Wrongful Termination Lawyers in the USA

“At will employment” means that employers and employees have a wide range of freedoms in terminating their work relationship. "At will" states allow the firing of employees with good reason or for virtually no reason at all; however the termination must not violate the terms of a written contract, or break state or federal laws. Employees who are hired under these circumstances generally have little job security, and very few legal opportunities to fight for their job if they are fired.

Wrongful termination is among the most alarming issues in the employment industry in California. This employment issue has been affecting many employees in the state because it allows ‘at-will’ employment.

Is being overweight a protected disability under the Americans with Disabilities Act of 1992? According to a recent decision of the Montana Supreme Court and similar decisions in the federal courts, it is, or at least can be. Whether you are an employee or employer, there is no easy or safe shortcut to managing your legal rights and liabilities without the advice of competent employment law counsel.

Private employers may generally terminate or deny employment unless they discriminate on the basis of race, national origin, alienage, age, sex, or disability. The FEHA is the California law that prohibits such employment discrimination. Federal laws define protected disability differently than the FEHA. In a California state court, an obese employee who files a disability claim must prove that their obesity resulted from a physiological condition.

According to guidance issued earlier this year by the Equal Employment Opportunity Commission (EEOC), 92% of employers in the U.S. now use criminal background checks for some or all of their job candidates.

Terminating an employee is perhaps the most unpleasant, yet necessary, task that an employer must carry out. Emotions run high during the process and, depending upon the situation, it may be necessary to repair damage caused by the employee to relationships, productivity and morale.

The attorneys at Walcheske & Luzi, LLC are continually surprised by the number of people who believe workplace discrimination could never happen to them. It is important to protect yourself and not assume others always have your best interest at heart. We’ve compiled workplace discrimination examples that demonstrate it can and does happen, and sometimes with a surprising twist. This one’s for the non-believers.

From Memorial Day barbeques, Fourth of July fireworks, Labor Day soirees and many pub-crawls and Friday afternoon happy hours in between, the summer season offers employees and employers the opportunity to bond outside of the workplace. While these events can serve to strengthen employment relationships and build morale, they also can be a hotbed for employer liability.

If you’ve already begun the process of applying for CSRS or FERS disability retirement benefits, then you’re probably intimately familiar with Standard Form 3112, “Documentation in Support of Disability Retirement Application.” For those who aren’t, there’s a section in the application called “Physician’s Statement,” which must be completed by your doctor.

Earlier this year, the Supreme Court gave religious organizations more freedom in hiring and firing by expanding the “ministerial exception” to anti-discrimination laws, meaning that churches and religious employers cannot be sued for discrimination by employees who qualify as a “minister.” According to the Supreme Court, a minister is anyone who conveys or promotes the religious organization’s message. That’s a very broad and flexible standard, but that is as specific as the Court would get.