You walk into work one day, as you do on any given work day, and find out that you are being fired. You feel confused and frustrated, not to mention sad. You have no idea why you are being fired. Many people have been through this unfortunate scenario.
People often say you should know your rights in order to protect them. But the fact that there are perhaps dozens of laws that apply to each person's unique situation means that not everyone can be an expert on the law. This leads to a lot of questions, some which find their way on our blog.
Last time, we were looking at a recent case from the Second Circuit that involved a security guard who had filed a claim for unpaid wages and retaliation under the Fair Labor Standards Act (FLSA). A lower court had allowed is unpaid wage claim, but dismissed his retaliation claim because he had made an oral complaint to his supervisor and not written complaint to a governmental agency.
The Fair Labor Standards Act (FLSA) governs much of the employment rights of workers in the U.S. As the name implies, the FLSA sets many standards for employers, including wage and hour laws. To ensure these laws can be enforced, the FLSA has anti-retaliation provisions, to prevent employers from firing employees who complain about violations of the FLSA.
He also asked the jury for punitive damages. Before the jury deliberated on that question, the Diocese settled the case for $4 million. The forewoman of the jury commented to the press that they should have let the jury decide the issue, as the jury would not have been so generous.
While damage awards court cases often receive headlines, they are often misunderstood, sometimes even by those how participate in the trial itself. In American legal cases, there are typically two forms of damages paid for an injury.
The facts of a wrongful termination cases often begin as something else. A case involving a former police officer begins with the officer suffering an injury while on duty. He dutifully filed a claim for workers' compensation benefits. He eventually returned to work, about a year after his injury.
Employees in New York may benefit from learning more about whistleblower protections guaranteed by Occupational Safety and Health Administration regulations. There are several laws in place that the OHSA can cite when penalizing employers who retaliate against whistleblowers. Retaliation can be described as protected employee activity that proves to be a contributing factor to an unfavorable personnel action conducted by an employer.
To win a case under Title VII, a ruling by the U.S. Supreme Court suggests that an employee would have to prove that employer retaliation was the sole reason for termination. If an employer claimed there were other reasons for the termination, the employee would lose his or her case. However, the New York City Human Rights Law states that employer retaliation must only be a factor in such cases.
New York residents are likely familiar with cameras placed on traffic signals to record the license plate numbers of vehicles that fail to stop at a red light. The subsequent tickets are sent by mail to the registered owner of the vehicle, but some may wonder who is responsible for payment when the vehicle in question is owned by a company but being driven by an employee. In these situations, New York employment law states that payment is the responsibility of the employer.