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Sexual harassment can often result from behaviors that are tolerated for a period of time in the workplace before they become overwhelming. Normally, there are dirty or off-color jokes, pornography on computers ,or inappropriate pictures or posters around the workplace.
At first, these things may seem harmless or tolerable, but often, the conduct or communications escalate, become more frequent and may be directed towards a particular employee or group of employees.
For example, the joke that was a bit off color might be replaced with graphic depictions of sexual actions or gestures mimicking sex acts. Many times, comments are directed at a particular employee or class of employees and can rise to offensive physical contact such as touching a women's breast or buttocks area.
If the harasser is a co-worker or customer, the employee is required by law to report the conduct to a supervisor or other management employee who possesses the power to correct the situation.
Unfortunately, in some instances, once the employee complains, the employer retaliates by transferring, demoting, or even firing the employee.
It is important to call us and get information about your legal rights before you try to report it internally. If you report it to your human resources department or management before you've received legal advice, it gives your employer the opportunity to create a "legal" or legitimate reason for transferring, demoting, or ending your employment. In essence, they are putting up walls that harm the potential for a lawsuit.
Even though men can be sexually harassed, discriminated against, and/or have their rights violated, women tend to be more affected by these types of illegal activities. When this happens, contact the Law Offices of Dean T. Yeotis.
Some employers are aggravated or annoyed by the disruption that can be caused by an employee getting pregnant. Whether it is issues with morning sickness, problems with scheduled doctor's appointments, or ultimately missing work for the birth of the child, the perceived inconvenience felt by some employers leads them to take a disciplinary or other action against the employee when no action is warranted.
Generally, employees are not entitled to accommodations or days off for pregnancy but where the employer has provided other employees with accommodations or days off for personal reasons, treating a woman differently because of her pregnancy could be a form of
If your employer has made concessions for employees in the past for reasons unrelated to pregnancy such as hunting season, cancer treatment, or other personal reasons, but refuses such concessions for you during your pregnancy, you should contact the Law Offices of Dean T. Yeotis.
The FMLA was designed to give employees the opportunity to take time away from work to care for family members or personal medical issues. Under this Act, an employee is entitled to 12 weeks of unpaid time away from work as long as they are not considered to be a "key" employee.
The 12 weeks do not have to be taken all at once, but there are several restrictions that must be met to qualify for protection under this act. A few of these restrictions include:
•The company must have at least 50 employees.
•The employee must have worked at the company for more than 12 months.
•The employee must have worked at least 1,250 hours during the previous 12-month period.
If all of the restrictions are met, the company qualifies and the employee is approved for leave under the FMLA, that employee, in most circumstances, has a right to be returned to their position at the end of the leave.
An employer who transfers, demotes, or terminates an employee while out on an approved FMLA leave or shortly after returning, may be in violation of the Act. It is also important for an employee to realize that extending your FMLA leave by even one day can legally be considered a 'quit' by the employer.
Given the different restrictions and requirements under FMLA, it is best to consult with a qualified and knowledgeable lawyer when considering a leave under the FMLA.