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Employment at Will

Private Sector Employees Have Few Constitutional Rights

Brad Reid | Posted 10.10.2016 | Business
Brad Reid

A recent decision by the federal Court of Appeals for the Second Circuit determined that private sector employees could be fired for refusing to be in...

Fired Because of Illness

Erin Havel | Posted 06.08.2016 | Healthy Living
Erin Havel

You know the company you work for, and if you have been there long enough you have seen how it supports or does not support its employees in difficult times. There is so much you are dealing with when you are newly diagnosed, perhaps have your advocate take on some of the research responsibility. 

A Legal Reason to Complain if You Are Mistreated at Work

Brad Reid | Posted 11.30.2016 | Business
Brad Reid

Sometimes employees are either afraid to complain about mistreatment or believe that a complaint will be meaningless. However, this is a legal mistake...

Number One Workplace Right You Think Exists That Doesn't: Wrongful Termination

Donna Ballman | Posted 11.23.2016 | Business
Donna Ballman

One of the most popular columns I ever wrote was 10 Workplace Rights You Think You Have -- But Don't. In it, I identify ten work-related rights that most Americans think they have, but don't. The number one on the list, the number one thing people ask me about as an employment lawyer, is wrongful termination.

How You Can End Employees' At-will Status with a Casual Remark

Margaret Jacoby | Posted 10.20.2016 | Business
Margaret Jacoby

When it comes to running your business, employee relations is likely at the top of your list. But small business HR can be complicated, especially regarding legal and fair termination.

Whistleblower Statutory Protections Are Frequently Narrowly Interpreted By Courts

Brad Reid | Posted 01.13.2015 | Business
Brad Reid

Whistleblower statutes typically contain anti-retaliation provisions that limit an employer's ability to fire under the employment-at-will doctrine. E...

Does an Employee's Right of Self-Defense Override an Employer's Workplace Rules?

Brad Reid | Posted 11.05.2014 | Business
Brad Reid

Wal-Mart employees allegedly violated company rules prohibiting them from approaching a criminal suspect possessing a weapon and also requiring the em...

Rebuilding My Life after My Unemployment Benefits Ended

Evangeline Yvonne Samples, MS, RDN, LD | Posted 10.14.2014 | Politics
Evangeline Yvonne Samples, MS, RDN, LD

I have been trying very hard to rebuild my life. I am not asking taxpayers to take care of me. I would like to see some changes in employment laws. I think that policies of noncompetition should be limited in duration and scope, if not abolished.

Understanding Your Value to Your Employer

Gil Laroya | Posted 05.11.2014 | Business
Gil Laroya

There's an old saying that "A tool is only as useful as the next job it gets used on". People are generally not tools. But in the perception of an e...

Compensation Plan or Employment Contract?

Brad Reid | Posted 04.09.2014 | Business
Brad Reid

U.S. employment-at-will law essentially allows an employer to fire at any time or an employee to quit at any time without legal consequences. Montana is the only state without employment-at-will after a probationary period.

The Difficult Issue of Attractiveness Discrimination

Brad Reid | Posted 03.12.2013 | Business
Brad Reid

Civil rights judicial decisions have prohibited gender-stereotyping in the workplace. Should appearance and attractiveness stereotyping become a part of this doctrine?