Full Description

“This compassionate, practical guide is a must read for employees and employers alike.”
—Jody Larimore, Human Resources Director, Northwest Region, Wells Fargo Bank

Take advantage of the workplace rules that protect you.

While it may seem that your employer holds all the cards at work, your have rights and legal protections that your employer must follow. It is important to understand the employment issues you face and how the interactions between employee and employer affect you.

Your Rights at Work guides you through the maze of regulations that concern you. It teaches you how to protect yourself and when to use the rights you are entitled to. Use the practical advice it gives along with the following features to get the most out of your job.

Frequently Asked Questions
Tips to Survive Discipline
Q and A on Settling Your Dispute
Taking Your Case to Court
Reporting Illegal Harassment
Handling a Termination
EEOC Office Directory
State Discrimination Enforcement Agencies
Hiring an Attorney
Plus much, much more

Table of Contents

Introduction -
SECTION ONE: UNDERSTANDING EMPLOYMENT LAW -
Chapter 1: Our Legal System -
The Law
Stages of Litigation
Chapter 2: Discrimination -
Proving Discrimination
Federal Remedies
Procedural Hurdles
State Law Protection
Rights of Rejected Applicants
Protection for Private Employees
Chapter 3: Wrongful Discharge -
Public Policy
Proving Wrongful Discharge
Wrongful Constructive Termination
Remedies
Chapter 4: Tort Claims -
Intentional Infliction of Emotional Distress
Fraud
Intentional Interference with Economic Relations
Invasion of Privacy
Defamation
Negligence -
Chapter 5: Employment Contracts -
Contract-Making Opportunities
Enforcing Contracts
Employee Handbooks
Past Practice
Duration of Employment
Contracts Implied by Law
The Covenant of Good Faith
The Problem with Contract Claims
Negotiated, Written Contracts
Termination Provisions
Compensation
Special Clauses
Chapter 6: A Closer Look at Title VII -
Race Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Orientation Discrimination
Religious Discrimination
Chapter 7: Sexual Harassment -
Supervisors
Coworkers
Identifying Sexual Harassment
Chapter 8: Age and ERISA Discrimination -
Age Discrimination
Employee’s Remedies
ERISA Discrimination
Chapter 9: Federal Rights of Disabled Workers -
The Rehabilitation Act
The Americans with Disabilities Act
Chapter 10: Whistleblowing and Retaliation Statutes -
Opposition Statutes
Statutes Relating to Protected Activities
State Laws -
Chapter 11: Employee Benefits and Working Conditions
The Family and Medical Leave Act
Retirement Legislation (ERISA)
COBRA Rights
The Fair Labor Standards Act
The Davis-Bacon Act
Plant Closure Legislation
Occupational Safety and Health Act
Workers’ Compensation Laws
Unemployment Compensation
Drug Testing Laws
Employee Polygraph Protection Act
Health Insurance Portability and Accountability Act
Garnishment
Immigration Laws and the Workplace
Rights to Unionize
Chapter 12: Employee Privacy -
Expectation of Privacy
Telephone Monitoring
Email Monitoring
Chapter 13: Distinct Employee Groups -
Government Employees
Union Employees
SECTION TWO: USING EMPLOYMENT LAW -
Chapter 14: Reasons for Discrimination -
Prejudice
Resentment Due to Affirmative Action
Frustration Due to Accommodations
Anger
Greed
Fear
Chapter 15: Workplace Harassment -
Reporting Illegal Harassment
Retaliation for Reporting Illegal Harassment
Cooperating with the Investigation
The Reporting Aftermath
Common Questions Concerning Workplace Harassment
Chapter 16: Surviving Employer Discipline -
Surviving Pending Discipline
Verbal Warning
Written Warning
Suspension or Involuntary Leave
Union Employees
The Aftermath
Tips to Survive Employer Discipline
Chapter 17: Handling a Termination -
Chapter 18: Evaluating Your Legal Case -
Potential Success in Court
No Case is Perfect
Chapter 19: Hiring an Attorney -
Determining if You Need an Attorney
Selecting an Attorney
Types of Attorneys
Fees
Retainer Agreements
Changing Attorneys
Chapter 20: Filing a Lawsuit -
The Prefiling Stage
The Postfiling Stage
The Trial Stage
The Appeal Stage
Chapter 21: Settling Your Case -
SECTION THREE: FREQUENTLY ASKED QUESTIONS ABOUT YOUR RIGHTS IN THE WORKPLACE -
Glossary -
Appendix A: EEOC Office Directory -
Appendix B: State Discrimination Laws and Agencies -
Appendix C: Notable Wrongful Discharge Cases -
Notes -
Index -
About the Author -

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