A Brady violation occurs even if the state isn’t aware that the evidence exists, such as because the police haven’t turned it over to the prosecutor. The violation doesn’t have to be intentional -- and the defense is under no obligation to ask for the evidence, as the state must di...
An infraction is a minor traffic violation, but it can become a misdemeanor if it causes another person to be injured or property to be damaged. It can even turn into a misdemeanor if it threatens a person or property. For example, neglecting to wear a seat belt would be an infraction. ...
When you need to take a leave, it is wise to let the employer know that you are looking for an FMLA-covered leave. If you are approved for FMLA leave due to a condition and need additional FMLA leave because of that condition, you must mention that in your request. You may not be ...
What is an EEO job category? What percentage of complaints make it to EEOC mediation? What is unemployement insurance? What are the most common forms of sexual harassment in the workplace? What is employer withholding tax? What are the OSHA violation types?
Regardless of the reason for an employee’s leave, 12 weeks per year is the maximum amount of paid leave covered by the Act. In other words, an employee can use family and military leave during the year, as long as it doesn’t exceed the 12-week maximum. The same type of reasoning ...
Wrongful termination is a term used in employment law to refer to when an employer fires an employee in breach of contract or in violation of the law. It was first recognized as a legal claim in the mid-20th century as the employment relationship became increasingly regulated. Prior to this...
102K When encountering a violation in an employment contraction, one may file a formal complaint known as an employee grievance. Examine the different types as well as forms of resolutions common in the workplace. Related to this QuestionWhat...
If your claim is based on a violation of federal law, then you could instead file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC), based in Washington, DC. The CRD and EEOC work together when processing claims. The CRD or EEOC will then investigate the matter and...
The only time it is illegal for an employer to not accept a note is when the employee has a medical need and is using the FMLA to take time off. This is the case regardless of whether a state has or does not have a doctor’s note law or laws. Of course, the employer may verif...
Q: Can the Employer Fire an Employee After Receiving a Complaint about a PDA Violation? A: It is illegal for an employer to penalize an employee or job applicant for objecting to the employer's pregnancy-basedhiring practicesor for making a claim. Furthermore, the employer can not fire the...