Entries Tagged 'Workplace' ↓

Many workers’ compensation plans state that you have to be treated by the insurance company’s doctor. However, the fine print oftens allows you to officially complain and request to see a doctor of your own choosing.  Additionally, if your injury is severe enough, you are usually allowed to get a second opinion.  In that case, you may see whomever you choose.  Note that in some states, there is a waiting period before you are allowed to see another doctor.  This is often 90 days, with their thinking that you won’t be needing a doctor after 90 days.  After the 90 days, you can switch over to your own doctor or health plan and the workers’ compensation insurance will have to cover all fees.

Many companies have company-sponsored events; from go-karting teambuilding, to company dinners.  If you are hurt during ANY company-sponsored event, you are eligible for workers’ compensation.  Do not let your employer tell you that you weren’t hurt while AT work so you aren’t covered.  Such events include business trips, work-related errands, and softball games.

For most people, workers’ compensation is dictated by your state’s laws. Workers’ compensation is a benefit provided to cover any work-related injuries you sustain. This benefit paid for by your employer’s workers’ compensation insurance plan. However, not all employees are covered. Exclusions vary state-to-state, but in general, the following types of workers are not covered:

• Business owners
• Independent contractors
• Casual workers
• Domestic employees in private homes
• Farmworkers
• Maritime workers
• Railroad employees
• Unpaid volunteers

Federal workers are also excluded from the states’ defined compensation coverage and are covered separately by a federal law.

This is a very fine line.   You and your buddies may think it’s hilarious to yell your co-workers name, Harry Wang, and laugh each time you see him, but that officially is harassment.   Sure, it doesn’t really fit into any of the characteristics protected by federal law (race, color, national origin, sex, religion, age, disability, and citizenship status).  However, this is likely expressly forbidden in your employee handbook.  Companies usually strictly enforce this not because they don’t want you getting in trouble, but because there have been incidents of the company being held liable for the damages.  Usually when an employee is pissed enough to file a suit, the teasers are included.  If the victim can prove that the teasers created a hostile and offensive workplace, then you’re probably in for a lifetime of regrets.

You don’t have to be a Supreme Court judge to be accused of workplace harassment.  By definition, harassment is any unwanted interaction that creates an uncomfortable, hostile, or offensive.  Under federal law, harassment is only illegal when it involves race, color, national origin, sex, religion, age, disability, or citizenship status.  That pretty much covers anything that anyone would bother harassing someone else about.

With fierce competition between employers for the highly sought after employees, this is a very common situation in today’s job market.  Non-compete agreements are created by employers to protect them from spending lots of money training you just to have to go to one of their competitors.  Factor in the likely fact that you would be bringing (and applying) proprietary information/intellectual property, you can imagine why some companies are especially paranoid.

A former employer had me sign a non-compete.  At first, I was rather wary.  Our line of business was offering professional services in a very niche market so I understood.  I eventually signed it after doing some research for the following reasons:

• Usually employers don’t pursue damages for breaches of non-compete agreements if the separation was amicable.
• The language of the non-compete was not especially out of line.
• Non-competes are VERY HARD to enforce!

I think that that last item answers the question posed in the title of the post; yes, you should sign it.  State law is usually friendly to employees.  Non-competes are all but out of the question in California, Colorado, and Oregon.  Georgia and Wisconsin strike the entire non-compete if any item is deemed too broad (e.g.  employee is not allowed to work for any competitor).  Note that if you live in Florida, Texas, Michigan, or New Jersey courts there are more likely to enforce the non-compete.  In the end, courts are usually reluctant to stop someone from applying their skills in the job market.

In situations where you are looking to jump to another company, if disagreements arise regarding your switch, ask your new company to get into the mix.  Depending on what you bring to the new company, the company may be willing to settle, on your behalf, with your former employer.

So let’s say you worked at Countrywide (or <insert any mortgage/lending-related company) and recently got laid off.  You may not be aware of this, but there is no federal law that requires an employer to pay severance pay.  For companies in severely dire straits (i.e. in bankruptcy), your severance package is probably not high on the list of creditors owed money.  This “benefit” of severance pay is more of a custom in the United States.  If you are lucky enough to get a severance package, take what you can get because it’s usually not very negotiable as it’s usually based on tenure at the company.  However, your employer may be legally required to give you severance pay if you were promised one in a written employment contract or employee handover, or if your company has a history of giving packages to employees in your position.

In one word, yes.  The Fair Labor Standards Act (FLSA) is a federal law that covers issues such as hours of work and pay.  While your employer can fire you for not working overtime, they must pay you overtime wages (1.5 times your hourly rate) for every hour worked over 40 hours a week.  If you didn’t catch that, the critical point is “every hour worked over 40 hours a week.”  That means that your employer could hypothetically schedule you for 13 hour days 3 days a week, adding up to a grand total of 39 hours a week, low enough to not have to pay you overtime rates.  If you’re stuck in that situation, quit and getting a cooler boss.

With the war in Iraq and Afghanistan still going strong, those people who are in the National Guard are going to be continued to be called upon to serve their country on active duty.  Luckily, the laws surrounding military leave of absence greatly favor the employee over the employer.  Under the Uniformed Services Employment and Reemployment Act of 1994 (USERRA), employers must not discriminate against employees who are called to serve.  The employer must reinstate the employee if they meet the following criteria:

• The employee must give ample notice
• The total time of absence must not be more than 5 years
• The employee must required within the specified timeframe.  this timeframe varies according to the duration of the military leave

It gets better … the employer is not allowed to fire you without cause (i.e. lay you off) within 1 year after your return.  Additionally, your position, salary, benefits, responsibilities, etc must be at the levels they would’ve been if you had never taken the leave and worked continuously, assuming you are qualified.  Even if you aren’t qualified, the employer must help you become qualified.

Basically, if you’re called to serve, don’t worry about your job situation … Uncle Sam has got your back when you return.

With all the primaries, caucuses, and Presidential election happening this year, this issue may affect many of you.  Being able to balance your work and family commitments is hard as it is.  Taking time off during the day is nearly impossible.  As such, many states require employers to allow employees to take time off to vote.  However, there are some restrictions in some states.  You may need to prove that you actually did go vote.  You may not get paid for this time.  You may need to show that you wouldn’t have had enough time to go if not for the time off.  Your best bet is to just skip out and go vote.  Be a good American citizen and tell your boss that you weren’t feeling well.