Employment and Employee Benefits
DENIED UNEMPLOYMENT INSURANCE BENEFITS?
If you are looking to increase your chances of winning your unemployment hearing or appeal by hiring a representative, our standard charge for representation at a single typical unemployment appeal hearing (regardless of scope or subject) is $675-$1275. Most hearings are done for the flat rate of $975, paid in advance, so long as the [...]
TITLE VII’S PREGNANCY-RELATED PROTECTIONS
The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. This is a summary of some of the pregnancy-related protections arising thereunder but it, like all other material on this website, is not necessarily exhaustive or current. Discrimination on the basis of pregnancy, childbirth, or related medical conditions [...]
PREGNANCY DISCRIMINATION AND MATERNITY LEAVE
Title VII of the Civil Rights Act of 1964 made it a prohibited activity for an employer to discriminate on the basis of a person’s race, creed/religion, national origin or sex. In 1978, the Act was amended to include the Pregnancy Discrimination Act. The Pregnancy Discrimination Act was signed into law by President Jimmy Carter [...]
MIXED LEGITIMATE AND NON-LEGITIMATE MOTIVES FOR ADVERSE EMPLOYMENT ACTION
The Supreme Court has ruled that direct evidence is not required for a plaintiff to prove that discrimination was a motivating factor in a “mixed-motive” case, i.e., a case in which an employer asserts both legitimate and illegitimate reasons for taking adverse employment action against an employee/applicant. Desert Palace Inc. v. Costa Boyer, 539 U.S. [...]
LOUDERMILL RIGHTS OF PUBLIC EMPLOYEES TO A PRE-TERMINATION HEARING
In a decision announcing a Constitutional right for public employees not possessed by private employees, the Supreme Court in Cleveland Board of Education v. Loudermill held that most public employees are entitled to a hearing before they are discharged. However, the “hearing” is not a full evidentiary hearing and need not include the opportunity to [...]
401K RETIREMENT PLAN HARDSHIP WITHDRAWALS
A hardship withdrawal is just what it sounds like – a withdrawal from your 401(k) account to help cover the costs of a serious financial emergency. But even if your plan allows these withdrawals, and not all plans do, you should probably think of it as a last resort. Hardship withdrawals are allowed by law, [...]