Overview

Not everything that you might think is unfair in the workplace is actually illegal.

In order to fully protect your rights, you must understand them first. The Employee Answer Book, the latest addition to the Answer Book Series, answers real questions from real people. This book discusses federal employment law in detail and touches on employment law in all states. It provides explanations of employment issues ...

See more details below
Employee Answer Book

Available on NOOK devices and apps  
  • NOOK Devices
  • Samsung Galaxy Tab 4 NOOK 7.0
  • Samsung Galaxy Tab 4 NOOK 10.1
  • NOOK HD Tablet
  • NOOK HD+ Tablet
  • NOOK eReaders
  • NOOK Color
  • NOOK Tablet
  • Tablet/Phone
  • NOOK for Windows 8 Tablet
  • NOOK for iOS
  • NOOK for Android
  • NOOK Kids for iPad
  • PC/Mac
  • NOOK for Windows 8
  • NOOK for PC
  • NOOK for Mac
  • NOOK for Web

Want a NOOK? Explore Now

NOOK Book (eBook)
$10.49
BN.com price
(Save 38%)$16.95 List Price

Overview

Not everything that you might think is unfair in the workplace is actually illegal.

In order to fully protect your rights, you must understand them first. The Employee Answer Book, the latest addition to the Answer Book Series, answers real questions from real people. This book discusses federal employment law in detail and touches on employment law in all states. It provides explanations of employment issues in plain English and is easy to understand without needing an attorney to explain it to you.

Some topics covered include:

  • Employment law basics
  • Being injured on the job
  • When an employer is legally allowed to fire an employee
  • Discrimination
  • The federal protection that is offered to employees Mediation, arbitration, and negotiation
  • Severance agreements
  • Non-compete agreements
  • When you need an attorney
  • When to go to court
Read More Show Less

Product Details

  • ISBN-13: 9781402242182
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 4/1/2009
  • Series: Answer Book
  • Sold by: Barnes & Noble
  • Format: eBook
  • Pages: 352
  • File size: 2 MB

Meet the Author

Diana Brodman Summers received her JD from DePaul University College of Law in 1993 and passed the Bar Exam in Illinois. She has an undergraduate degree majoring in Business Administration and Computer Science from Roosevelt University. Currently, Ms. Summers maintains a law office concentrating on Employment Law for the employees in Lisle, Illinois, a suburb of Chicago.

Ms. Summers is an arbitrator for both the Cook and DuPage County mandatory arbitration programs. She is an active member of the DuPage County Bar Association, the DuPage Bar Association of Women Lawyers, and the Illinois State Bar Association. Ms. Summers has written articles and lectured on computerizing small law firms for the Illinois State Bar Association.
Read More Show Less

Read an Excerpt

Excerpt from They Can't Do That The Twenty-Five Myths of Employment Law

A myth is something that a lot of people believe is true or should be true but really is false. Employment law is especially complex andconfusing, so it is ripe for these types of beliefs. The problem comes when an employee relies on a myth or the word of an ill-informed friend when making crucial decisions about his or her employment. In my practice of helping employees, I have found several common myths that employees believe can hurt them when dealing with an employer.

The following are the top twenty-five general myths that most people believe are true about employment law. Most of these myths deal with issues of common fairness and doing the right thing for the workers.

Please note that while generally all these are myths and do not exist, in some states the elected officials in order to achieve fairness have turned one or more of these myths into actual law. Before you act, do your homework. Use the information provided in the appendices at the back of this book to research your state's laws.

Myth 1: A court can immediately stop my employer from terminating me.
The truth is that in employment law, unlike in criminal law, there are no emergency motions or quick fixes that can prevent an employer from terminating an employee. If the employee is a member of a union that has a contract with the employer, the employee may be able to get the union to fight against termination quicker than a nonunion employee could. There is no such thing in employment law as a temporary restraining order (TRO) that can keep the employer from terminating the employee.

Myth 2: Employers are legally required to have a legitimate or valid reason for any termination.
If the employee is considered at will that is, not under a union contract or an employment contract the employer does not need any reason for termination. The exception to this is an employer who terminates an employee due to reasons of specific discrimination. Then the employer is subject to a legal complaint, and in the legal proceeding the employer will be required to provide the court with a nondiscriminatory reason for the termination.

Myth 3: By law, a termination is not effective until the employer gives the employee written notice of termination.
Without a union or other contract, the employer is under no legal obligation to inform the employee of the reasons for the termination. At will employees can be terminated either verbally or in writing. There is no legal requirement for a written notice of termination. Again, in a discrimination complaint the employer may want to have such a document as evidence to prove that the reasons for the termination were not discriminatory.

Myth 4: The employer must follow all the steps of progressive discipline that are listed in the employee handbook.
An at will employee can be legally terminated without following any of the steps of progressive discipline found in the employee handbook or the policies in the employer's policy book. This is a source of much confusion, especially since the employee is required to follow the rules listed in the employee handbook or the employer can accuse the employee of a serious rule violation. Unfortunately the law does not require that the employer follow its own rules. However, if the employee files a discrimination complaint, the employer may be required to explain why it ignored its own rules and policies. Even in an action to obtain unemployment benefits, an employer that does not follow its own rules and policies is considered suspect as to the true reason for the termination. Union contracts and other types of employment contracts usually require certain steps of progressive discipline, except for what are considered to be serious violations.

Myth 5: My employer/manager/boss cannot legally give friends or relatives jobs or promote them over the current employees.
As long as the better treatment is not due to discrimination and is not contrary to a union or employment contract, the employer is free to hire or promote friends and relatives. Currently, no state makes it against the law to practice nepotism providing jobs for family members in the workplace. If an employee files a discrimination complaint against this employer, the hiring or promotion will probably be investigated to see if it violated the current discrimination laws.

Myth 6: An employee should never agree to a separation or severance agreement because he or she can get more money than is offered by suing the employer.
Each separation or severance agreement should be reviewed by a local employment attorney to make sure that all terms conform to the current law and that the employee is aware of the rights that he or she is giving up. In the majority of cases, taking an employer to court will not necessarily provide the employee with a larger windfall, unless the actions of the employer were so egregious that a court will find for the employee. Please remember that suing an employer does not always mean that the employee will end up with more money, especially after court costs and legal fees are deducted from the award. Again, the best bet is to have a local attorney review the agreement, advise the employee, and possibly enter into negotiations for additional benefits.

Myth 7: An employee cannot get unemployment benefits if he or she is getting severance from the employer.
Absent a clause in the severance agreement that prohibits the employee from obtaining unemployment benefits, a worker can get unemployment benefits even with a severance agreement. The employee must be totally off the company payroll before applying for unemployment benefits. In some cases the employer will pay the severance to the employee out of the payroll system. That may mean that the employee continues to get normal paychecks for a period of time until the severance amount is paid. In these instances the employer may then retain the employee as still employed in an inactive status. Many times the employer will do this while assisting the employee to find a new job through an outplacement association. That will delay unemployment benefits until the severance is paid in full. In the majority of cases the employee is provided with a check for the full amount of severance on the date of separation from the employer and can apply for unemployment immediately following.

Read More Show Less

Table of Contents

Introduction
They Can't Do That The Twenty-Five Myths of Employment Law

Section I: Employment Law Basics
Chapter 1: The Employee
Chapter 2: Government Employees
Chapter 3: The Law
Chapter 4: Attorneys Who Concentrate on Employment Law

Section II: The Employee-Employer Relationship
Chapter 5: The Hiring Process
Chapter 6: Actions That Can Affect the Employer-Employee Relationship
Chapter 7: Bullying in the Workplace

Section III: Common Violations of Employment Laws
Chapter 8: Discrimination
Chapter 9: Other Employment Issues

Section IV: Getting Relief
Chapter 10: Filing Complaints
Chapter 11: Going to Trial
Chapter 12: Obtaining Unemployment Benefits
Chapter 13: Workers' Compensation
Chapter 14: Family Medical Leave Act

Section V: Agreements between the Employer and the Employee
Chapter 15: Noncompete Agreements
Chapter 16: Severance and Settlement Agreements
Chapter 17: Mediations, Arbitrations, and Negotiations

Section VI: Looking Forward
Chapter 18: Remaining Employed and Preparing for a Legal Fight
Chapter 19: The Future of Employment Law

Glossary
Appendix A: Where to File Discrimination Complaints by State
Appendix B: Department of Labor (DOL), OSHA, and Other Government Agencies that Employees May Use by State
Appendix C: Unemployment Information by State
Appendix D: Workers' Compensation Programs by State
Appendix E: Internet Resources
Index
About the Author

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)