The Working Woman's Legal Survival Guide: Know Your Workplace Rights Before It's Too Late

by Sack, Steven Mitchell

• ISBN13: 9780735201583
• ISBN10: 0735201587
• Format: Paperback
• Copyright: 2000-03-01
• Publisher: Penguin Group USA

Summary

Offers advice and hundreds of preventive steps you can take to avoid being unfairly treated while interviewing, while being hired, while working, or after a firing or resignation. Softcover.

Author Biography

Steven Mitchell Sack maintains a private practice in New York City devoted to employment law and is the president of Legal Strategies, Inc., a publishing firm.

Table of Contents

Introduction	xiii
Initial Concerns	1	(26)
Screening and Job Requirements	1	(2)
Advertisements	3	(1)
Illegal Interview Questions	3	(3)
Steps to Take to Avoid Being a Victim	6	(7)
Phony Employment Schemes	13	(1)
Job Misrepresentation	14	(2)
Promises of Job Security	16	(3)
Checking References	19	(1)
Testing	20	(1)
Employment Agencies, Career Counselors, and Search Firms	21	(6)
Independent Contractors, Consultants, Sales Representatives, and Statutory Nonemployees	27	(24)
Employee versus Independent Contractor Status	27	(3)
Steps to Take to Avoid Problems	30	(4)
Consultants	34	(1)
Statutory Non-Employees	34	(1)
Sales Representatives	35	(5)
How to Turn an Oral Contract into a Written Agreement	40	(1)
Steps to Take While Working	41	(4)
Steps to Take If You Are Fired	45	(6)
Getting Hired	51	(32)
Part-Time Positions	51	(2)
Leased and Temporary Employees	53	(3)
Union Workers	56	(2)
Statutory Employees	58	(1)
Negotiating the Job Properly	58	(7)
Next Step: Get It in Writing	65	(10)
Tips to Avoid Being Hired by a Deceitful Employer	75	(8)
On-the-Job Benefits and Policies, Including Pregnancy and Family Leave	83	(36)
Equal Pay	83	(3)
Comparable Worth	86	(1)
Tips and Wages	87	(1)
Overtime	88	(3)
Health Benefits	91	(3)
Questions to Ask Regarding Employer-Provided Health Benefits	94	(1)
COBRA Health Benefits	95	(3)
Benefits During Pregnancy	98	(5)
Strategies to Strengthen a Claim	103	(1)
Pregnancy as a Disability	104	(2)
Pregnancy Leave and Reemployment	106	(7)
Hazardous Jobs	113	(1)
ERISA Benefits	114	(5)
On-the-Job Rights and Conduct	119	(28)
Lie Detector Tests	119	(1)
Searches and Interrogations	120	(2)
Personal Appearance Rules	122	(1)
Office Romances	123	(2)
Legal Activities Off-Premises	125	(2)
Access to Records	127	(2)
Wiretapping and Eavesdropping	129	(2)
Right to Work in a Safe Environment	131	(1)
Right to Work in a Smoke-free Environment	131	(1)
Right to be Warned Before a Massive Layoff	132	(3)
Drugs and Alcohol Testing	135	(3)
Right to Apply for and Receive Workers' Compensation	138	(5)
Summary of Important Steps to Take While Working	143	(4)
Sex Discrimination, Sex Harassment, and Other Forms of Discrimination	147	(54)
The Law	149	(3)
Sex Discrimination	152	(1)
Sex Harassment	153	(11)
Sexual Bias Discrimination	164	(1)
Nonsexual Harassment	164	(2)
Final Points About Sex Discrimination	166	(2)
Age Discrimination	168	(11)
Final Comments	179	(1)
Handicap Discrimination	179	(6)
Racial Discrimination	185	(2)
Affirmative Action Plans	187	(2)
Religious Discrimination	189	(2)
Retaliation Discrimination	191	(2)
Strategies to Enforce Your Rights	193	(6)
Final Tip	199	(2)
What to Do If You Are Fired	201	(34)
Fired to Deny Accrued Benefits	202	(1)
Fired Due to a Legitimate Illness or Absence	203	(1)
Fired for Voting or Serving on Jury Duty	203	(1)
Fired for Whistle-Blowing	203	(1)
Fired for Attempting to Unionize, Complaining About Health or Safety Violations, or for Legal Off-Premises Conduct	204	(1)
Fired for Military Duty	204	(1)
Fired in a Manner Inconsistent with Company Handbooks, Manuals, and Disciplinary Rules	205	(1)
Fired as a Result of Discrimination	206	(1)
Fired Because You Assert a Sexual Harassment Claim or Charge of Retaliation After Filing a Discrimination Complaint	206	(1)
Fired as Part of a Large Layoff	206	(1)
Fired Inconsistent with a Verbal Promise	207	(1)
Fired in Breach of Contract Rights	208	(1)
Steps to Take When You Are Fired	209	(9)
Negotiating Strategies to Maximize Post-Termination Severance	218	(17)
Post-Employment Matters	235	(18)
Unemployment Benefits	235	(2)
Preparing for the Hearing	237	(3)
How to Resign from a Job Properly	240	(4)
Job References and Defamation Claims	244	(5)
Restrictive Covenants and Related Problems	249	(4)
Employment Litigation and Alternatives	253	(48)
Litigation Procedures and the Courts	253	(3)
Starting an Action	256	(5)
Evidence	261	(5)
Appeals	266	(1)
Mediation Procedures	267	(5)
Arbitration Procedures	272	(9)
Bringing Suit in Small-Claims Court	281	(8)
Workers' Compensation	289	(3)
Summary of Steps to Maximize a Discrimination Claim	292	(2)
List of Mediation and Dispute Resolution Organizations	294	(1)
Significant Women's Organizations	295	(2)
Important Federal and State Agencies to Contact	297	(4)
How to Hire and Work Effectively with a Lawyer	301	(18)
How to Find a Lawyer	301	(1)
The Initial Interview	302	(3)
Confirming the Arrangement	305	(8)
Problems Encountered After a Lawyer Is Hired	313	(6)
Glossary of Terms	319	(8)
Index	327