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!

Employee Privacy Rights

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Today's workplace has many pitfalls when it comes to employee privacy rights. While your employer is permitted to monitor certain aspects of your job in regards to business reasons, these things are limited to very specific things. Employers are not allowed to monitor your private communications or what you do when you're not at work (such as on breaks or before or after your shift). If you feel that you have been the victim of an invasion of privacy while at work, your attorney through our Legal Protection Subscription Plans for Individuals & Families may be able to help. A dedicated, experienced employment attorney will be able to give you advice and answer questions specific to your situation at no additional cost. Learn more about all the benefits of membership and read on for a brief overview of the types and kinds of privacy protection you should expect at work.

In the United States, employees have rights regarding their privacy at work, including email privacy, social media privacy, and personal privacy, prohibiting surveillance by management or other employees. These rights are constitutional rights, court decisions, and federal and state laws that act as legal protections prohibiting employers from disclosing employees' personal information. An example is the 1974 Federal Privacy Act that protects employees private information, requiring that government agencies protect this information from being disclosed without the employees' consent. Some states also have additional laws protecting employees personal information, including medical and financial information.

There is an additional "common law" privacy right that workers have that comes from court decisions, giving employees the right to maintain privacy of some information from the employer. One case involved a worker keeping her pregnancy private from her employer.

Employers monitor workers all the time for security purposes, but they are prohibited from monitoring employee actions, including Internet and email activity. The same laws that prohibit other areas of workplace privacy also prohibit employers from reading employee emails without consent. The Stored Communications Act prohibits employers from accessing or disclosing the contents of emails without the employee's consent, and this also extends to Internet activity.

Further, employers are not allowed to monitor employees' social media activity, including accessing posts, private messages, photos, or comments without a "business need" to do so. What does this mean? An example might be if one employee is sending threatening messages to another employee. The employer would then be able to access the private messages as part of an investigation.

However, when it comes to telephone calls, employees only have a limited right to privacy, as employers are allowed to monitor employee calls for business purposes, such as to make sure employees are staying within company policy or in cases of misconduct. This does not mean that your employer can listen to personal phone calls to ascertain who the employee is talking to or what they're discussing.

Employers have the right to video surveillance for "business purposes." Typically, this means that employers can use video equipment for security, workplace safety, or to monitor misconduct. However, these cannot be used to watch employees on breaks or to see what they're doing when they're not at work.

Employers also cannot open and monitor Postal mail meant for employees, as the USPS has strict rules about how employee mail can and cannot be handled by employers and mail meant for employees cannot be intercepted by your employer.

Another area of employee privacy that has become more prominent recently is tracking with the use of GPS. This is seen most often in the trucking and shipping industries, and it is used to keep track of freight and trucks, prevent theft, and to find ways to make the process more efficient. Although this kind of technology can be used to track employees, as well, it is prohibited unless the employee has given their consent.

Employers are generally prohibited from conducting physical searches of an employee's person, personal items, or personal workplace unless there is a legitimate business reason to do so, such as investigating theft or misconduct, but the employer must still get the employee's consent unless the employer has a legal warrant from the court that is served by law enforcement.

An employer can conduct credit checks and background checks to help determine if a potential employee has a criminal record or if they are stable financially. With few exceptions, these kinds of checks cannot be conducted without the employees' consent.

Privacy rights when you work from home - which much more common today than it used to be - are very similar to rights afforded at a traditional workplace. Your employer is not allowed to invade your privacy, but they are typically allowed to access data and files on equipment that belongs to them, or monitor the usage of such devices. Make sure you understand your company's privacy policy before agreeing to work from home.

Knowing what rights to privacy you have as an employee at work is essential. If you have concerns about privacy violations at work, contact your attorney through our Legal Protection Plans for Individuals & Families right away, and get answers to questions and advice for your specific situation at no additional cost or sign up today!

2023 Travel Tips

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The recent problems at airports across the country may have you wondering what your options are if your flights are canceled or delayed or if you run into other problems while traveling. Your attorney through our Legal Protection Subscription Plans for Individuals & Families will be able to give you legal advice for your specific situation for no additional cost. Learn more about all the benefits of membership and read on for a few basic travel tips for the coming year.

If Your Trip Is Canceled

Cancellations usually have to be caused by an event or a third party in order for you to have a legal case. There are some cases where you have legal standing if you have to cancel your trip, such as an illness, death or injury to a close family member, civil unrest, or military employment, to name a few. If you need to cancel your trip and you're having trouble getting a refund from the airline, your attorney may be able to give you advice and assistance.

If Your Flight Is Delayed

Delays longer than four hours may require that the airline reimburse you. You can be reimbursed for expenses such as lodging, meals, and other transportation caused by the delay. Delays caused by severe weather, maintenance, or other reasons may also be covered, so check with your provider attorney for advice about your specific situation.

Lost Luggage

Your suitcases and other luggage must be missing for a certain amount of time before it is considered lost. Make sure that you know what that amount of time is, and, if your luggage does become officially lost, you can be reimbursed for the value of the contents up to a certain amount.

Keep A List Of What You Packed

Making a list of everything of value that is packed into your suitcases or other luggage will help if your belongings are lost. If you pack items of value (such as cameras, jewelry, tablets, phones, etc), you may reach the upper limit of airline reimbursement. It's important to make wise choices regarding what you decide to pack.

Don't let the worries of potential issues keep you from enjoying travel this year. By preparing for the kinds of scenarios we're seeing across the country, you can still travel and enjoy your trip knowing that all your legal bases are covered if your flights are delayed or canceled or if your luggage gets lost. Learn more about all the benefits of membership or sign up now!

Traveler's Rights

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As people begin traveling again, you may find that airports are crowded, flights are cancelled, and that there are increased delays, and, while airlines and other travel-related businesses may give you a refund or voucher for your inconvenience, that isn't always the case. A smooth trip begins with knowing your rights as a traveler and consumer, and knowing what to do if your trip is delayed or cancelled. How do you know if you are owed compensation? What rights do you have as a traveler and consumer? Our network of dedicated attorneys in our network of law firms across North America and the UK can advise you on your specific situation at no additional cost to members of our Legal Protection Plans for Individuals & Families. In the meantime, here are a few traveling tips to protect your rights:

Your Options

When a flight is cancelled, sometimes, the airline will offer a refund or a different flight. Understanding the legal language used in these offers is important, because they are often confusing and unclear. If you are unsure what the language the airline has used in your offer means, you can ask the customer service representatives or ticket counter staff to clarify what it means for your situation. Some questions that might be pertinent to your situation include: Is the airline covering hotel costs associated with this delay?" and "What kind of compensation is the airline offering?"

Communication

If there are to be long delays, the airline should be communicating with you and giving you the most up-to-date information available. Alternate transportation should also be provided.

Terms, Rules, & Regulations

Airlines often have their own terms, conditions, rules, and regulations, and they are not required by law to give you refunds when flights are delayed or cancelled. However, most airlines have policies regarding these circumstances, and they should be publicly available. Make sure to read through what these stipulations are to determine if you are entitled to a refund or other compensation. Ask questions to make sure you understand all your options.

Typical Refund Eligibility

Don't assume you'll get a refund if your flight is cancelled or delayed. Because some things are out of the airlines' controls, they are not required to refund you, but most airlines have some considerations in their policies, including the length of the delay and what caused it. If your flight is significantly delayed, your cost may be refunded, but you should keep in mind that the U.S. Department of Transportation has not defined what qualifies as a "significant delay," so airlines typically make these considerations on a case-by-case basis. When flights are cancelled, airlines typically re-book your flight at no cost to you, many times, on the next flight out if there are enough available seats. If you decide to cancel your trip due to the delay, you are entitled to a refund for the travel, bag fees, and anything else you paid the airline for. When delays and cancellations are out of the airline's control, the Department of Transportation says that compensation is required only when passengers are removed from a flight due to overbooking. Some examples of things that are deemed out of control of the airline are: weather, air traffic control issues, political unrest, security problems, and terrorism. If the cause of the delay or cancellation is due to something under control of the airline, they may offer you a refund or other compensation. These reasons are things such as scheduling or labor strikes.

If your flight is delayed or cancelled, remain calm and make note of details. Take screenshots of communications between the airline and yourself and make note of the amount of time you wait. Ask questions and get clarifications before accepting vouchers, and if you have questions, ask your attorney. Our network of experienced, dedicated lawyers are available 24/7 through our app, so you can have your attorney look through the language of any offer you receive before you accept it. This is just one of the hundreds of benefits of having an attorney in your pocket through our Legal Protection Subscription Plans for Individuals & Families. Don't wait until you need them: sign up today!

Cyberbullying & The Law

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In our increasingly online world, cyberbullying has become all-too-common: more than 40% of Americans have experienced online harassment and nearly 70% have witnessed it. Those who bully others can be classmates, co-workers, or even complete strangers. Often, these bullies create multiple fictitious accounts to avoid being caught and facing repercussions. The anonymity of the Internet and the slow response by authorities to threats in the online world have harmed millions of Americans. Your attorney through our Legal Protection Subscription Plans can give you expert, detailed advice pertaining to your situation if you ever find yourself or someone you love being cyberbullied. Read on for more information about cyberbullying and what can be done about it.

Cyberbullying can be many things, including:

• Publication of personal identifying information (doxxing)

• Cyberstalking

• Posting falsehoods and rumors

• Threats

• Publishing personal or intimate photos

• Spamming public sites with negative reviews (Yelp, etc)

• Impersonating someone

• Violating restraining orders or protective orders

Cyberbullying can feel like it will never end and can be extremely cruel, causing severe emotional trauma and even physical harm. All 50 US states have some form of cyberbullying law, but these laws vary significantly from state-to-state. Some states have anonymous reporting systems, education programs for students and school staff, and punishments, including suspensions or expulsions. In some states, cyberbullying can be a misdemeanor that can result in jail term of up to one year. In some states, cyberbullying may be prosecuted as a felony.

Unfortunately, there is no Federal cyberbullying law; however, some Federal statutes regarding discrimination based on nationality, race, gender, color, gender identity, disability, age, religion, and sexual orientation come into play if the harassment is based on any of those traits. Federally funded schools are obligated to investigate and resolve harassment and bullying in these cases.

Some steps you can take if you or someone you know is the victim of cyberbullying:

• Review and understand the Terms of Service (TOS) of the platform on which the harassment occurred when bullies violate the rules

• Document all threats and harassment with screenshots and print outs for possible use in court

• Report the harassment to the platform where the bullying happened to report a violation of their Terms of Service

• Report anonymous accounts

• Report multiple accounts run by the same person

• Block the perpetrator(s)

• If you're a parent and the victim is your child, review your child's online communications

• Make sure you know all your child's login information where they spend time online

• "Follow" your child's social media accounts

• Any threat that includes threats to use firearms or explosives should be immediately reported to the FBI

• Let your local police know about the situation; if you later become the victim of "swatting" (the harassment of calling police with fake emergency situations such as hostages or home invasions), the police may contact you first before sending out a SWAT team to your home

• If the bullying is happening at school, let the school administration know

If you're dealing with online threats and harassment, your attorney through our Legal Protection Plan for Individuals and Families can advise you of your rights in your state, county, city, and school district, and give you advice on the next steps to take. Our network of dedicated, experienced attorneys can provide you with quick answers for bullying and harassment, as well as any other legal issue you may be having, all for one low, monthly fee, starting at just $29.95. Learn more about our Legal Protection Plans or Sign Up Now!

Toxic Workplaces, Whistleblowers, and Retaliation: Worker's Rights

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Employees publicly calling out the unethical behavior of their employers is nothing new, but recent cases at Theranos and Facebook have been major national news in recent months. Employees call out bad behavior at work places of all sizes all the time. If you know something unethical or unsafe is happening where you work but you don't know who to turn to for advice, our legal subscription plans for individuals and families may be the answer. You'll be able to ask a qualified, dedicated attorney questions about your employment and your employer's unethical behavior and get advice and answers, sometimes, the same day you sign up. You'll also be able to talk to provider attorneys about an unlimited number of other issues at no additional cost. In the meantime, here is a brief overview of workplace whistleblowing.

You Have A Right To Speak Up

As an employee, you have a right to say something if you see something wrong or unethical. Gather your facts and questions and have a private conversation with your immediate supervisor. Follow your employer's policy for reporting misconduct and make sure to keep a careful record of what is said in your meeting.

Employer Retaliation

Most people think that speaking up when you witness something wrong would be encouraged, but many employees don't speak up for fear of retaliation from their employer. Retaliation can take many forms, including:

• Firing the employee

• Transferring the employee to a different job or location

• Reducing salary

• Changing the employee's role

• Denying promotions

• Removing responsibilities or access

• Threatening to do any of these things

Fear of retaliation is the main reason that employees do not report unethical or bad behavior when they see it. If you report something and think your employer is retaliating against you, here are some things you can do:

• Ask your employer why the retaliatory actions took place. Is their explanation reasonable?

• If not, voice concerns about retaliation

• If the retaliation is denied (and it probably will be) take the issue to the Equal Employment Opportunity Commission (EEOC) or the fair employment agency in your state

• Consult with an attorney about what to do next

Speaking up when you see something wrong or unethical is very important, and the fear of retaliation is real. Laws exist to protect whistleblowers against retaliation, and your provider attorney can advise you on your rights as an employee, what do to in these situations, and help you protect your rights while doing the right thing. Getting advice from dedicated attorneys who are experts in employment law is easy and cost effective with our legal subscription plans. Learn more about our plans for individuals and families or sign up today!