Maternity Leave & Your Rights

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When you're expecting, the last thing you should have to think about is your rights at work, but some employers deny workers rights to maternity leave. Workers have various Federal, state, and local laws governing maternity leave, and if you find yourself fighting with your employer over your right to maternity leave, your attorney through our Legal Protection Subscription Plans for Individuals & Families can walk you through your options based on the laws of the state where you live, as well as give you advice for your specific situation. Learn more about all the benefits of membership, and read on for a brief overview of maternity leave rights.

Maternity leave allows mothers to have time away from their jobs in order to rest and recuperate from child birth as well as bond with and care for their newborns. Depending on your employment situation, this kind of leave will most likely be unpaid, as paid maternity leave is rare in the United States. Federal Law through the Family and Medical Leave Act (FMLA) requires that your employer give you 12 weeks of unpaid, job-protected maternity leave; unfortunately, this law only applies if your employer has more than 50 employees. Since October of 2020, Federal employees are guaranteed 12 weeks of paid parental leave, but maternity leave laws vary from state to state for non-Federal employees.

FMLA leave has eligibility rules, including that you have worked for your employer for at least a year, and 1,250 hours in the 12 months preceding when the leave begins. The employer must have more than 50 employees, or be a public agency or a school. The FMLA only covers new mothers so that they have time to bond with their child, and this applies to adoptive parents, as well.

Employers are not required to pay employees while on FMLA maternity leave, but some employers do offer paid leave, though they are not required to by any federal, state, or local law in the United States. The Civil Rights Act of 1964 and the Pregnancy Discrimination Act of 1978 provide some additional protections for a pregnant person's job if they need time off due to child birth, as well.

If your employer is resisting giving you time off for maternity leave, you may need to advocate for yourself, and knowing the laws in your state will be very helpful in this situation. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you advice based on your specific situation and your state of residence or employment, including help filing a claim with the Equal Employment Opportunity Commission (EEOC), a governmental body that enforces Federal laws that make it illegal for employers to discriminate against employees. Learn more about all the benefits of membership or sign up today to protect your rights!

Random Drug Tests & Your Rights

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In workplaces across the US, random drug tests have become increasingly common since the late 1980s when employers were required by federal laws to have drug testing policies in their employee guidelines. What rights do employees have when it comes to random drug testing? Are random drug tests legal? Do you have the right to be informed about an upcoming drug test or can you be tested without warning? If you have questions about workers' rights or other employment-related concerns, your attorney through our Legal Protection Plans for Individuals & Families will be able to give you personalized advice and assistance for your specific situation. Learn more about our Subscription Plans and read on for more info about randomized drug testing.

Random drug testing is unannounced, randomized testing of employees to see if they test positive for illicit substances. These are commonly conducted using urine analysis tests that can detect traces of illegal drugs and other substances for some time after the drug use occurred and long after the effects have worn off. Federal law states that employers have the right to drug test employees, but some states also have laws governing how random drug tests are to be conducted, so it is important for employees to know the laws of their state in regards to random drug tests.

The first question people generally ask is, "Can I refuse a random drug test from my employer?" And the most basic answer to that question is no. If your employer has a published policy in place requiring random drug tests, you will have to comply or risk punishment, up to and including being fired from your job. You may be able to get a medical exception from your doctor if you have a disability that prevents you from taking urine tests or if your state has laws that prohibit random drug tests. However, whenever you refuse a drug test from your employer, you do risk disciplinary action, which may include termination.

The second question people typically ask is, "Is it legal for my employer to require me to take a random drug test?" As long as they follow local, state, and federal rules and procedures, employers have the right to test employees for drugs. These rules essentially say that the testing must be conducted in an impartial and fair manner and that all employees have an equal chance of being selected for each random test. No employee should be chosen for testing more than once. Company policies regarding random drug tests need to be clearly outlined in employee handbooks or other employment materials given to employees.

The next question people ask is generally, "Can I contest the results of drug test?" The answer is yes. If you test positive but haven't taken any illicit substances, you should immediately ask to take another test, as you may have gotten a false positive. Nearly all employers will be happy to test you again. If your employer refuses to test you again, taking another test from an outside firm or medical facility usually won't do you any good, as employers are not required to accept those results and can still fire you. If you receive a false positive drug analysis test, you should call your attorney immediately. Depending on the circumstances of your particular case, the state you live in, and other factors, you may have a case for appealing any disciplinary action from your employer, whether that be probation, being laid off, or being terminated.

If you have been punished or fired from your position due to random drug testing, an employment law attorney may be able to help you file an appeal or a wrongful termination suit, depending on the circumstances in your case. Your attorney through our Legal Protection Plans for Individuals & Families will be able to give you advice and help you understand your rights as they pertain to your specific case. Learn more about all the benefits of membership or sign up today!

What To Know About Wrongful Termination

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Wrongful termination can happen for a number of reasons: retaliation, discrimination, economic reasons, because the employer doesn't like the employee, or for no reason at all. If you've ever been wrongfully fired from your job, you can protect yourself in a few ways, including getting advice from a dedicated, experienced employment law attorney through our Legal Protection Subscription Plans for Individuals & Families. For just $29.95 per month, you can get legal help for any workplace issues - or any other personal legal issues - you may be having, at no additional cost. Learn more about all the benefits of membership and read on for information about wrongful termination.

When employees are fired in violation of state or federal laws, it is called wrongful termination. Most commonly, wrongful termination happens due to discrimination for gender, sexual orientation, race, religion, age, or disability, but also happens as punishment for employees "blowing the whistle" by filing a complaint or testifying against the company in a lawsuit. An example would be an employee getting fired after filing a sexual harassment claim.

There are two types of wrongful termination: Discharge In Violation of Public Policy and Discharge in Violation of Employment Agreement. If an employee were fired after refusing to commit an illegal act, such as committing fraud or ignoring safety regulations, that would be a wrongful termination in violation of public policy. If an employee is fired and they have a written employment contract stating they must be fired for cause, that is an example of Discharge in Violation of Employment Agreement. Additionally, some states protect workers' jobs by mandating that they cannot be fired for jury service. If you are promised a severance upon discharge and do not receive the money - or the full amount stated in the contract - this is also considered a breach of contract.

Employees who are wrongfully terminated have rights and can file suit against their former employer, may be entitled to receive back pay or wages that would have been earned if the employer had not fired them, and may be awarded punitive damages, as well.

If you've been wrongfully terminated, it is important to consult with an employment attorney as soon as possible. Your attorney will be able to give you advice based on your specific situation and develop a plan of action. Your attorney may even be able to help you negotiate a severance package. Gather all documentation to support your case, including performance reviews, communications (texts, emails, letters, messages, memos, etc). It is important to collect and preserve these documents on your end as soon as possible as your employer may destroy them once a claim is filed.

You should also understand the laws of wrongful termination where you live, as states have varying statutes of limitation on wrongful termination cases. You should also document the company's procedures and policies on termination, as they may have violated their own policies when they fired you. Additionally, some companies put it in their policies that wrongful termination cases must go through arbitration or appeals before a lawsuit can be filed.

In cases like these, your very best defense is to contact and consult with an experienced employment attorney as soon as possible. Your attorney will be able to give you more information on the type and kind of documents and evidence to preserve - particularly if you haven't been fired yet but believe that you will be soon - and tell you whether or not you have a valid claim and what kind of damages you may be entitled to, as well as giving you advice on navigating the entire process while protecting your rights.

The most important thing to remember is to not sign any documents or make any agreements until you've talked with your attorney, as these may be offers of severance that also waive your right to a lawsuit. Additionally, you should not post about the case or your job on social media or web sites as your employer will be able to use those posts in court. Finally, avoid speaking to anyone associated with the company without your attorney present. Let them know that all communication should go through your attorney.

Getting fired is generally stressful and can be emotional, and it is more so when you are terminated wrongfully. These kinds of cases can be hard to prove, but with the help of an experienced, dedicated lawyer from our network of law firms throughout the US, Canada, and the UK, you will increase your chances of proving your case and getting justice. Your attorney will be able to assist you in collecting strong evidence, navigating the process, and giving you advice throughout the process. Learn more about the benefits of subscribing to our Legal Protection Plans for Individuals & Families, or sign up now!