Welcome to Employment and Job Law Guide
Federal And State Employment Law Applications Article
. For a permanent link to this article, or to bookmark it for further reading, click here.
You may also listen to this article by using the following controls.
Attorneys Labor Employment Law – The Need to Know
from:Attorney's labor employment law covers many areas, including one that has seemingly caused many firings in the past – Whistleblowers Law. If you are in a position where you know your boss is breaking the law, you should contact specialists in, attorney's labor employment law.
For instance, if you happen to live in Michigan, attorney's labor employment law states their Whistleblower statute offers protection for employees who report or are about to report a suspected violation of the law. This also covers someone who is asked to participate in an investigation or hearing of a public body. The employee can not be punished by the employer for participating in these situations.
Now one thing is critical here. Under attorney's labor employment law, the Michigan Whistleblowers statute of limitations is really short. You MUST file a lawsuit within 90 days of reporting a violation. This short filing period is the shortest of any of the other types of employment case law scenarios.
The violation reported (or about to be), under attorneys labor employment law, must be a violation of a statute, regulation or rule enacted by the state of Michigan or its political subdivisions (cities, counties) or the United States. In addition, the breach of law must be reported to a public organization or governmental agency. It cannot be reported to a private organization.
Now here comes the hard part – the burden of proof. The one who reports must (in good faith) believe a violation has taken place. They must also be able to show the employer knew he/she was the whistleblower and took action against him/her BECAUSE the violation was reported – not for some other reason. This is a tough thing to prove and as you can see, the parameters are rather vague. A sort of he says/she said kind of thing.
Other states have legislation or court decisions in this area. There are also federal statutes that apply. The most well known Act is the Sarbanes-Oxley Act, 18 USC 1514A(a).
There are other states that allow you to file a suit if your firing violates public policy. This policy does tend to vary from state to state, so it would be best to check with a lawyer prior to proceeding. Many of these cases require a close examination of the prevailing case law before a decision is made to file a lawsuit.
One quick example would be an employee fired for filing a workers compensation claim. Again, proving this is the result of filing the claim is the key to this type of case.
In short, because the laws vary so much from state to state, always make certain to consult an experienced lawyer.
Federal And State Employment Law Applications News
Could Local Governments Become Incubators of Pro-Immigrant Laws - Huffington Post (blog)
Could Local Governments Become Incubators of Pro-Immigrant Laws Huffington Post (blog) In the absence of any Congressional action on immigration reform, states have stepped into the void. While some states have passed immigration laws that are purely punitive, enforcement centric and redundant, mirrored on existing federal laws (mostly ... |
BUSINESS LAW: Application of policies may have discriminatory impacts - nwitimes.com
 Hr Morning | BUSINESS LAW: Application of policies may have discriminatory impacts nwitimes.com The federal discrimination laws, and the Equaly Employment Opportunity Commission in the enforcement of them, prohibit discrimination based on disparate treatment and disparate impact. Disparate treatment discrimination is straight forward. What the EEOC's got up its sleeve for 2012 and beyond |
States object to federal plan for truck drivers' pay tribunal - The Australian
States object to federal plan for truck drivers' pay tribunal The Australian STATE governments are threatening to scuttle the federal government's new "safe pay" tribunal for truck drivers. The Victorian Coalition government yesterday declared that its state regulations for drivers' pay were superior. |
Santorum's labor problem - Washington Post (blog)
Santorum's labor problem Washington Post (blog) The state legislature and our governor for a long time had rules in place that were inconsistent with right to work. And I wasn't, as United States senator, representing the states of Pennsylvania going to go down and by federal vote change the law on ... |
Why Are Taxpayers Subsidizing Anti-Gay Discrimination? - Huffington Post (blog)
Why Are Taxpayers Subsidizing Anti-Gay Discrimination? Huffington Post (blog) Among transgendered employees, the situation is even worse: according to the National Transgender Discrimination Survey, an astounding 90 percent reported having suffered harassment at work. Under federal law, the president can issue an executive order ... |
Ten States Get Leeway on School Law - Wall Street Journal
 Wall Street Journal | Ten States Get Leeway on School Law Wall Street Journal The Obama administration said it would grant Colorado, Indiana, Kentucky, Massachusetts, Minnesota, New Jersey and Tennessee the power to design their own school accountability systems, instead of using the one mandated by the decade-old federal law. Official: 10 states given waiver on No Child Left Behind learning laws 10 states can drop No Child law, submit new plans Obama Waives No Child Left Behind Law For 10 States |