in fighting wrongful termination is to know the mindset leading to your employer's action. Ask for a letter explaining the discharge. This document can provide valuable insight and help identify whether there are any inconsistencies or illegal motives.
Tip 2. Gather evidence
Having proof is fundamental to a strong case. Save all relevant emails, messages, memos and other forms of communication. If you have a copy of your employment contract or company policies, especially those relating to termination procedures, keep them safe. Additionally, note the names and contact information of coworkers who can support your claims.
Tip 3. Document your job performance
Gather performance reviews, awards or commendations from your time within the organization. Positive feedback can counter any claims by the employer that the loss of your job relates to being a subpar worker.
Tip 4. Learn your rights
Familiarize yourself with employment law. Knowing what constitutes wrongful termination can help determine whether your suit has merit. You may have a good chance of winning if your firing includes discrimination, retaliation, a breach of contract or a violation of public policy.
Tip 5. Stay professional
Maintain civility throughout the legal process. Refrain from engaging in disputes with your former boss or defaming the company on social media. Keeping a level head and focusing on the facts will serve you better in the long run.
Winning a wrongful termination lawsuit requires significant legwork. Although preparing to face a judge may take effort and self-control, the satisfaction of achieving victory will make it all worthwhile.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=495962024-01-26T20:16:10Z2024-01-26T20:16:10ZEligibility
The FMLA applies to eligible employees working for covered employers. Employers in the private sector must have 50 or more employees. All public agencies and certain educational institutions have coverage as well.
For employees to be eligible, they must have worked for the employer for at least 12 months. They also must have accumulated at least 1,250 hours of service during that time.
Benefits
Eligible employees can get up to 12 weeks of unpaid leave within a 12-month period under FMLA. They must have a reason covered under the law. These reasons include the birth and care of a newborn, the placement and care of an adopted or foster child, the care of a spouse, child or parent with a serious health condition and an employee's own serious health condition that affects their ability to perform their job.
FMLA only protects the job. Upon return from leave, the employer must restore the employee to the same or an equivalent position with equivalent pay, benefits and other employment terms. It does not offer paid time off or mandate employers must pay the employee during leave.
Moreover, employees should be aware that during FMLA leave, they must continue making payments for health insurance benefits. If they do not, they could lose coverage, as the law does not require employers to cover those costs.
To initiate FMLA leave, employees generally must provide notice to their employer as soon as possible. They must also comply with the employer's usual procedures for requesting leave. Employees should ensure they complete all paperwork and provide all documentation requested to avoid delays with leave approval.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=495972023-12-21T19:47:39Z2023-12-21T19:47:39ZUnpaid overtime hours
When you work overtime hours, your employer should compensate you accordingly. If you track your work hours and find that your employer short-pays your work hours, it may be wage theft.
Minimum wage violations
Minimum wage laws define the lowest amount that your employer can pay for hourly work. If your paycheck consistently falls below the mandated minimum wage for your area, that could qualify as wage theft. Stay informed about the minimum wage laws in your jurisdiction so you can ensure that you receive fair compensation.
Off-the-clock work
If your employer encourages you to do job duties before clocking in, after clocking out or at home without compensation, that could constitute wage theft. You should receive compensation for all hours worked, even if it is only a few minutes before your shift starts or after it ends.
Pay stub discrepancies
Your pay stub, timecard and paycheck should all match for each given pay period. Make sure you review these documents for consistency because any variation, unauthorized deductions or unclear information could be wage theft.
In 2019, the Department of Labor cited approximately 8,500 employers for wage theft. Workers should understand the signs of potential losses and advocate for the compensation that they deserve. The more you learn about how employers steal wages from their employees, the easier it is to protect your rights.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=491842023-11-02T16:54:51Z2023-11-02T16:54:51Z1. Unequal access to opportunities
A clear sign of origin discrimination is when some people or groups do not get the same chances. For instance, if employees from one country infrequently get promoted, assigned international jobs or have opportunities to learn new skills, it might be because of where they come from.
2. Microaggressions and stereotyping
Microaggressions are subtle, everyday behaviors or comments that perpetuate stereotypes and prejudices. Employees may experience these microaggressions in the form of jokes, comments or assumptions about their nationality or place of origin.
3. Unequal pay disparities
Another clear sign of origin discrimination is unequal pay disparities among employees with similar roles and responsibilities. When individuals from certain regions or countries consistently earn less than their colleagues for no justifiable reason, it may indicate discrimination.
4. Limited networking and mentorship opportunities
In a diverse workplace, employees need to have opportunities to network and receive mentorship. However, origin discrimination can manifest when certain groups face exclusion from these valuable interactions.
5. Disproportionate workload or isolation
Discrimination based on origin can also manifest in the form of unequal workloads or isolation. Some employees may be unfairly burdened with excessive work responsibilities, while others are consistently left with minimal tasks.
Discrimination continues to happen in the workplace, including origin discrimination. Sadly, the Equal Employment Opportunity Commission received 73,485 new discrimination charges in FY 2022.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=491512023-10-21T15:18:17Z2023-10-21T15:18:17ZTermination
One of the most direct and severe forms of retaliation is termination. This occurs when an employer dismisses an employee in response to protected activities, such as reporting workplace violations, discrimination or harassment.
Demotion or job reassignment
Employers may also retaliate by demoting an employee or reassigning them to a less favorable position. This can significantly impact an employee's career and earning potential.
Reduction in pay or benefits
Retaliation may involve a reduction in an employee's compensation or benefits. This can take the form of a pay cut, loss of bonuses or decreased access to benefits, such as health insurance or retirement contributions.
Isolation and alienation
Employers sometimes use more subtle tactics, like isolating or alienating the employee from colleagues and supervisors. This can lead to feelings of exclusion and make the workplace hostile, ultimately prompting the employee to leave.
Unfair performance reviews
Employees may receive lower ratings or unfair criticism in their evaluations as a means of discouraging their protected activities.
Excessive monitoring
Retaliatory employers may subject the targeted employee to excessive monitoring or surveillance, creating a stressful and invasive work environment.
Change in work conditions
Some employers may change an employee's work conditions to make their job more challenging or less enjoyable. This can include assigning additional tasks, reducing resources or changing schedules.
False disciplinary actions
An employer may initiate unfounded disciplinary actions or write-ups against the employee as a form of retaliation. These records can have lasting negative effects on the employee's career and reputation.
Threats and intimidation
Employers may resort to threats or intimidation tactics, either directly or indirectly, to discourage employees from pursuing legal action or reporting misconduct.
Blacklisting
In more extreme cases, employers may attempt to blacklist an employee, making it difficult for them to secure future employment in the same industry.
Retaliation is often a response to try to discourage or punish employees for their actions. They can lead to intimidation that scares other employees away from reporting issues in the workplace. Because the goal is to suppress employee rights, retaliation is illegal.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=491332023-08-29T17:36:37Z2023-08-29T17:36:37ZSpotting the signs
Discrimination happens more frequently than people would hope. In 2022, the U.S. Equal Opportunity Employment Commission received 73,485 discrimination charges. In many cases, discrimination comes in subtle forms. If you have experienced any of the following, you may have a discrimination claim on your hands.
Unequal treatment: When the assignments you receive seem consistently less challenging or growth-oriented compared to your colleagues, it is difficult to ignore the feeling of being unfairly singled out due to your background.
Promotion puzzles: Watching others climb the career ladder while your efforts go unnoticed creates a disheartening feeling. It is especially upsetting when promotions get handed out seemingly based on factors other than your skills and contributions.
Unexplained discipline: Suddenly finding yourself on the receiving end of harsher discipline, despite your performance being on par with your colleagues, can leave you questioning if bias is playing a part.
Other signs that discrimination is happening include microaggressions, pay disparities and isolation.
Pursuing paths to resolution
Amidst the anxiety and frustration, finding the courage to voice your concerns to higher-ups or human resources is difficult but empowering. You have valid experiences, and expressing them can spark change. In some cases, other co-workers may have experienced the same situations. Together, you can amplify your voices and seek solutions.
Along with focusing on self-care, understanding company policies may provide you with the legal recourse needed to create change.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=491312023-07-27T00:47:17Z2023-07-27T00:47:17Z$11,900 annually. If you do not receive that commission, it may easily put your finances in trouble.
1. Can my employer legally withhold commissions?
While an employer may come up with various excuses not to pay commissions, they legally must do so. California considers a commission part of your wages, which means you have the right to file a lawsuit if your employer withholds that part of your salary. In some cases, you may have the right to any interest that accrued.
2. What exceptions do employers have?
Although your employer cannot legally withhold commissions, it also depends on the commission agreement. This written agreement should include any exceptions or nuances regarding commissions. After you sign it, both parties must uphold the agreement. An employer has the right to include various deductions in the agreement, such as loss of commission if the client does not pay, payroll tax deductions, or reduction in pay due to making the sale at a discounted price.
3. Am I owed a commission after I end my employment?
Even after you move on to another job, any sale that happens in which you played a key role means that you should get that commission. Keeping detailed notes of any commission-based sale will make it easier to prove you deserve the payment.
Commission-based jobs come with some unknowns, but receiving your due pay should not get included in that category.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=491292023-07-11T01:43:03Z2023-07-11T01:43:03ZWhat are your rights under the FMLA act?
If you qualify, you can legally take to up to 12 weeks of leave during each 12 months of your employment. Some of the reasons you can take protected medical leave include:
Birth of your child or pregnancy care needs
Fostering or adopting a child
A serious illness that is preventing you from working
Caring for an ill family member
Health needs relating to domestic violence
Military family leave
Your employer is not obligated to pay you during this time off but must make a position available upon your return. You will get your accumulated vacation pay, paid time off or sick leave but will not receive regular wages.
Are you an eligible employee?
You are eligible to apply for unpaid leave to handle a medical or family concern in the following circumstances:
You work for a covered employer
You have worked for your employer for at least one year
You have a minimum of 1,250 hours before starting an FMLA leave
All public agencies, regardless of the number of employees
Public and private elementary and secondary educational agencies, regardless of size
Private employers who have 50 or more employees within 75 miles of their work location
Knowing your legal rights helps you address discrimination and ensure fair treatment.]]>On Behalf of Nelson Law Grouphttps://www.rnelsonlawgroup.com/?p=491272023-05-16T01:41:07Z2023-05-16T01:41:07Z20% more than the previous year. Although not always easy to detect, the following may indicate the time has come to file a complaint.
1. Isolation from meetings and events
From informal to formal events and meetings, they serve as good opportunities for employees to network, gain experience and display skills. If employees at the same professional level get invited to such an event, such as a conference, but a person in their rankings with a different cultural background does not, it may indicate underlying discrimination.
2. Denied training opportunities
Many companies strive to bring employees up through the ranks, ensuring they have reliable, dependable staff they can count on. Instead of having to train new employees, internal training sessions offer an easy way to see who has the qualities to move up. Over time, if these sessions continually have attendees that lack diversity, it may imply the company does not consider inclusion a priority.
3. Overuse of disciplinary measures
While every company has its rules, in theory, those rules should apply to everyone. If one employee commits a small infraction that goes without punishment while another one does the same thing but receives discipline, it may indicate more problems down the road. Building up disciplinary actions, which stay on a record, provides a way to prove that a person should not get a raise or promotion down the road.
In many cases, a person will experience more than just one of the above. When that happens, it may indicate the time has come to seek help.]]>