I’m in Georgia and laws differ by state. I have covid and should probably be working on a brief due Monday but I see some common mistakes on here. Happy to answer questions. This is for folks in US only, sry.
Some common issues:
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Don’t answer texts or calls on your days off. If you don’t know they’re trying to reach you, you can’t be insubordinate.
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Get a copy of the employee handbook and know the rules. If you get fired for something that isn’t clearly in the handbook, you win your unemployment case. If there is no handbook, 🥳. In an UE case, the employer has the burden to prove you were fired for cause. Also, PTO rules in the handbook may result in an enforceable contract. Not always but it’s possible.
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Take a picture of the workers comp panel of physicians. If there is no posted panel, DO NOT SAY ANYTHING TO MANAGEMENT. Instead, take pictures of where it commonly would be (break room, near time clock), and make sure other coworkers are aware it isn’t posted.
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Remember that Title VII, ADA, and ADEA discrimination cases are hard to prove. Title VII retaliation cases are much easier. If you make written complaints about what you perceive as ILLEGAL discrimination (which means it’s based on a protected characteristic), then get fired, you probably have a pretty good case. You have 180 days to file a charge of discrimination with the EEOC if you’re fired.
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State DOLs, especially in red states, frequently don’t help.
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There is no private cause of action in OSHA. You can report unsafe work hazards, but there are no individual protections.
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Know whether your state is one party or two party consent. If the former, you can audio record your boss without his knowledge or consent (although it may violate something in the employee handbook). Don’t be calling my office with a recording that’s all you talking shit. Let them talk.
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If you have a medical issue and need an accommodation, get a doctor’s note ASAP. If an employer has at least 15 employees, they must make reasonable accommodations. This includes sitting down, even at Walmart!!!
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If your employer has 50 employees, the FMLA also applies. That just means they have to hold your job if you miss work because of health conditions or due to illness in your family.
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Employers also cannot discriminate based on military status. The law is USERRA. You shouldn’t get shit for missing time for military stuff.
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Employers usually can give some groups of workers health benefits but not give them other groups but they must have a non-discriminatory reason to do so. Having all the Hispanics in positions that don’t get health benefits (for example), may be illegal.
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Pay attention if your employer has a bunch of people who only speak Spanish, live in employer provided housing etc. We’re about to hit a big employer with a human trafficking case because some employers really do pay a coyote to get undocumented workers then abuse them, don’t pay OT, don’t pay minimum wage, don’t let them report work injuries, etc.
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The general rule is you get overtime if you work more than 40 hours in a given week. There can be some fucky exemptions or fucky ways to calculate time worked, but that’s the general rule. Being salaried alone is not an exemption. I had a case where my client lied about criminal convictions, worked 3 days, then got fired and they refused to pay. If I’m remembering correctly, they only owed her about $800 but under the FLSA, that’s doubled. And they paid me several grand in attorney fees. This was a very reputable university in my state. The statute of limitations for an FLSA claim is generally 2 years but you can go back 3 for willful violations.
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There are pretty pound you in the ass penalties for failing to send COBRA notices. If you lose health insurance and don’t get a COBRA notice, your employer will 100% lie so you need someone on a recording admitting it wasn’t sent.
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You typically cannot sue your employer’s directors for mismanagement even if you own stock but you can if it fucks up your ERISA protected retirement plan because they have a fiduciary duty in those situations. Suing a CEO personally for this kind of shit is hilarious.
There’s nothing wrong with setting malfeasant employers up. Let’s T bag these douche weasels