Articles Posted in Employment Law

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2021/03/03.05.21-300x200.jpgNo matter how you feel about social media it is here to stay. Many people turn to social media to communicate with others and to express their thoughts on every facet of their existence, including their professional lives.

For those who wonder whether you can get fired for your social media posts, this issue doesn’t just concern celebrities or those in the news; it has happened to many different people in various industries. The following are some examples of content that has resulted in the poster being fired:

  • Bankers used social media to pretend to be members of a terrorist group.

shutterstock_17128195454-300x200Most employment is considered “at will.” This means that employees can be fired at any time without any warning and with no cause. However, there are times when your employer dismisses you that are illegal and are considered wrongful termination. The Covid-19 pandemic has highlighted some of these unlawful ways to get rid of employees. Here are categories for such examples:

Discrimination

An example of discrimination that occurs during the Coronavirus pandemic often involves persons with disabilities. You could be legally protected under the Americans with Disabilities Act (ADA) if you have a condition that makes it unsafe for you to go to work at your normal worksite because it makes you more vulnerable to getting Covid-19. If you requested an accommodation that would allow you to work remotely or in a way to minimize your risk rather than the worksite, but you were fired instead, that could be illegal. If your accommodation was reasonable (wouldn’t cause undue hardship or interfere with your ability to do your job), then you might have a claim for wrongful termination.

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2020/12/20.12.18.jpgAlthough it may be difficult to do, employees have the right to say something when they believe that their employer has violated the law. If the employee has been harassed or mistreated, they should be able to voice their concerns about the employer’s wrongdoing without it impacting them negatively, such as a reduction in hours or outright firing. Fortunately, there are federal and state laws in place to protect workers from retaliation.

Definition of Workplace Retaliation

Employment retaliation occurs after an employee files a formal complaint about the workplace involving discrimination and/or harassment. The employer or company leader then takes negative action against the employee.

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2020/10/20.10.02-002-300x300.jpgThe employment scenario: You have a disability and have requested certain accommodations at work. Your employer is now asking to see proof of your disability and/or asking for more specific details about your disability.

The question: Is an employer’s request for disability documentation legal?

The answer: Not necessarily.

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