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June 2017 Archives

Should I accept a severance offer?

In this day and age, getting offered any kind of severance package can feel like winning the lottery. However, when an employer offers you a severance agreement, you should always examine the terms to ensure that you're not missing out on benefits you might deserve. If you recently were offered such an agreement, be sure you understand everything you're getting and everything you're giving up before you accept it.

Don't allow yourself to be misclassified by an employer

Employers are always looking for ways to save on their bottom line, and in many industries, one of the common solutions is misclassifying employees to avoid certain employer responsibilities or circumvent wage laws. Countless lawsuits have focused on employee misclassification, and the issue has become so widespread that the Internal Revenue Service (IRS) has allocated resources to investigating companies it suspects of large-scale misclassification in recent years.

Non-compete vs. exclusive employment clauses

Employment contracts are a complicated matter and should receive very specific attention before you sign one, regardless of the employer. Often, when a person receives a job offer from a particularly desirable employer, he or she may want to accept a job before fully understanding the contract in from of him or her. Two elements of employment contracts that can lead to litigation later on if not properly understood are non-compete and exclusive employment clauses.

What can I do about workplace bullying?

When it comes to workplace conflicts, bullying in the workplace exists in a grey area — but that doesn't mean that you should do nothing about it. The laws that govern workplace bullying vary from state to state, but in most cases, behavior that qualifies as bullying does not cross a threshold into discrimination or creating a hostile environment. This behavior is childish and frustrating, but in many cases is not illegal.

Tip pools: Are you floating in cash or financially drowning?

Most employees hope to make a good impression and work hard while performing their necessary job duties. Often, praise and compensation allow workers to feel a sense of accomplishment that makes it easier to return to work day after day. As a person who receives tips as part of your employment compensation, you may feel a particular sense of pride when a patron leaves a considerable tip for your services.

Are Arizona licensing boards out of control?

For the past five years, Arizona has been moving toward easing the burden of those who wish to pursue occupations that require licensing. Licensing requirements often make it difficult for people to find work to support their families. You may have dealt with the frustrating -- and often expensive -- prerequisites your chosen profession required before its board would grant you a license.

Was my termination technically wrongful?

There are many kinds of wrongful termination, and often they involve an employer who acts discriminatorily toward an employee or wrongfully retaliates against him or her for taking action that may hurt the company. However, some forms of wrongful termination are somewhat less insidious and ethically questionable. Often, a termination may be wrongful because it technically violates some term of your employment contract, even if the termination was not necessarily done with any malice.