Employment Law Cases

In the United States, at-will employment defines a working relationship in which either party can break the employment agreement without liability. This doctrine assumes there was no explicit contract between the employer and employee and that the employer does not belong to a union. The document officially states “the employer is free to discharge individuals “for good cause, or bad cause, or no cause at all,” and the employee is equally free to quit, strike, or otherwise cease work.”

This policy theoretically reduces job security, as employers can terminate a position for any reason, or even no reason at all. A company is free to fire workers en masse if diminishing profits began to eat away at the employer’s sustainability. Other negative behaviors, such as workplace bullying, can occur because of the influence of an environment of fear and job insecurity created by at-will employment.

However, several exceptions to the at-will doctrine do exist. Blatant, unlawful discrimination against employees because of factors such as age, race, religion, national origin, pregnancy, or disability status resulting in termination is prohibited under the doctrine. If an employee was let go because of one of these reasons, wrongful termination lawsuits may result for the employer. Other reasons a company may not fire an at-will employee include refusing to commit illegal actions, family or medical leave, and not following the stated termination procedures. Most employers have an explicit method of firing workers, outlined in a company handbook or manual. If these steps are not followed, a wrongful termination case may be in store.

The idea of at-will employment originated in Horace Gray Wood’s 1877 discourse on master-servant relations. His idea proposed it was slaves’ responsibility to prove an express contact existed between master and slave. From this point, the concept of employee discharge without a reason and at-will employment was born. This rule was initially adopted by all U.S. states. It was not until 1959 that the first legal exception to the idea of at-will employment was created. Since that point in history, more exceptions and technicalities have added to the law, although the burden of proving wrongful termination still rests with the employee. Protective laws for employees include the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990.

Manganese is a mineral found in nature that provides nutrients for various types of animals and plants. While this material may be useful to some organisms, excessive exposure can be very dangerous for humans. Long term exposure to manganese is known to cause manganese poisoning, or the condition known as manganism.

Who is at risk?

There are several different occupations that use manganese in the workplace:

- Railroad workers

- Steel workers

- Miners

- Welders

Under the Federal Employer’s Liability Act, Railroad workers are protected from the negligent actions of their employers which may cause them serious injury. Employers are aware of the dangers of manganese, but many choose to do nothing to prevent manganese poisoning or educate their employees on the dangers of the substance. If you have experienced manganese poisoning due to your working conditions, contact a lawyer immediately to discuss your legal options.

Exposure and Detection

Dangerous manganese particles enter the body through inhalation. Workers who work in close contact with the mineral are at the greatest risk of developing manganism, however, their families and anyone who lives nearby a railroad or factory that utilizes the material may be at risk.

If you believe that you have been dangerously exposed to manganese, see a doctor immediately. There are several tests that can be done to determine whether or not you have developed manganism. Testing for manganese exposure may include blood tests, urine tests, and scalp tests. Contact your doctor for more information on manganese exposure testing.

The Effects of Manganism

Long term exposure to manganese can cause the development of serious health problems. Dangerous levels of manganese work inside of the body to attack the kidneys, liver, and central nervous system. The symptoms of manganism are very similar to symptoms associated with Parkinson’s disease. Other symptoms may include:

- Poor hand-eye coordination

- Respiratory difficulties

- Psychological problems

- Difficulty with speech

- Difficulty with facial expressions

- Tremors

- Weakness

A Lawyer Can Help

If you are a railroad worker and have suffered the symptoms of manganism, a skilled lawyer can help you to learn more about your legal rights. Under FELA laws, your employer is responsible for providing you with a reasonably safe working environment. If your employer has failed to do so, he or she may be liable for your injuries.

People from different countries and from different walks of life love to travel and sometimes consider migrating to some countries with greener pasture. In the process of migration, people will have to undergo the Immigration Background Check. One of the countries that are mostly considered for greener pasture is the United States of America. Citizens of the countries of Asia, Africa and even Europe are being drawn to the country.

Any applications for gaining the benefits of the U.S immigration will require a proper immigrations background check. Passing the background check will establish the individual’s residence eligibility. The background check for the migration purpose is performed by the agency in-charged of the process. The agency of the U.S. Citizenship and Immigration Services (USCIS) is the federal agency that handles the checks on the applicants of the immigration visa processing. The background check for this purpose must be done by the USCIS without the bias with regards to the national origin, ethnicity or religious aspect of every applicant to ensure the reliability of the check results.

Presently, due to the 9/11 attack that the country of the United States of America has experienced, the volume and scope of the immigrations background checks increased highly. This is for the security purposes of the country and its citizens. However, a huge number of applicants were routinely inspected and passed the test without incidents. On the other hand, the advocates on the procedure of the USCIS were very concerned with the time-consuming procedure. The procedure is really taking a long time because of the three-tier approach on their background check process. The wait on the process will cause an applicant to wait for a year or more for the result.

The three-tier process involved in the investigation technique of the immigrations background check involves the Interagency Border Inspections System (IBIS) Name Check, FBI Fingerprint Check and the FBI Name Checks. The three different investigations must be passed by the applicant before an interview schedule will be given. Whenever there are negative results on any of these investigations done, then the process for the migration will be nil.

The very first process of IBIS is a multi-agency, centralized system that gets information from different sources, this process is instantaneous and will immediately know if the applicant is qualified or when further background checking can take place. In the fingerprinting check of the FBI, the result will usually take 24 to 48 hours, when any criminal records will be found, an adjudicator from the USCIS will then determine the possibility of continuity or discontinuity of the investigation. When the records or violation dictates ineligibility for a green card to be awarded to the applicant, discontinuation of the immigrations background check will be recommended. The last procedure will be the name check, which handles records of any individual applicant on their other files like administrative, employment and any other records for confirmation and proper identification of the person. This takes around 14 days or longer when further resolution of some results will require further investigations. When all these are passed, then the applicant will be looking forward to a bigger chance of getting into the United States of America to live or work.

Speaking up in the workplace about unfair employment practices is a protected right of workers. The United States put laws in place to safeguard this type of conduct because employers retaliate sometimes when a worker complains about conditions. Activities that commonly invite employer retaliation include exercising worker rights, reporting alleged violations of the law to proper authorities, and participating in legal proceedings as a plaintiff or defendant involving the place of work.

Particular protections under law against retaliation include the National Labor Relations Act (NLRA) and the Civil Rights Act of 1964. The NLRA guards employees who complain about the conditions of their job. The Civil Rights Act protects workers who speak out against discriminatory employment practices. Additionally, the United States Constitution defends against retaliation for exercising free speech. Whistleblower laws guard employees who blow the whistle on their place of employment after all other grievance systems have been exhausted.

To file a charge of retaliation, the offense must “have been materially adverse to a reasonable employee or applicant” and “the challenged action well might have dissuaded a reasonable worker from making or supporting a charge of discrimination.” Since many employers refuse to admit to retaliatory practices, employees must establish a connection between the protected activity and the negative consequences endured. This link can be developed by evidencing a lack of investigation into an employee’s grievance, unequal treatment of the complaining employee, an adverse action close in time to the protected activity, a bogus explanation for the retaliation, or a pattern of hostility towards dissenting employees.

Because retaliation is generally considered an action where employees get mad and get even with the complainer, time is critical to proving claims. Courts have dismissed cases where plaintiffs waited too long to file retaliation claims. If you feel like you are being retaliated or discriminated against at your job because of recent protected conduct, several steps are recommended. First of all, making sure your employer has no reason to complain of your workplace conduct is advisable. Second, keeping a log of all vengeful actions in written form is a good idea. Furthermore, politely rebutting all unwarranted reprimands and maintaining your reputation is suggested. Lastly, looking for new employment opportunities or contacting an employment lawyer may be beneficial avenues of aid and can help to extract you out of a bad employment situation.