Is it demotion or constructive discharge?
I was vice-president of my company until 1/7/2015. At a meeting on 1/5/2015, the president announced that he had made another gentleman senior vice-president. I [...]
About Ann Kiernan
Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.How should we pay hourly employees for travel and training time?
I am an hourly employee that punches in at 8 am and out at 4 pm M-F. I was recently sent out of state for [...]
Can a supervisor forbid someone to apply for an open position?
One of my colleagues was specifically told by his supervisor not to apply for an open position. Somehow, that doesn’t sound right to me. Is [...]
If I have information about domestic violence in a co-worker’s private life can I tell human resources without getting into trouble?
Posted 11-12-2014 Ann Kiernan replies: You don’t say what the information is, or why you want to tell HR, so I cannot give a complete answer. [...]
I have been accused of harassment. What are my rights?
I was accused of harassment and the accusation is false. What rights does one have to counter? My current employer can or will not answer [...]
What are rights of tipped employees?
I'm a waiter and I'm wondering if it's legal for my boss to make me do other things other than waiting tables. I am NOT [...]
Can my employer give out my name and address to a union representative without my knowledge or my approval?
Posted 10-01-2014 Ann Kiernan replies: If there is a union election coming up at your workplace, federal law says that the employer must give the union [...]
Is it legal to deny promotion because of disabled family member and FMLA use?
I am a temporary worker at a major manufacturer; I've been there for 3 1/2 years. My wife was declared disabled a couple of years [...]
Can my employer tell employees what medication I take?
Posted 08-19-2014 Ann Kiernan replies: No! That’s a violation of your privacy rights and your rights under the Americans with Disability Act. I suggest you talk [...]
Can we fire an employee who is out on disability?
We are a non-profit organization with 14 employees. One of our employees has gone on a non-work related disability. She has been out for 4 [...]