I got hurt at work and then got fired. Is that legal?
I was off on medical leave for arm surgery, and when I returned to work 3 months later, I gave my supervisor my doctor's note [...]
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.Is it legal to fire a person on authorized maternity leave and replace her with a new hire?
Posted 08-04-2010 Ann Kiernan replies: The answer depends on the particular facts involved. Here are a couple of possibilities: If the woman is eligible for [...]
Help! A lying employee is threatening us!
We have an employee that asked us on a Thursday if she could take off the next day, Friday, to get a restraining order against [...]
Can we pay a different hourly rate for training?
If employees are attending a mandatory training seminar, can you pay a different hourly rate than their normal rate? I have heard this in the [...]
Can I take vacation time after I come back from disability leave?
I was involved in a car accident where someone hit me from behind and was out on disability for 6 months, and I am now [...]
Do we have to pay an exempt employee who was not at work?
I have an exempt employee who was out for 4 days due to dental issues. He worked from home 2 of those 4 days on [...]
What is the statute of limitations for wrongful termination?
Posted 06-09-2010 Ann Kiernan replies: There is no federal statute on wrongful termination; this area of the law is state-by-state. So, it depends on what [...]
Can you be fired for reporting FMLA violations?
Posted 06-09-2010 Ann Kiernan replies: If that's the case, you have a clam for retaliation, under 29 CFR §825.220(a)(2), which states: An employer is prohibited from [...]
Do we have to give a former employee copies of her paystubs?
A terminated employee is requesting us to create and provide her with duplicates of all of her paystubs throughout the course of her employment. Also, [...]
Can an employer ask that the employees go to a mandatory meeting after work hours and not pay them?
Posted 05-12-2010 Ann Kiernan replies: No! Not unless they are salaried executives or professionals. Non-exempt (hourly) employees are entitled to be paid for all hours [...]