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Recent Blog Posts
What can you do to prove sexual harassment at work?
Sexual harassment is a serious problem that no one should ever experience. Despite how terrible this kind of harassment is, nearly 40% of women in the workplace have experienced it. Filing a sexual harassment claim can help make it clear that these actions have consequences, but many victims may feel like a claim will not work.
The key to a successful claim is gathering the necessary proof against your harasser. Proving harassment means you need to show that the harassment happened because of your sex, the actions were unwelcome, and the actions were abusive. You can take these steps to help make your claim successful against your harasser:
Document everything
By keeping a detailed record of events, you can help pinpoint the information needed for a strong sexual harassment claim. Take notes of what was said, what actions happened, when and where they happened, and who else witnessed the event. If any correspondence happens that acknowledges the harassment, such as emails, texts or notes, be sure to keep them as well.
What are common types of whistleblower retaliation?
For many, the term "whistleblower" carries a negative connotation – as if a worker has gone out of line and shared a company secret. While certain elements of this characterization might be based in reality, the truth is a whistleblower performs a necessary role in ensuring companies act legally and responsibly. Unfortunately, many potential whistleblowers choose to hold their tongues for fear of industry retaliation in response to their statements.
While workers fear the common types of retaliation such as termination, demotion or unwarranted disciplinary action, there are more uncommon forms that must be abolished, including:
- Constructive discharge: This occurs when a company creates an environment so toxic that an employee feels they have no choice but to leave the organization. Technically, the company did not terminate the employee, but a careful examination of factors leaves little question as to what happened. Working conditions can become intolerable for several reasons including transfer to a new department, transfer to a new shift schedule, changing work responsibilities and changing training requirements.
Managing Partner Named 2022 Maryland Super Lawyers Rising Star
We are thrilled to announce that Lindsay A. Freedman, Esq. has been selected as a 2022 Maryland Super Lawyers Rising Star. Only 2.5% of attorneys in Maryland receive this honorable distinction. Mr. Freedman is the Founder and Managing Partner of Freedman Law, LLC.
Updates on Biden's vaccine mandate
Dealing with the mandates, rules and restrictions surrounding the COVID pandemic has been a stressful and challenging course for employers, employees and consumers. While some find comfort in taking extra precautions, others feel violated as they feel pressure to change what is comfortable.
Now that the vaccine is widely available for much of the population, there is an increasing push to get those apprehensive about the vaccine to choose to be vaccinated. In an effort to encourage increased vaccination, President Biden made a mandate for certain employers to require vaccination.
Since the announcement of the mandate, there has been substantial push-back from those who are uncertain, with several cases going to the upper courts.
Here's what you should know about the effect of the pending lawsuits and what it means for employers under the mandate.
Interpreting speculation and the freeze
Currently, the country is divided on how to proceed with the mandate. While the Senate and a handful of states have federal courts supporting blocking the rule, the 5th US Circuit Court of Appeals recently issued an order allowing employers to enforce the mandate.
Proving that sexual harassment is 'unwelcome' can put victims' conduct on trial
In 1986, the Supreme Court issued a landmark ruling in the history of American sexual harassment law. In Meritor Savings Bank v. Vinson, the Court ruled for the first time that when workplace sexual harassment creates a "hostile work environment," it is a form of illegal employment discrimination under federal law.
Only 'unwelcome' sexual harassment is against the law
But the Meritor decision also introduced a term that has challenged plaintiffs in sexual harassment lawsuits ever since. In order for sexual harassment to be illegal, it has to be "unwelcome." In many cases, this puts the plaintiff's behavior in the spotlight, particularly if she is a woman. Questions that the defendant might pose include:
- What kind of clothes did the plaintiff wear to work? Did she wear low-cut tops and short skirts?
- Did the plaintiff clearly tell the perpetrator that they did not want to be harassed every time it happened?
Answering Questions About Telework
The Americans with Disabilities Act (ADA) provides disabled Americans the ability to request reasonable accommodations in the workplace. For many Americans suffering from any number of disabling conditions, telework may offer them the solution they need to be able to balance their job and their disabilities.
Before someone requests telework for themselves, they may have questions about reasonable accommodation. With the right information, you may be able to gain the accommodation that you need, so here are a few answers that you might be looking for to with your telework pursuit:
Who qualifies for telework?
According to the ADA, any employer who has 15 or more employees must provide reasonable accommodation. Telework can qualify as a reasonable accommodation, which means that anyone employed by a large enough employer qualifies for telework if their position can allow it.
How can I apply for telework?
Each employer often has its own policies on how to go about applying for telework, but there are some things everyone should know about the process. When making your case to HR, it is often advantageous to appeal to their sense of business rather than personal need. Additionally, make sure that any agreement you come to is confirmed in a written agreement.
Can employers impose vaccine mandates?
With the rise of the Delta variant, COVID-19 continues to pose a threat to the nation's workplaces. As a result, employers concerned about their employees' health and their legal liabilities have largely looked to state and federal authorities for guidance.
The Centers for Disease Control (CDC) maintain that the best ways to prevent the spread of the virus are to get vaccinated and wear masks in shared indoor environments, such as schools or offices. This guidance comes even as many people remain skeptical of the available vaccines. As a result, people on both sides of the vaccine debate have started to ask: Can employers require their employees to get vaccinated?
Yes, employers can require employees to get vaccinated.
At this time, employees in Maryland and Virginia are not legally mandated to get vaccinated. Neither the states nor the federal government have passed laws forcing workers to get vaccinated. However, according to the information posted by their Departments of Health, both states defer to the workplace guidance provided by the U.S. Equal Employment Opportunity Commission (EEOC).
Virginia Raises Minimum Wage
Beginning on May 1, 2021, Virginia's minimum wage rate will rise to $9.50 an hour. The current minimum wage rate in Virginia is $7.25 an hour. Under a law passed last year by the Virginia General Assembly, the minimum wage will gradually increase to $12 an hour by January 1, 2023. Virginia employers must act immediately to comply with the new wage law. All employees are entitled to earn at least the minimum wage rate.
Please contact our firm immediately if your employer has failed to pay you at an hourly rate equal to or greater than the minimum wage.
PPP Whistleblowers & Retaliation
Freedman Law, LLC represents employees who have been wrongfully terminated from their jobs, including many different types of whistleblowers. Recently, there has been an uptick in whistleblower claims related to the Paycheck Protection Program ("PPP"). The PPP is a federal government program administered by the U.S. Small Business Administration for the purpose of issuing loans to help businesses keep their workforce employed during the Coronavirus pandemic. The loans were meant for businesses facing hardships because of the pandemic. Unfortunately, some businesses and individuals took advantage of the "free money" and sought to obtain funds fraudulently taking advantage of the speed at which the program was rolled out. The Department of Justice has been cracking down on individuals that fraudulently obtained PPP money. See https://www.justice.gov/opa/pr/six-charged-connection-3-million-paycheck-protection-program-fraud-scheme.
Managing Partner Named Maryland & D.C. Super Lawyer Rising Star
We are proud and honored to announce that Lindsay A. Freedman, Esq. has once again been named as a Super Lawyers Rising Star in both Maryland and Washington D.C. Mr. Freedman is the founder and managing partner of Freedman Law, LLC.
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