A constructive discharge is when an employee quits their job due to conditions that would make any reasonable employee leave. The law treats a constructive discharge the same way as being fired, which means you may qualify for unemployment benefits, severance pay, continued health insurance coverage, and more.
Hostile Work Environment
Employment Attorneys Serving Northern and Central New Jersey
Your employer has a legal obligation to provide you with a safe workplace free of hostility and abuse. If you have been subjected to a hostile work environment because of harassment based on your membership in a protected class, you may be able to sue your employer.
Sexual harassment is never tolerable, but it is unfortunately common in many workplaces. Despite federal and state laws against discrimination, including sexual harassment, and the policies many employers implement to prevent it, people are still harassed by their coworkers and supervisors.
When Naomi Parker Fraley was 20 years old in 1942, she was photographed in her work uniform performing her job duties at the Naval Air Station in Alameda, California. She began work there right after the Japanese attack on Pearl Harbor where her duties included drilling, patching airplane wings and riveting. Unknown to her until very recently, that picture was used for the poster "Rosie the Riveter" that was distributed throughout the country during that war. Ms. Fraley was not identified as the young woman used for the famous poster until 2016 by Dr.
In recent months, there has been a lot of publicity and public discussion about sexual harassment, abuse and misconduct. One thing that is clear is that it is still rampant throughout our economy and men like Bill O''Reilly and Harvey Weinstein had repeatedly acted badly throughout the years with their only punishment being that they paid their victims off to keep them quiet. The question is, should there be laws passed to ban confidentiality agreements when sex harassment cases are settled.
The New York Times just published an article on how GoDaddy is trying to eliminate sexism in the workplace. This is the same company whose advertising was notoriously salacious and degrading to women. With the hiring of CEO Blake Irving, the company has engaged in a campaign that looks at everything including criteria for performance evaluations that disfavor women to changing job descriptions that favored implicit male aggression. To see what GoDaddy is doing, first click on the title of this blog and then click on the word,
The Third Circuit Court of Appeals (covering New Jersey, Pennsylvania, Delaware and the Virgin Islands) ruled last week that a supervisor's use of the "n" word while threatening to fire African American employees is sufficient to allow a lawsuit to proceed under federal civil rights statutes. The appellate decision reversed the trial court's dismissal of the case and stated that the district court relied on the wrong legal standard when doing so. Click on the decision to see why th
Elizabeth Spiers, founder of The Insurrection, who is not a lawyer but well versed in the IT field had an uncanny take that sexual harassers who selectively harass some women but not others should not be let off the hook. She is correct in her assessment that this is no defense when it comes to prosecuting sexual harassment cases. Her article, which is published on Linked-In, can be be viewed here.
As Baby Boomers age, their employment becomes more precarious. What makes this even tougher for Boomers are their finances after paying exorbitant college tuition bills for their children (for those that can even afford it) and and less than optimal savings. Accordingly, Boomers must work longer to have a decent semblance of retirement.
An interesting NY Times article in the Business Section on December 18, 2016 reported that a study of Sarbanes Oxley (SOX) and Dodd Frank whistle-blowers found that exposing coporate wrong-doing actually changed corporate conduct for the better.