Lisa Guerin is the author or co-author of several Nolo books, including The Manager's Legal Handbook, Dealing with Problem Employees, The Essential Guide to Federal Employment Laws, The Essential Guide to Family & Medical Leave, Workplace Investigations, and Create Your Own Employee Handbook. Guerin has practiced employment law in government, public interest, and private practice, where she has represented clients at all levels of state and federal courts and in agency proceedings. She is a graduate of UC Berkeley School of Law.
Articles By Lisa Guerin
Question: I work for a big construction firm, and I'm often the only woman on a job site. A couple of the guys I work with have been making really gross sexual comments around me and calling me names. I joked with them about it for a while, but they kept getting worse. Finally, I told them they were bothering me and asked them to stop. Well, they didn't stop.
Employees and applicants are protected from discrimination and harassment based on their religions, their religious beliefs or practices, and even their lack of religious beliefs. Title VII, the federal law that prohibits employment discrimination, applies to private employers with at least 15 employees.
Question: I am a transman. I transitioned from female to male several years ago, while working at my last job. My manager and coworkers were all very supportive of my transition. However, the company recently had to downsize dramatically, and I was one of many employees to be laid off. Now I’m looking
Question: I am Jewish, although my parents were not very religious. In the last year or so, I have begun attending services at the Temple again and studying the Torah. I recently decided to adopt a more religious lifestyle, including observing the Sabbath. I work a Tuesday through Saturday shift, so
Employees who complain about discrimination or harassment are protected from retaliation. An employer may not punish employees for asserting their rights. However, retaliation still happens; in fact, more that a third of the discrimination charges filed with the Equal Employment Opportunity Commission (EEOC) in the past few years include a retaliation claim.
California law gives employers only a short time to give employees their final paychecks after they quit or are fired. If an employer misses the deadline, the employee is entitled to a waiting time penalty of one day's pay for each day the employer is late, up to 30 days.
Most employees work at will, which means their employers can lay them off or fire them at any time, for any reason that isn't illegal. An employer that's struggling financially is generally free to cut jobs as the circumstances dictate. But that doesn't mean every layoff is legal. Employees with contracts may be protected from certain kinds of layoffs.
Learn the elements of a harassment claim and how to prove them in court.
If you've lost your job, you may be eligible for unemployment compensation: benefits paid to those who are out of work through no fault of their own, until they can find new employment. Unemployment benefits are available through a program that's jointly run by the federal and state governments.
The federal Family and Medical Leave Act (FMLA) was passed to help employees balance work and family obligations. The law requires employers to let employees take leave to care for family members or recover from a serious illness. But not every employer, employee, or need for leave is covered. This article explains ten things employees should know about this landmark law.