Martin D. Haverly, Attorney at LawWilmington Employment Law Attorneys | Delaware Personal Injury Lawyer2024-03-11T18:47:35Zhttps://www.haverlylaw.com/feed/atom/WordPressOn Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487452024-03-04T19:47:43Z2024-03-11T18:47:35ZReviewing the handbook
The first step is to examine the official policies with a fine-toothed comb. One should especially scrutinize the sections outlining disciplinary procedures, performance demands and the termination process. Knowing these specifics can help identify whether an employer is following the rules.
Comparing policies to experience
After analyzing the relevant protocols, contrast them with the events leading up to the firing. Did the employer follow the process as it appears on the written page? Are the reasons for letting go of the staffer consistent with the code regarding behavior or performance? Discrepancies may strongly suggest wrongful termination.
Documenting policy infringements
If an employer does not adhere to the company's policies, such breaches require preservation. Aggrieved parties should note any skipped or ignored steps. For example, if the handbook states that employees will receive three warnings before termination and the worker goes home after only one, it would amount to a violation.
Gathering additional evidence
Besides the employee handbook, other exhibits can strengthen a wrongful termination case. Emails, memos and performance reviews might suggest wrongdoing on behalf of the employer. Witness statements from coworkers or supervisors are also sometimes invaluable.
By exploring company mandates and compiling the actual events of the firing, one may demonstrate to a judge and jury why their job loss is inappropriate. A favorable ruling could mean the difference between fiscal solvency and bankruptcy.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487432024-02-21T03:34:53Z2024-02-27T03:34:35ZViolation of laws
Wrongful termination often involves a breach of specific federal or state laws. Certain regulations protect employees from getting the boot based on race, color, religion, sex, national origin, age, disability or genetic information. If an employer ends someone's employment for one of these reasons, it constitutes wrongful termination.
Breach of contract
Sometimes, an employee has a written contract promising job security for a certain period or setting specific conditions for firing. If the employer does not honor these terms, it can provide a basis for a wrongful termination lawsuit. Similarly, implied contracts, created through company policies or oral assurances, may also form the basis of a wrongful termination claim.
Retaliation
Employers cannot sack employees for engaging in protected activities, such as filing a complaint about workplace safety or participating in an investigation against the employer. Discharges that are retaliation against employees exercising their rights under labor laws remain strictly outlawed.
Violation of public policy
Dropping an employee for reasons that contradict public policy also constitutes wrongful termination. This includes letting someone go for taking time off work to vote, serve on a jury or participate in other civic duties protected by law. Moreover, dismissing a worker for refusing to engage in illegal activities at the request of a superior falls under this category.
Wrongful termination cases hinge on proving impropriety. Those who believe they are subject to an unjust firing should gather as much evidence as possible to support their claims.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487412024-02-06T19:10:01Z2024-02-09T19:09:55Z1. Lack of transparency
One of the most common signs of a potential ERISA fiduciary breach is a lack of transparency regarding your retirement plan. If you find it difficult to obtain clear and understandable information about your plan's fees, investment options or performance, it could be a red flag.
2. Conflicts of interest
Another warning sign is conflicts of interest among those responsible for managing your retirement plan. For example, if your employer's chosen investment options primarily benefit the company or if you discover undisclosed relationships between plan administrators and investment providers, it could indicate a breach of fiduciary duty.
3. High fees
Excessive fees can eat away at your retirement savings over time. If you notice unusually high fees associated with your retirement plan, it is worth examining whether those fees are reasonable compared to the services provided. A significant disparity could indicate a breach of fiduciary duty.
4. Failure to diversify
Diversification is key to mitigating risk in investment portfolios. If your retirement plan lacks diversification or offers limited investment options, it may suggest that the plan administrators are not prudently managing your investments. In some instances, that is happening across the board, potentially resulting in millions of lost dollars for employees.
If you suspect a breach of fiduciary duty concerning your retirement plan, you have options. By staying vigilant, you can help protect your hard-earned retirement savings from potential misconduct.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487392024-01-25T02:02:52Z2024-01-27T02:02:01ZPrevalence against men
The National Sexual Violence Resource Center reported that 14% of males have reported workplace sexual harassment. In comparison, 38% of women report similar experiences. However, these numbers likely only scratch the surface, as many victims hesitate to report their situation.
Challenges for male victims
Male victims of sexual harassment struggle with societal expectations and stereotypes. Fear of retaliation and concerns about a perceived weakness in handling harassment often prevent men from reporting these incidents.
In a culture where discussions primarily focus on females, men may find it difficult to find support. Breaking through stereotypes and developing an environment where both male and female victims feel empowered to speak out is essential for addressing the problem.
Harassment against men is not limited to a specific gender of the harasser. Women can perpetrate harassment against men. Men can also face harassment from their male colleagues. Recognizing the various types of harassment and understanding the power dynamics helps build a safer workplace for everyone. By encouraging open dialogue, everyone can work towards fostering a culture of respect.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487372024-01-18T20:07:08Z2024-01-22T20:06:05ZBroad geographic restrictions
One sign that your non-compete may not hold up is if it bars you from working anywhere in the entire country or world. Most courts require geographic limits to be reasonable and tied to where the company operates.
Long time frames
Another red flag is a non-compete duration that extends longer than needed to protect the company’s interests. Agreements lasting multiple years or your whole career are unlikely to be reasonable restrictions in the eyes of the law.
Lack of consideration
Most states require non-competes to provide employees something of value, known legally as "consideration," in exchange for signing. This is often continued employment or special training. If you did not receive any consideration for agreeing to the non-compete, a court may rule it unenforceable. Employees who signed after starting work especially need to review if the contract includes new consideration.
Scope beyond protecting legitimate interests
Finally, non-competes that essentially prevent you from working in your profession at all are overreaching. The agreement should be narrowly tailored to interests such as trade secrets or client relationships. Barring any work for a competitor often fails the reasonableness test.
Approximately half of American businesses require non-compete agreements from their employees. While non-competes protect employers, overly broad agreements tend not to hold up in court. Understanding unenforceable provisions can empower employees during job transitions.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487352024-01-11T20:31:32Z2024-01-11T20:31:32ZIsolation
Pay close attention to sudden negative changes in your work relationships. Look for colleagues avoiding conversations or excluding you from social events. Keep an eye out for changes in the way others treat you, such as being hostile toward you. Retaliation often involves making someone feel unwelcome to cause them to reconsider their employment.
Job changes
Unexplained changes in job assignments or responsibilities could be another indication of retaliation. Examples would be receiving fewer opportunities or a transfer to less desirable tasks without a clear explanation.
Negative feedback
Keep an eye on your performance evaluations. Whistleblower retaliation may manifest through unjustifiably negative feedback or sudden drops in performance ratings. You may notice your reviews do not align with your actual work or criticisms seem baseless.
No opportunities
Denial of promotions or career advancements without a valid reason is another potential sign of retaliation. A sudden halt in your career progression, especially if you have a history of stellar performance, is cause for concern.
More scrutiny
You may experience more scrutiny and surveillance of your work. Watch for an increase in the monitoring of your work.
Recognizing whistleblower retaliation can help you to address potential issues early on and seek support when needed. A workplace culture should value transparency and accountability. Organizations must encourage a safe environment for employees to speak out against misconduct without fear of reprisal.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=487332024-01-09T18:49:54Z2024-01-09T18:49:54ZCompany's right to regulate conduct
Employers generally have the right to regulate employee conduct during work hours. Smoking policies may be part of a broader set of guidelines to foster a healthy workplace. However, the extent to which an employer can dictate behavior outside of working hours is a nuanced area. Enforcing such policies depends on applicable laws.
Legal considerations
In some cases, employers may not have the legal authority to fire someone based on being a smoker. Smoking is a legal activity for adults over 21 years old. Therefore, infringing upon an individual's rights outside of the workplace may raise legal concerns. However, employers can emphasize the impact of smoking on health and productivity as part of their wellness initiatives.
Balance of employee rights with company interests
Concerns such as healthcare costs, productivity or the desire to promote a healthy image may motivate employers. Learning the reasons behind smoking-related policies can help employees understand the company's perspective.
Exceptions and industry standards
Industries such as healthcare and education may have stricter smoking policies due to specific health or safety concerns. In such cases, industry standards and regulations can help determine whether an employer's policies are appropriate.
Employees facing termination threats should clarify company policies with the human resources department. Open communication can contribute to a balance between individual rights and company interests.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=486702023-12-19T19:49:48Z2023-12-19T19:49:48ZForms of harassment
Workplace sexual harassment takes various forms. They include verbal, physical and visual misconduct. Inappropriate comments, gestures and unwarranted advances can create a hostile work environment. Such behaviors compromise the dignity of the targeted individuals and contribute to a culture of fear and discomfort.
Underreporting and Fear of Retaliation
Many people choose not to report incidents of sexual harassment due to fear of retaliation. This fear is often a result of the unfortunate reality that those who speak out often face negative consequences. That may include isolation, professional repercussions or even job loss. The underreporting of incidents further perpetuates the cycle of harassment.
Organizational response
While some companies have taken steps to address workplace sexual harassment, there is still much work to do. Effective prevention and intervention strategies require a commitment from organizations to foster a culture of respect and accountability. Clear policies, comprehensive training programs and a commitment to swift and fair investigations can contribute to creating a safer workplace environment.
Legal protections
Federal and state laws prohibit sexual harassment. Understanding these laws is important for both employers and employees. Awareness of legal protections can empower individuals to assert their rights. This contributes to a workplace culture that values respect and professionalism.
Between FY 2018 and 2021, the Equal Employment Opportunity Commission received 27,291 charges of sexual harassment. With the data indicating that sexual harassment cases continue to rise, it makes it important for employees to stay vigilant in such situations.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=486682023-12-06T16:18:18Z2023-12-06T16:18:18ZMyth: ERISA only covers pensions
You may have heard that ERISA only protects your pension. However, ERISA actually covers many benefits in addition to pension plans. It protects your employer-sponsored health, life and disability insurance.
However, ERISA provides varying levels of protection for different employee benefits. You should review the full scope of the law so you can seek assistance if necessary.
Myth: ERISA guarantees benefit payments
While ERISA establishes guidelines for the administration of benefits, it does not guarantee payments. Employers have the discretion to design and manage benefit plans.
Your plan documents outline the terms and conditions for benefit eligibility and payments. Review your plan materials to understand the specifics of your benefits.
Myth: ERISA immediately addresses benefit denials
Some believe that employees can immediately file a lawsuit in federal court after a denial of benefit claims. In reality, ERISA mandates the exhaustion of administrative remedies before pursuing legal action. You must go through the internal appeal process outlined in the plan documents first.
Myth: ERISA lawsuits are simple
Many people underestimate the difficulty of an ERISA lawsuit, which can be complex and time-consuming. Exhausting administrative remedies can extend the legal process. Employees should prepare for a thorough legal journey if pursuing an ERISA claim.
If you receive a benefit denial, you have possible protection under ERISA. In 2022, 6,928 vested plan participants collected $542 million after seeking ERISA remedies for denied benefits. Separating the facts from the misconceptions provides you with a clear path forward in this challenging situation.]]>On Behalf of Martin D. Haverly, Attorney at Lawhttps://www.haverlylaw.com/?p=486662023-11-25T20:16:45Z2023-11-25T20:16:45Z1. Fraudulent financial activities
One red flag that could signal a potential whistleblower case is the discovery of fraudulent financial activities within the company. Employees who stumble upon irregularities in financial records, such as unexplained expenses or manipulated accounting figures, may have cause for concern.
2. Safety violations in the workplace
Another type of wrongdoing that may warrant whistleblower attention involves safety violations. Employees who notice unsafe working conditions, inadequate safety protocols or the mishandling of hazardous materials may find themselves in a position to raise the alarm.
3. Discrimination and harassment
Discrimination and harassment in the workplace are serious issues that can lead to whistleblower cases. If an employee witnesses unfair treatment based on factors such as gender, race or ethnicity, it could be a sign of systemic problems within the organization.
4. Violations of environmental regulations
Employees who become aware of environmental violations within their organization may also need to blow the whistle. This could include improper disposal of waste, pollution or neglect of environmental regulations.
5. Retaliation against whistleblowers
In some instances, employees may discover evidence of retaliation against colleagues who previously blew the whistle. Witnessing such acts of reprisal can be a strong motivator for employees to come forward and expose the injustice.
In FY 2022, whistleblowers played a key role in 351 settlements and judgments. Being vigilant and recognizing these signs of potential wrongdoing empowers employees to play a role in maintaining the ethical standards of their workplace.]]>