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The FMLA also authorizes employees whose rights under the FMLA have been violated to sue their employer for equitable relief and money damages. [3] In enacting the FMLA, Congress invoked two of the powers it possesses under the Constitution. In regulating private employers under the FMLA, it invoked its power under the Commerce Clause.
In the United States, the Family and Medical Leave Act of 1993 (FMLA) allows employees to take unpaid leave during specifics situations such as medical issues, but they still must comply with attendance policy. [3] No call, no show is common in the temporary employment industry. Agencies often hire 10% to 20% more employees than required to ...
The phrase "constructive dismissal" describes situations where the employer has not directly fired the employee. Rather the employer has: failed to comply with the contract of employment in a major respect; unilaterally changed the terms of employment, or; expressed a settled intention to do either thus forcing the employee to quit
One of the perverse features of today's recession-punished labor market is some employers are refusing to consider hiring people who are unemployed. The situation was reported on last spring by ...
The enhanced benefits still mean that roughly half of American workers stand to earn more on unemployment than they did at their jobs. What happens to your unemployment benefits if you refuse to ...
To be eligible for FMLA leave, an employee must have worked for their employer for at least 12 months, have worked at least 1,250 hours over the past 12 months, and work for an employer with at least 50 employees within a 75-mile radius. Several states have passed laws providing additional family and medical leave protections for workers.
Sherbert v. Verner, 374 U.S. 398 (1963), was a case in which the Supreme Court of the United States held that the Free Exercise Clause of the First Amendment required the government to demonstrate both a compelling interest and that the law in question was narrowly tailored before it denied unemployment compensation to someone who was fired because her job requirements substantially conflicted ...
Unemployment is not meant to be sick leave, but a loophole in this rule potentially nets you benefits if you need them. Learn: Private Sector Added 807,000 Jobs in December, Still 4 Million Short ...