Your Rights at Work: All You Need to Know about Workplace Law--and How to Use it to Protect Your Job

by Richard Busse

Overview

"This compassionate, practical guide is a must read for employees and employers alike."

—Jody Larimore, Human Resources Director, Northwest Region, Wells Fargo Bank

Take advantage of the workplace rules that protect you.

While it may seem that your employer holds all the cards at work, your have rights and legal protections that your employer must follow. It is important to understand the employment issues you face and how the interactions between employee and employer affect you.

Your Rights at Work guides you through the maze of regulations that concern you. It teaches you how to protect yourself and when to use the rights you are entitled to. Use the practical advice it gives along with the following features to get the most out of your job.

Frequently Asked Questions

Tips to Survive Discipline

Q and A on Settling Your Dispute

Taking Your Case to Court

Reporting Illegal Harassment

Handling a Termination

EEOC Office Directory

State Discrimination Enforcement Agencies

Hiring an Attorney

Plus much, much more

Product Details

ISBN-13:	9781402236891
Publisher:	Sourcebooks
Publication date:	07/01/2005
Sold by:	Barnes & Noble
Format:	eBook
Pages:	328
File size:	3 MB

About the Author

Richard C. Busse was born in Philadelphia, Pennsylvania. He grew up in Southern California and graduated from San Diego State University in 1971 with a B.S. degree in marketing. He obtained his law degree in 1974 from the University of California, Hastings College of Law.

From 1975 to 1981, Mr. Busse defended employment cases, both with a defense firm and in his capacity as Chief Deputy County Counsel for Multnomah County, Oregon, the state's most populous county, where Portland is situated. In 1981, he set out on his own to develop a plaintiff's employment litigation practice, and has practiced in that field ever since. He is now senior partner in the Portland law firm Busse & Hunt, which is devoted exclusively to the practice of plaintiff's employment law. Mr. Busse represents victims of race, sex, age, disability, and other forms of unlawful discrimination. He also represents employees who have been the subject of wrongful discharge, defamation, and other workplace torts. His cases have established important legal precedents in the field. He is a frequent speaker and has published articles on employment law since 1981. Mr. Busse has been listed in the national peer review publication The Best Lawyers in America every year since 1989 for labor and employment law in Oregon. His firm has been named as the leading plaintiff's employment law firm in Oregon by Chambers US; America's Leading Business Lawyers, 2003-04; and he has been awarded its highest individual rating. He is a fellow in the International Society of Barristers. He is a former master in the American Inns of Court. The nationally known legal directory, Martindale-Hubbell, gives Mr. Busse and his firm its highest rating for legal ability and ethics.

Richard C. Busse was born in Philadelphia, Pennsylvania, grew up in Southern California, and graduated from San Diego State University with a B.S. degree in marketing. He obtained his law degree from the University of California, Hastings College of the Law.

Mr. Busse began practicing employment law in 1975. From 1975 to 1981 he defended employment cases, both with a defense firm and in his capacity as Chief Deputy County Counsel for Multnomah County, Oregon, the state’s most populous county.

In 1981, he set out on his own to develop a plaintiff’s employment litigation practice, and has practiced in that field ever since. He is now senior partner in the Portland, Oregon, law firm Busse & Hunt, which is devoted exclusively to the practice of plaintiff’s employment law. Mr. Busse represents victims of race, sex, age, disability and other forms of unlawful discrimination. He also represents employees who have been the subject of wrongful discharge, defamation, and other workplace torts. His cases have established important legal precedents in the field. He is a frequent speaker and has published numerous articles on employment law.

Mr. Busse has been listed in the national peer review publication The Best Lawyers in America every year since 1989 for labor and employment law in Oregon. His firm has been named as the leading Plaintiff’s employment law firm in Oregon by Chambers US; America’s Leading Business Lawyers, 2003–04; and he has been awarded its highest individual rating. He is a fellow in the International Society of Barristers. He is a former master in the American Inns of Court. The nationally known legal directory, Martindale-Hubbell, gives Mr. Busse and his firm its highest rating for legal ability and ethics.

Mr. Busse is a Fellow in the American College of Trial Lawyers and the International Society of Barristers.

Table of Contents

Introduction

SECTION ONE: UNDERSTANDING EMPLOYMENT LAW
Chapter 1: Our Legal System
The Law
Stages of Litigation

Chapter 2: Discrimination
Proving Discrimination
Federal Remedies
Procedural Hurdles
State Law Protection
Rights of Rejected Applicants
Protection for Private Employees

Chapter 3: Wrongful Discharge
Public Policy
Proving Wrongful Discharge
Wrongful Constructive Termination
Remedies

Chapter 4: Tort Claims
Intentional Infliction of Emotional Distress
Fraud
Intentional Interference with Economic Relations
Invasion of Privacy
Defamation
Negligence

Chapter 5: Employment Contracts
Contract-Making Opportunities
Enforcing Contracts
Employee Handbooks
Past Practice
Duration of Employment
Contracts Implied by Law
The Covenant of Good Faith
The Problem with Contract Claims
Negotiated, Written Contracts
Termination Provisions
Compensation
Special Clauses

Chapter 6: A Closer Look at Title VII

Race Discrimination
National Origin Discrimination
Gender Discrimination
Sexual Orientation Discrimination
Religious Discrimination

Chapter 7: Sexual Harassment
Supervisors
Coworkers
Identifying Sexual Harassment

Chapter 8: Age and ERISA Discrimination
Age Discrimination
Employee’s Remedies
ERISA Discrimination

Chapter 9: Federal Rights of Disabled Workers
The Rehabilitation Act
The Americans with Disabilities Act

Chapter 10: Whistleblowing and Retaliation Statutes
Opposition Statutes
Statutes Relating to Protected Activities
StateLaws

Chapter 11: Employee Benefits and Working Conditions
The Family and Medical Leave Act
Retirement Legislation (ERISA)
COBRA Rights
The Fair Labor Standards Act
The Davis-Bacon Act
Plant Closure Legislation
Occupational Safety and Health Act
Workers’ Compensation Laws
Unemployment Compensation
Drug Testing Laws
Employee Polygraph Protection Act
Health Insurance Portability and Accountability Act
Garnishment
Immigration Laws and the Workplace
Rights to Unionize

Chapter 12: Employee Privacy
Expectation of Privacy
Telephone Monitoring
Email Monitoring

Chapter 13: Distinct Employee Groups
Government Employees
Union Employees

SECTION TWO: USING EMPLOYMENT LAW
Chapter 14: Reasons for Discrimination
Prejudice
Resentment Due to Affirmative Action
Frustration Due to Accommodations
Anger
Greed
Fear

Chapter 15: Workplace Harassment
Reporting Illegal Harassment
Retaliation for Reporting Illegal Harassment
Cooperating with the Investigation
The Reporting Aftermath
Common Questions Concerning Workplace Harassment

Chapter 16: Surviving Employer Discipline
Surviving Pending Discipline
Verbal Warning
Written Warning
Suspension or Involuntary Leave
Union Employees
The Aftermath
Tips to Survive Employer Discipline

Chapter 17: Handling a Termination

Chapter 18: Evaluating Your Legal Case
Potential Success in Court
No Case is Perfect

Chapter 19: Hiring an Attorney
Determining if You Need an Attorney
Selecting an Attorney
Types of Attorneys
Fees
Retainer Agreements
Changing Attorneys

Chapter 20: Filing a Lawsuit
The Prefiling Stage
The Postfiling Stage
The Trial Stage
The Appeal Stage

Chapter 21: Settling Your Case

SECTION THREE: FREQUENTLY ASKED QUESTIONS ABOUT YOUR RIGHTS IN THE WORKPLACE

Glossary
Appendix A: EEOC Office Directory
Appendix B: State Discrimination Laws and Agencies
Appendix C: Notable Wrongful Discharge Cases
Notes
Index
About the Author