Employment Law
  • What are the elements of a hostile work environment claim?
    • video
      Firm Name: Noel E. Schablik, P.A.
      Duration: 01:46
      Date: 2019-07-23
      Hostile work environment is unlawful harassment that happens when unwelcome conduct is severe or pervasive enough to interfere with an employee’s ability to do their job. Offensive comments or conduct must relate to a characteristic protected under federal or state law, and the behaviors must typically continue over a period of time. A local employment attorney can explain whether the facts of your case might form the basis of a hostile work environment claim.
Related Employment Law Videos
  • What is considered harassment at work?
    • There are two primary types of harassment at work for which the law offers remedies. The first is hostile work environment, when an employee is subject to unwelcome workplace conduct that is severe or pervasive.The second type of harassment is known as quid pro quo, which most often occurs in sexual harassment cases. If you’ve faced harassment in the workplace, a local employment attorney can explain your legal options.
  • What is “at-will” employment?
    • Employment “at will” means that your employer can terminate your employment at any time for almost any reason — or even for no reason at all. Generally, workers are considered at-will employees unless they have an employment contract stating otherwise. But employment contracts don’t have to be written; a court can enforce oral employment contracts. A local employment attorney can explain how at-will employment fits your particular circumstances.
  • What is the Family and Medical Leave Act (FMLA)?
    • The Family and Medical Leave Act allows eligible employees to take up to 12 weeks of unpaid leave each year for certain family and medical reasons, without losing their jobs or health insurance, and applies to most public agencies and private employers with at least 50 employees. A local employment attorney can help you better understand how the FMLA may apply to your family circumstances.
  • What is considered workplace discrimination?
    • Under federal law, workplace discrimination occurs when you are treated differently at work due to your sex, race, color, national origin, religion, disability, age (40 and older), or citizenship status. When an employer demonstrates discriminatory intent in hiring, promoting, and disciplining workers based on their status as members of a protected class or category, affected workers may have grounds for a claim. A local employment attorney can explain how workplace discrimination could apply to your situation.
  • How much time can I take off for maternity or paternity leave?
    • The amount of time parents can take off from work for parental leave depends on the size of their company and the state in which they work. The federal Family and Medical Leave Act applies to all public and private employers with 50 or more workers. Eligible employees may take up to 12 weeks of unpaid leave each year. An employment attorney in your area can answer further questions about family leave in your state.
  • What is a non-compete agreement?
    • A non-compete agreement is a contractual provision that prevents workers from starting a competing business or going to work for a competitor after they leave a position. Non-compete clauses can be part of an initial employment contract or signed at a later date. An employment attorney in your area can help you understand your rights and restrictions under a non-compete agreement.
  • How do I know if I should make a sexual harassment claim?
    • If you’re thinking about making a sexual harassment allegation, you should know the two types of legal claims recognized by federal law and most state law. One category concerns hostile work environments, which covers unwelcome comments or conduct of a sexual nature. The other is called quid pro quo, where your superior bases employment decisions on how you respond to sexual advances. An employment attorney in your area can help you determine how to proceed.
  • Do I lose my health coverage if I lose my job?
    • You have two primary options after a loss of employer-provided health insurance.You can continue your existing plan through COBRA, the Consolidated Omnibus Budget Reconciliation Act. If you’re not able, or willing, to continue under COBRA, you can get coverage through the federal Health Insurance Marketplace. An employment law attorney in your area can help you understand how your state’s laws impact your health coverage after a job loss.