LABOR UNDER FIRE
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Labor Under Fire does not give any form of legal advice but is offered as a means for an employee and/or employer to research labor problems  present to a considered legal action.   Labor Under Fire advises all employee's to contact a Labor lawyer, to obtain legal advise and/or guidance for any labor problems.  Labor Under Fire conceders the employer to already to have an attorney on retainer.
Tims Missouri Employment Law
By Attorney Tim Willoughby

http://www.timslaw.com
WHATS UP
MAGAZINE
IS A ST. LOUIS STREET NEWS PUBLICATION DISTRIBUTED BY AND FOR THE HOMELESS AND DISADVANTAGED

whatsupstl.com
LABOR UNDER FIRE CODE OF ETHICS
"It is not a matter of right or wrong, it is not a matter of moral or immoral but a matter of manipulation".
Feb. 11, 2003
By
Anthony M. Streckfuss
EMPLOYER      HARASSMENT
Hostile Work Environment

Introduction to this Article's main points:

There is no law that mandates that the employer be
courteous and decent. But there are laws that forbid certain kinds of mistreatment under certain circumstances.

The employer's "hostile" conduct toward you can be relevant and useful in court if you find yourself in a legal dispute on some legal theory, even if your case is not, officially, a "hostile environment" case.

To determine if you have an official "hostile environment" case, lawyers look primarily at the law of Discrimination or Wrongful Termination or Retaliation or even Contract Law.

When the employer creates or tolerates a "hostile environment" directed at you, the employer might be trying to force you to quit.  Beware.  Please read about constructive Discharge before you resign, and consider seeing a lawyer.

Lawyers can often help you resolve hostile environment problems efficiently.  Consider calling a lawyer right away.

Caution: As with almost everything on this website, this article focuses on the rights of private employees.  Once again, if you work for the government then please read my article about Government employees.


TimsLaw.com
The Labor Market Impact of State-Level Anti-Discrimination Laws, 1940 - 1960

By the time congress passed the 1964 Civil Rights Act, 98% of non-southern blacks (40% of all blacks) already resided in states with "fair employment" laws prohibiting labor market discrimination.  This paper extends the previous work in a number ways of provides a richer account of when, where, for whom, and how much these laws mattered.  Using census data from the Integrated Public Use Microdata Series, the impact of fair employment legislation on black workers' relative income, unemployment, labor force participation, migration, and occupational and industrial distributions is assessed.  In general, the fair employment laws adopted in the 1940's appear to have had larger effects than those adopted in the 1950's, and the laws had considerable smaller effects on the labor market outcomes of black men than on those of black women.


Document
Why It's Difficult to Fight Back Against Sexual
     Harassment.


The critical background fact: Without any mad intentions, there is usually quite a bit of teasing and flirting going on between employees of the opposite sex in every kind of workplace.  Most people think this is perfectly normal, and believe that a lot of relationships and marriages get started this way.  It is NOT the intention of the laws against sexual harassment to stop this normal teasing and flirting, but it is also clear that we can't allow this normal teasing and flirting between the sexes to nullify the existing sexual harassment laws.


Sexual Harrassment
Sexual Harrassment

The Supreme Court on June 26, 1998, made employers more liable for incidents of sexual harassment.  Ruling on two sexual harassment cases, Faragher v. City of Boca Raton, and Burlington Industries Inc. v. Ellerth, the Supreme Court basically stated that the employer is responsible for the actions of the supervisor, even when the employer is unaware of the supervisor's behavior.  An employer can no longer claim that they did not know about the sexual harassment because the employee did not inform them, nor can they claim that they were unaware of the supervisor's behavior.


Employer-Employee
Defamation Claims by Fired Employees

Wrongful discharge claims by fired employees often include causes of action for defamation in which the plaintiff alleges that the former employer published false statements to others regarding the reasons for the discharge.  In New York, these claims rarely succeed and courts routinely dismiss such claims based on the broad privilege defenses available to employers.

FindLaw
Employment Discrimination

In the U.S., employment discrimination occurs whenever an employer or its representatives adversely single out employees or applicants on the basis of age, race, gender, sexual orientation, disability, religion and a variety of other reasons (included in the law links on the next page.)

About.com
Avoiding Defamation in the Workplace, Giving References and Disciplining Employees While Avoiding Liability
By Mark R. Hormak

Increasingly, people who are unable to find work are blaming former employers for hindering their job search by giving negative references to prospective employers.  This blame often evolves into a lawsuit for defamation, although the theories of intentional infliction of emotional distress, interference with contract, invasion of privacy, and discrimination have all been used in an attempt to make a former employer pay for an ex-employee's misfortune.

FindLaw
Professional Ethics Wrongful Discharge
By Ronald B. Standler

I
n My essay on academic freedom in the USA, I argued that the legal concept of academic freedom in the USA was mostly an illusion.  The previous essay in this series, on freedom of speech of government employees, discussed U.S. Supreme Court opinions on the right of government employees to criticize their employer, under the First Amendment to the U.S. constitution, then examined how lower courts have applied the holdings of these Supreme Court cases to situations involving university professors at state colleges.

Ethics & Wrongful Discharge
I JUST GOT FIRED FROM MY JOB.  CAN MY EMPLOYER FIRE ME FOR NO APPARENT REASON?

I
n most states of the United States all employees are considered "at-will" employees.  That means that the employer can terminate or change the employment relationship "at-will" unless there is a contract with the employer.  In general, an employer can fire an "at-will" employee, or change the employee's position or compensation with no notice and no reason.  Likewise, the employee can terminate his employment "at-will" without notice or reason.

Free Advice
Taking Sides: Employers Must Deter Potential Retaliation by Non-Supervisory Co-Workers Against Employees Who Complain of Sexual Harassment
April 2001

Employees are protected by both federal and state laws against retaliation for engaging in legally protected activities such as, reporting sexual harassment to a state or federal agency or complainging to employer directly.  These laws prohibit employers from taking retaliatory action against employees who have reported or opposed actions that they reasonabl to constitute sexual harassment in the workplace.

LaborEmploymentUpdate
Employee loses discrimination case, wins $3 Million + for Retaliation
04-05-00
By
Ann Kiermam

Did you know that an employer can be found liable for retaliation against an employee who raises a discrimination issue, even if there was no underlying discrimination?  One employer just got a multi-million dollar lesson on the sugject.


FairMeasures.com
Retaliatory Employer Hit with $300,000 Punitive Damages
By
Maura M. Jakola
Winter 2003

Even when an employer is confident that an allegation of discrimination is meritless, the company must still consider whether its actions following such an allegation may constitute retaliation.  Indeed, the Seventh Circuit Court of Apples recently upheld a jury verdict for a female plaintiff based on      the Title VII retaliation charge, even though the court had dismissed her sex discrimination claims.  The jury awarded the plaintiff
$3.5 million in punitive damages.

Testa,Hurwitz&Thibeault
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The following stories and articles rate by LUF:

*                                         A must read for the employee easy to understand and read
**
                                    Helpful but needs something more                                      
***
                              You  will have to reread to follow                                         
****
                            This will puts you to sleep, dry boring                                  
*****
                        Time to go to college                                                                 ***************************************************
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