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Joseph Maloney
23 followers -
Providing experienced, quality representation in civil litigation
Providing experienced, quality representation in civil litigation

23 followers
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An employer wants to withhold a paycheck because the employee neglected to turn in their time card. Can't do that.
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Employers cannot hold wages hostage to force workers who have quit or been fired to jump through hoops.
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I'm wondering whether the "contracting out" scheme by employers is going to result in huge liability on their part for workers who are injured on the job.
Joseph E. Maloney, Attorney at Law
Joseph E. Maloney, Attorney at Law
youremploymentcounsel.com
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Generally, if you go out on leave for a health issue (whether it is related to work or not), federal law requires that you be offered your old job back when you are released to return to work. If your employer fails to do that, or erects barriers to your return, don't think you have to "quit" - you've been constructively discharged!
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Got a new job? Feel obliged to give your old employer two-week's notice? You don't have to, and you're more likely to get frog-marched out the front door than receive any thanks in return.
Joseph E. Maloney, Attorney at Law
Joseph E. Maloney, Attorney at Law
youremploymentcounsel.com
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An AVVO user asks about age discrimination. Part of the answer is that age discrimination is harder to prove than other forms of unlawful discrimination.
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All those smart phones are recording devices, and much turmoil is arising in the workplace because of them. Watch for the land mines!
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We all make mistakes. When we make a mistake at work, it might get us fired. Even if the employer has agreed not to fire you for "good cause", a serious mistake can be "good cause".  But, just because an employer has "good cause" to fire you does NOT mean that you are disqualified from receiving unemployment benefits. That generally requires "willful" misconduct. I discuss this in connection with a bartender who was fired for failing to adhere to a workplace policy of "carding" patrons who "appear younger than 40".   
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This rings true to me about the people who contact me: almost all have worked for a long time without any sort of complaint, they have never sued anyone for anything, and they are only in my office because they have no choice.
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