Maybe you're just curious. Or maybe you're the cautious type of soul who likes to think ahead and prevent a wrong before it happens. But the best bet is that you are reading this book because you already have a work-related problem:
You were not hired for a job and you have good reason to suspect it was because of your race. Or your disability.
Your employer promoted a less-qualified person to fill a position you were promised.
You want to know your legal rights if you consistently work overtime. Or if you want to take a leave to care for a sick parent. Or if you are called to serve on a jury.
You have just been laid off and you're wondering if you have the right to get your job back. Or to get unemployment payments in the meantime. Or whether your employer owes you severance pay.
You want to help evaluate a new job you've been offered. Or you want to find out your legal rights as a jobseeker.
This book will help you understand the legal rights that apply to your situation. It explains federal workplace laws -- such as those guaranteeing your rights to be paid fairly and on time and to work free from discrimination. It also explains the twists state law may place on your workplace rights -- regulating, for example, both your right to smoke and your right to work in a smoke-free place, or whether or not you are entitled to time off work to vote or to care for a sick child.
Tackling a potential workplace problem can feel difficult, so heed that noble adage: Simplify, simplify. Better still: Simplify. Woe unto the reader whose concerns span every chapter. Proceed to the chapters that discuss the substance of your problem and skip the rest for now.
Also, be aware that there are many public and private agencies, groups, and organizations that specialize in workplace issues, and many of them provide free -- or low-cost -- counseling, support, or referrals. You will find information on these organizations peppered throughout the book, and a comprehensive listing in the appendix.
Analyzing Your Options
If something is amiss in your workplace and you have turned to watercooler wisdom, commuter train tales, or locker room skinny, you may have come away with the same urging: Sue.
For most people, that is bad advice. The courtroom is usually the worst place to resolve workplace disputes. Most of them can be handled more efficiently and much more effectively in the workplace itself -- through mediation, arbitration or, most often, by honest conversation.
If you have suffered an insult, an injury, or a wrong at work, you are probably feeling angry or hurt. If you have lost your job, you may be hurting financially, too. All of this is likely to cloud your ability to make well-reasoned decisions. So go slowly. Decide what you want to gain. If an apology from your employer would suffice, save yourself the time and expense of filing a legal action.
Talking It Over With Your Employer
Do not overlook the obvious: First try talking over your workplace problem with your employer. An intelligent discussion can resolve most wrongs -- or at least get your differences out on the table. Most companies want to stay within the law and avoid legal tangles. So the odds are that your problem is the result of an oversight, a misunderstanding, or a lack of legal knowledge.
Synopsis
An easy-to-read guide to the laws that protect you in the workplace!
Table of Contents
1. Your Rights in the Workplace
2. Wages and Hours
3. Health Insurance
No Legal Right to Coverage
Coverage for Current Employees
Coverage for Former Employees
Individual Health Insurance
State Laws on Insurance Continuation
Utilization Review
4. Family and Medical Leave
The Family and Medical Leave Act
State Laws on Family Leave
The Pregnancy Discrimination Act
Work/Life Balance
5. Privacy Rights
Your Personnel Records
Workplace Testing
Surveillance and Monitoring
Searches and Seizures
Clothing and Grooming Codes
Conduct Codes
6. Health and Safety
The Occupational Safety and Health Act
Enforcing OSHA Rights
Criminal Actions for OSHA Violations
State and Local Health and Safety Laws
Tobacco Smoke in the Workplace
Pesticide Laws
Hazardous Substances Laws
Violence in the Workplace
7. Illegal Discrimination
Title VII of the Civil Rights Act
State Laws Prohibiting Discrimination in Employment
State and Local Anti-Discrimination Laws
The Equal Pay Act
The Age Discrimination in Employment Act
The Older Workers Benefit Protection Act
The Americans With Disabilities Act
Discrimination Against Workers With HIV or AIDS
Discrimination Against Gay and Lesbian Workers
8. Sexual Harassment
The Effects of Sexual Harassment
Federal Law
State Laws
Taking Steps to End Sexual Harassment
Where to Get More Information
9. Losing or Leaving a Job
The Doctrine of Employment at Will
When a Firing May Be Illegal
Employees' Rights
Finding Out the Reason
Getting Documentation
Waiving Your Right to Sue
Taking Action Against Your Dismissal
Plant Closings
10. After a Job Loss
Your Final Paycheck
Severance Pay
State Laws That Control Final Paychecks
Getting References
Collecting Fringe Benefits
Outplacement Programs
Replacing Your Income
Agreements Not to Compete
Blacklisting
11. Unemployment
Who Is Covered
Being Disqualified for Benefits
Calculating Your Benefits
Filing a Claim
Appealing Benefit Decisions
12. Workers' Compensation
Who Is Covered
Conditions Covered
The Right to Medical Care
Filing a Workers' Compensation Claim
Calculating Benefits
State Workers' Compensation Offices
Related Lawsuits for Work Injuries
13. Social Security Disability Insurance
Who Is Covered
Disabilities Covered
Dependents Entitled to Benefits
Filing a Social Security Claim
Appealing a Denied Claim
Collecting Other Benefits
15. Labor Unions
Federal Laws
State Laws
The Bargaining Unit
Types of Union Work Situations
Union Elections
The Right to Unionize
The Right to De-Unionize
Where to Get More Help
16. Immigration Issues
Federal Law
Documentation Required to Work in the US
Illegal Discrimination
English-Only Rules
17. Lawyers and Legal Research
Mediation and Arbitration
Small Claims Court
Class Action Lawsuits
Hiring a Lawyer
Legal Research
Appendix
Resources
Index
Reviews
BusinessWeek...
"Helps you decide whether to see a lawyer if you think you've been fired without cause, faced discrimination or harassment, or otherwise been treated unfairly."
Detroit News...
"An easy-to-use guide of employee legal rights, suggested strategies and resources."
Bob Rosner, syndicated columnist, New York Daily News...
"This book is a great resource on workers' rights, covering everything from affirmative action to wrongful demotion."
About the Author
Barbara Kate Repa is an attorney and expert on employment rights. She has been a guest on national radio and television including The Today Show, ABC News, NPR, CNBC, Court TV, KFI and KGO radio and has been quoted in a number of publications including The New York Times, The Wall Street Journal, The San Francisco Chronicle, USA Today and more. Author of Avoid Employee Lawsuits, Your Rights in the Workplace and Sexual Harassment on the Job, Ms. Repa is an author and editor at Nolo.com. She has 20 years of experience working as a legal journalist covering workplace issues, and more recently, as a consultant on workplace discrimination. She currently lives in San Francisco.
