Employment Law FAQ

What is Employment Law and what does it cover?

A. Employment law protects employees and their rights regarding a safe and discrimination free workplace, leaves of absence, sexual harassment and more. There are federal and state laws which protect these employees and enforce punishment.

What should you do if you feel you've been wronged by an employer and potentially have an employment law case?

A. Your first step should be to contact the proper channels within your workplace to ensure that your boss or individuals higher up are aware of what is happening, as in the instance of sexual harassment. If you're unsure what to do, you should contact an employment law attorney for advice.

Can a person's employment law rights be violated – even if he or she does not work with the violating company?

A. Yes. For instance, if a person applies for a job and is turned down based on their race, religion or sex – this is a direct violation of employment law. It is illegal to discriminate against individuals and this could merit a lawsuit.

How much notice is required for an individual to take family and medical leave?

A. Before taking FMLA leave, you should give your employer at least 30 days notice. However, in some cases you're unable to give such a notice. You should then give your employer as much time as possible with your notice of leave.

Do you have to ask for FMLA leave by name?

A. No. However, you should give the employer enough information about the reason you need leave for him or her to understand that FMLA leave is what you need. This will protect you in the future should you be refused the leave time you need.

Is it necessary to hire an employment law attorney?

A. While it's not required, it is certainly advised. Since there are many different aspects and intricacies of employment law, you will want to rely on someone who knows the ins and outs. Normal individuals cannot be expected to be this knowledgeable regarding this law. Attorneys, however, can and are.

How can an employer ensure that he or she is not sued under employment law?

A. The most important thing an employer can do is ensure that he or she is following all state and federal employment law regulations. In order to do this, the company may want to hire an employment law attorney. This will help the company make important decisions regarding their employees and their conduct.

Are individuals who are wrongly accused of sexual harassment covered under employment law?

A. They can be, yes. For instance, a man was fired 2 hours after being accused of sexual harassment simply because he told a female co-worker about a television show episode. He sued the company and was awarded $27,000,000 – based on facts that the female co-worker had said comparable or worse things at work. Since companies often take swift action against those accused of sexual harassment, misjudgments are often made.

What should you do if you are wrongly accused of sexual harassment?

A. You should contact an attorney right away. If you're fired, there could be a statute of limitations preventing you from taking action after a certain amount of time has passed. Explain the entire situation to your attorney and he or she can help you determine how to proceed.

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