employment law law
e m p l o y m e n t l a w a n d l a b o r l a w
The Illinois Freedom to Work Act was effective January 1, 2022 and provides significant protections to employees. Employees are also better positioned during negotiations. The Freedom to Work Act will also help employees protect themselves by mandating that an employer pay attorneys' fees when he or she initiates litigation.
Sexual harassment claims
According to law, employees can use their earned sick leave for personal and family purposes. They will require documentation if they miss more than three consecutive working days. Employees should also be provided with written notice from their employers regarding their rights as well as their responsibilities under this law.
An executive employment contract must clearly define "cause" and include any offenses against shareholders or the company. Many times, the definition of "cause" can be vague or ambiguous. Worse, employees may not be aware of the exact cause that led to their termination.
Discrimination based upon national origin
* Whistleblower claims
All aspects of employment law are handled by our team, including whistleblower and discrimination and harassment, wage, hour and wrongful termination claims. In addition to representing clients in severance negotiations as well as non-competition and equity agreements and other contract negotiations, we also advise and represent them.
You can use sick time for many reasons, including to treat an injury or illness. Employees can also use sick time to visit long-term care appointments or care for family members. Employers are prohibited from retaliating against sick employees.
Discrimination against race
Even subtle forms can lead to legal problems. One example is when religious clothing conflicts with the dress code of a company. A potential employer may ask a job applicant to remove his yarmulke. This can lead to a denial of the application. A yarmulke is an essential part of Jewish religious practice. Additionally, religious attire can be linked to a country or region. This could lead to discrimination based upon national origin.
Philadelphia has recently passed a law that requires employers to provide sick leave paid for their employees. COVID-19, a new part of Philadelphia’s code, deals with "promoting health workplaces" and pandemics. When a person is positive for COVID-19, the law requires that employers of health care services provide sick pay to their employees. This law applies to all employees of nursing homes, hospitals, as well as home health providers. For eligibility, employees must have worked at most 40 hours during the past three month.
Noncompete claims
The Illinois Freedom to Work Act, which became effective January 1, 20,22, provides substantial protections to employees. The act also places employees in a stronger position for negotiations. Further, the Freedom to Work Act will mandate attorneys' fees to protect employees when an Employer files a lawsuit.
A termination clause should be included in an executive employment agreement. It should define what constitutes "cause" including any offenses to the company or shareholders. The definition of "cause," in many cases, is vague and unclear. A worse case scenario is when the employee doesn't know what they did that warranted their termination.
Employers can't ask for a doctor’s note every time an employee is sick.
* Family and medical leave
An employee must prove that the discrimination was based on national origin. Employer is now responsible for proof of the causal connection. The employer must first offer a valid but not discriminatory reason for the action. The employer must first provide a valid non-discriminatory reason for the action. Next, the employee must show evidence to support the employer's claim.
We also offer comprehensive estate planning to assist you and your spouse in protecting your family and assets in the case of an unfortunate event.
Federal law prohibits harassment based solely on race. In certain cases, employers may be found guilty of violating the law. Employers under 18 years are protected by federal law. The law prohibits discrimination against people based on their age, race and disability or marital status.
Employers frequently use golden parachutes as a way to attract top employees. Top executives desire security, especially if their company is susceptible to mergers and acquisitions. This can help companies attract top executives. Furthermore, high-level executives are more likely to remain in a company with a gold parachute rather than one without.
What to look out for in Executive Employment Agreements
Many employees are good-intentioned and will seek assistance from their HR department or supervisor in order to solve problems at work. However, they may not realize that their statements were made to protect the best interest of the company. For clients who want to understand their unique situation and get a third-party view of their legal issues, we advise them to consult a lawyer before they bring a claim to a company representative.
* Interference with contracts and defamation
If the law is consistent across all employees, employers can request a doctor’s notice from employees who are sick. Employers should limit doctor's note requests to verify that employees are receiving health care but not diagnose their illness. Employers should search local and state laws governing paid sick leaves to determine which regulations apply.
Employers with disabled employees are protected against being fired
Even subtle forms discrimination can lead you to legal trouble. Religious attire may be incompatible with a company's dress code. The employer might ask the applicant to take off his yarmulke. The yarmulke form an integral part Jewish religious practice. A religious outfit can also be associated a country, region, or even be considered discriminatory because of its national origin.
Employers must not only provide paid sick leaves, but also post a notice in employees' handbooks explaining their policies. The Mayor's or designee will provide the poster. Employers must provide sufficient notice in their employee handbooks. If the handbooks do no exist, employers should provide written notice to employees. This notice should be provided in English as well as the language of at most five percent of employees.
Employers are forbidden from discriminating against employees on the basis of race, color, gender, marital status, ancestry, national origin, marital status, or national origin under federal discrimination law. Employers cannot discriminate on the basis of age unless it is an occupational qualification.
employment law law
If the payments for golden parachutes are excessively high, they may be subject to taxation. They can also prove costly for companies. Before deciding to purchase a golden parachutise, executives should consider the tax implications. It is possible to reduce the risk of excessive parachute payments by increasing the base of compensation prior to a change in control. This strategy can lead to a higher base of compensation for executives in the long-term.
It is determined by the state
Harassment at work that is based upon protected classes is illegal in both federal law and state law. It refers to any behavior pattern that creates a hostile work environment, which can lead to an adverse employment decision. This type can be directed at your supervisors or coworkers but it also happens outside the workplace.
Someone needs to hold an employer responsible for mistreating their employees. It can be daunting for employees to begin this process. The Lacy Employment Law Firm is ready to help you build a strong case to protect your interests, whether you have been treated unfairly on the work place or need to level the playing fields while negotiating a contract.
Inflation has eroded Philadelphia's minimum salary
How do I Recover My Lost Wages?
There are a lot of different practice areas for employment related disputes. Although wage loss might be considered labor law, we handle these types of issues. The Fair Labor Standards Act protects you from your employer stealing your wages. Also, like state anti discrimination laws, PA has anti-wage theft laws that protect you. Wage and hour claims comprise a good portion of the legal issues that we see. Let us help you recover your unpaid wages.
What Other Types of Employment Law Claims Do You Handle?
Employment law is much more than workplace discrimination. You might need legal counsel to help with employment agreements, contract negotiations, or a severance agreement review. There is also law that applies specifically to public sector employees. New Jersey employment laws differ from Philadelphia employment laws. And there are aspects of business law with an employment element as well. Perhaps you saw some illegal activity at work, then you can bring whistleblower claims. Did you suffer a personal injury at work? Then you have a workers compensation claim. Maybe your employer is accusing you of breaching a non-compete agreement or taking trade secrets with you to a new company. You will definitely need us in this case. There are so many different aspects of employment law. Give us a call and find out.