Long Distance FMLA “LEAVE” Affair!
A recent court ruling (Baham v. McLane Foodservice Inc., 5th Cir., 7/1/11) of an unusual case has further defined what “care” means under the Family Medical Leave Act. The new ruling gives your employer greater control to dictate your movements when taking FMLA leave.
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The Claustrophobic Cubicle
One of the latest ADAAA (Americans with Disabilities Act Amendment Act) cases filed involves the settlement of what’s being called the “cubicle case”. A former data technician at the University Medical Center in Nevada was terminated for not being able to perform her job. This case spells bad news for employers that have a culture of not respecting or violating the basic rights of their employees.
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What Are Basic Worker Rights?
Career seekers and employees have various state and federal laws protecting them in the workplace. Basic worker rights are available to everyone in the U.S. These basic workplace rights are usually provided through employment and labor law. Basic job rights are also obtained through the right to form unions.
Beyond unions is what’s called “At Will” employment doctrine. Most of the U.S. is employment “At Will”, which means an employee can be terminated for any reason, good reason or no reason. This only applies if the reason is not due to some violation of discrimination laws protecting employees and job applicants.
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Your Boss Wants To Thank You!
Employers love it when career seekers and employees walk into the workplace like “deer in the headlights”. My research and experience shows over 90% of job applicants accept employment with little or NO knowledge of their Basic Employee Rights!
Many employers know this and count on it to maintain an unfair and illegal advantage. How much easier is it to violate an employee or job applicants rights when they are ignorant of those rights.
When employees are the victims of wrongful termination they often realize too late what should have been learned.
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Employers Will Label You a “Troublemaker”
Employers are being encouraged by HR professionals and employer rights attorneys to weed out “troublemakers” before they get hired. They reason that hiring employees that are truly “qualified” and are “good fits” for the company will not become a problem. It is proper and necessary for businesses and organizations to conduct proper job interviews and meaningful background and reference checks of all job applicants. However, the question every career seeker and employee must ask is how do you define “troublemaker”, “qualified” and “good fits”??
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