The working woman's legal survival guide / Steven Mitchell Sack.

Format:

Book

Author/Creator:

Sack, Steven Mitchell, 1954-

Language:

English

Subjects (All):

Women--Employment--Law and legislation--United States--Popular works.

Women.

Women--Employment--Law and legislation.

United States.

Genre:

Popular works.

Physical Description:

xvii, 333 pages ; 24 cm

Place of Publication:

Paramus, N.J. : Prentice Hall, [1998]

Summary:

The Working Woman's Legal Survival Guide gives valuable information, advice, and counsel to ensure your workplace rights, protect your job, and increase the value of your claims should you be mistreated or fired. There are dozens of checklists, forms, and actual sample letters you can use to strengthen your position in the event of a legal problem - all without incurring the expense of a lawyer. Also included is a helpful glossary of relevant legal terms. The Working Woman's Legal Survival Guide offers advice and hundreds of preventive steps you can take to avoid being unfairly treated while interviewing, being hired, working, or after a firing or resignation. The author tells you what to do, what to ask for, what to insist upon, and how to protect your rights in all areas of employment where women are frequently exploited. To own this book is to have one of the nation's top employment law experts always on call.

Contents:

Chapter 1 Initial Concerns 1

Screening and Job Requirements 1

Advertisements 3

Illegal Interview Questions 3

Steps to Take to Avoid Being a Victim 6

Phony Employment Schemes 13

Job Misrepresentation 14

Promises of Job Security 16

Checking References 19

Testing 20

Employment Agencies, Career Counselors, and Search Firms 21

Chapter 2 Independent Contractors, Consultants, Sales Representatives, and Statutory Nonemployees 27

Employee versus Independent Contractor Status 27

Steps to Take to Avoid Problems 30

Consultants 34

Statutory Non-Employees 34

Sales Representatives 35

How to Turn an Oral Contract into a Written Agreement 40

Steps to Take While Working 41

Steps to Take If You Are Fired 45

Chapter 3 Getting Hired 51

Part-Time Positions 51

Leased and Temporary Employees 53

Union Workers 56

Statutory Employees 58

Negotiating the Job Properly 58

Next Step: Get It in Writing 65

Tips to Avoid Being Hired by a Deceitful Employer 75

Chapter 4 On-the-Job Benefits and Policies, Including Pregnancy and Family Leave 83

Equal Pay 83

Comparable Worth 86

Tips and Wages 87

Overtime 88

Health Benefits 91

Questions to Ask Regarding Employer-Provided Health Benefits 94

COBRA Health Benefits 95

Benefits During Pregnancy 98

Strategies to Strengthen a Claim 103

Pregnancy as a Disability 104

Pregnancy Leave and Reemployment 106

Hazardous Jobs 113

ERISA Benefits 114

Chapter 5 On-the-Job Rights and Conduct 119

Lie Detector Tests 119

Searches and Interrogations 120

Personal Appearance Rules 122

Office Romances 123

Legal Activities Off-Premises 125

Access to Records 127

Wiretapping and Eavesdropping 129

Right to Work in a Safe Environment 131

Right to Work in a Smoke-free Environment 131

Right to be Warned Before a Massive Layoff 132

Drugs and Alcohol Testing 135

Right to Apply for and Receive Workers' Compensation 138

Summary of Important Steps to Take While Working 143

Chapter 6 Sex Discrimination, Sex Harassment, and Other Forms of Discrimination 147

The Law 149

Sex Discrimination 152

Sex Harassment 153

Sexual Bias Discrimination 164

Nonsexual Harassment 164

Final Points About Sex Discrimination 166

Age Discrimination 168

Handicap Discrimination 179

Racial Discrimination 185

Affirmative Action Plans 187

Religious Discrimination 189

Retaliation Discrimination 191

Strategies to Enforce Your Rights 193

Chapter 7 What to Do If You Are Fired 201

Fired to Deny Accrued Benefits 202

Fired Due to a Legitimate Illness or Absence 203

Fired for Voting or Serving on Jury Duty 203

Fired for Whistle-Blowing 203

Fired for Attempting to Unionize, Complaining About Health or Safety Violations, or for Legal Off-Premises Conduct 204

Fired for Military Duty 204

Fired in a Manner Inconsistent with Company Handbooks, Manuals, and Disciplinary Rules 205

Fired as a Result of Discrimination 206

Fired Because You Assert a Sexual Harassment Claim or Charge of Retaliation After Filing a Discrimination Complaint 206

Fired as Part of a Large Layoff 206

Fired Inconsistent with a Verbal Promise 207

Fired in Breach of Contract Rights 208

Steps to Take When You Are Fired 209

Negotiating Strategies to Maximize Post-Termination Severance 218

Chapter 8 Post-Employment Matters 235

Unemployment Benefits 235

Preparing for the Hearing 237

How to Resign from a Job Properly 240

Job References and Defamation Claims 244

Restrictive Covenants and Related Problems 249

Chapter 9 Employment Litigation and Alternatives 253

Litigation Procedures and the Courts 253

Starting an Action 256

Evidence 261

Appeals 266

Mediation Procedures 267

Arbitration Procedures 272

Bringing Suit in Small-Claims Court 281

Workers' Compensation 289

Summary of Steps to Maximize a Discrimination Claim 292

List of Mediation and Dispute Resolution Organizations 294

Significant Women's Organizations 295

Important Federal and State Agencies to Contact 297

Chapter 10 How to Hire and Work Effectively with a Lawyer 301

How to Find a Lawyer 301

The Initial Interview 302

Confirming the Arrangement 305

Problems Encountered After a Lawyer Is Hired 313.

Notes:

Includes index.

ISBN:

073520005x :

OCLC:

37580339