News, 10 Workplace Rights You Think You Have -- But Don't. (employees, employer)
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Here in Tennessee companys can terminate you for having an one accident on the job when you have to go to the hospital. I think this is crazy because people do make mistakes.
News, 1. "I was wrongfully terminated."
Maybe if you lived in Montana you'd have a point. Montana is the only state in the nation with a law saying you can only be fired for just cause. Otherwise, you live in an at-will state. That means you can be fired for any reason or no reason at all. They don't have to have a good reason. They don't even have to give a reason in most states. Boss in a bad mood? He or she can fire you. HR didn't like the shoes you wore that day? Buh-bye.
3. "I demand my break right now."
Yeah, only problem with this is that no federal law requires employers to offer any work breaks for anything, even meals. Some state laws do require work breaks, but it's not a majority. No federal law even requires bathroom breaks, but it's probably a health issue, so OSHA might protect you if your employer denies bathroom breaks. If you're a nursing mother, you're entitled to an unpaid break to express breast milk if your employer is big enough. Some states also offer protection for nursing moms taking breaks. Lots of people get fired for insisting on breaks they're not entitled to. Don't do it.
NYS Law (according to my employer) says you must take a 30 minute break if you work 6 or more hours in a day. Also that break must be taken between 12-2. Sounds great but I love to eat late. Now I have to take my break at 1:59 since I think 12 is WAY to early to eat lunch!
3. "I demand my break right now."
Yeah, only problem with this is that no federal law requires employers to offer any work breaks for anything, even meals. Some state laws do require work breaks, but it's not a majority. No federal law even requires bathroom breaks, but it's probably a health issue, so OSHA might protect you if your employer denies bathroom breaks. If you're a nursing mother, you're entitled to an unpaid break to express breast milk if your employer is big enough. Some states also offer protection for nursing moms taking breaks. Lots of people get fired for insisting on breaks they're not entitled to. Don't do it.
NYS Law (according to my employer) says you must take a 30 minute break if you work 6 or more hours in a day. Also that break must be taken between 12-2. Sounds great but I love to eat late. Now I have to take my break at 1:59 since I think 12 is WAY to early to eat lunch!
It's actually 11am - 2pm. My guess is that you're in the minority saying that 12 is too early and 2pm is not late enough.
I eat breakfast at 6am, eat lunch at 12pm(ish), and dinner at 6pm(ish). I'm extremely strict about my breakfast timing.
Here in Tennessee companys can terminate you for having an one accident on the job when you have to go to the hospital. I think this is crazy because people do make mistakes.
An accident on the job where you have to go to the hospital should be covered by compensation insurance, so it's not a total loss.
Discrimination based on age, pregnancy, race, sex, religion, national origin, disability, color and genetic information are illegal. In some states, other categories such as sexual orientation, gender identity, marital status, and being a domestic violence victim are protected.
Most of these discrimination cases are pretty hard to prove. No one is perfect. If your boss doesn't like you, for whatever reason, and he wants you out, he'll find that one fault you have and capitalize on it, and document it. He will then use it as evidence that you're just not good enough to keep, and you're history.
The only one I disagree with is the "non-compete". I signed such an agreement without any intention of keeping it.
If I work for a competitor after leaving them, it's none of their business frankly, and I doubt they're going to be keeping tabs on me anyhow.
If you work for Coke and leave to work for PEPSI, they will care if you are in a position to blab their marketing campaign that they have been planning and spending millions of dollars on.
Non-compete clauses are usually for just a few months or up to a year. After that, your knowledge of your previous employers business plans is obsolete.
The only one I disagree with is the "non-compete". I signed such an agreement without any intention of keeping it.
If I work for a competitor after leaving them, it's none of their business frankly, and I doubt they're going to be keeping tabs on me anyhow.
Depending on the field your in non-compete agreements can be taken very seriously. We have sued ex employees for violating the non-compete.
Not saying you will have a problem but you very well could end up with a lawsuit against you that you will more than likely lose. Of course you coulud spend thousands of dollars on legal fees to try and defend yourself.
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