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December 2015 Archives

What you need to know about workplace privacy

Contrary to popular belief, there is no right to privacy against your employer enshrined in the Constitution. Generally, you must rely on state laws to guarantee your privacy. Typically, what is protected from a search by your employer depends upon what they are searching for. If it is something that is owned by your employer, then they may search it. If it is owned by you, then you have greater protections against a search.

Pregnancy Disabilities Act provides protection for employed women

Pregnancy is not a valid reason to punish an employee. Pregnancy is meant to be a terrifyingly wonderful time because you are ushering in a new life, not because you are worried about how your boss will take it. It is unlawful for an employer to harass you due to your pregnancy. Harassment can take many forms from the blatant, like firing you after you announce, to the sinisterly subtle, like demoting you. Don't think that protections for pregnant women begin and end with harassment laws.

Wrongful termination does not always require being fired

Often your employer will know details about your personal life; this is how she would craft a schedule and job that fits with your life. When your relationship with your boss is going well, this is great. But this extra information also allows them to take advantage of you to try and create a situation that forces you from your job. When this happens, you may have a claim for constructive wrongful termination. A wrongful termination claim brings to mind being fired for an unlawful reason such as retaliation for reporting a chemical spill or because your boss is sexist or racist. However, your employer does not have to fire you for you to have a wrongful termination claim.

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