| Q: |
What do I do if I think that I am discriminated against? |
| A: |
If you feel you were discriminated against on the basis of race, sex, color, national origin, religion, disability or age, then you may file a charge of discrimination with the Equal Employment Opportunity Commission within 300 days, or The Cochran Firm Commission on Human Relations (850-488-7082) within 365 days of your employer's discriminatory conduct in order to preserve all of your rights under Federal and The Cochran Firm Equal Employment Opportunity Laws. If you do not file a charge of discrimination within those time periods then you will waive your right to do so.
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| Q: |
What do I do if I am harassed on the job? |
| A: |
If you are being harassed on the job (as a result of race, sex, color, national origin, religion, disability or age) then you must first determine if your employer has a harassment policy. If there is such a policy, you need to follow the procedures set forth in that policy for reporting the harassment. If your employer does not have a policy, or if your employer does not resolve the matter for you, then you may consider filing a charge of discrimination with The Cochran Firm Commission on Human Relations or the Equal Employment Opportunity Commission.
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| Q: |
When am I entitled to overtime? |
| A: |
The Fair Labor Standards Act requires payment of overtime for all hours worked over 40 in a work week unless the employee is exempt from overtime. You may be exempt from overtime if you are an executive, administrative or professional employee, a computer professional, or an outside sales employee.
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| Q: |
If I am terminated, am I entitled to unemployment compensation? |
| A: |
Employees are generally entitled to unemployment benefits unless he or she has voluntarily quit their job without good cause attributable to the employer and if the employee was not discharged or suspended for misconduct connected within the workplace. Misconduct may include reporting to work in an intoxicated state, absenteeism, insubordination, and theft. Poor performance or unsatisfactory conduct may not be misconduct.
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| Q: |
If I am disabled, am I protected by the law? |
| A: |
The Americans of Disabilities Act covers employees with employers of 15 or more employees and they may not disqualify individuals with a disability. The ADA disability is defined as a physical or mental impairment that substantially limits one or more major life activities of an individual, or an individual has a record or history of such impairment, or the employee is regarded by the employer as having such impairment. Conditions such as cerebral palsy, epilepsy, multiple sclerosis, aids, heart disease, and diabetes may be disabilities.
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| Q: |
If I file a claim for workers' compensation and then I am terminated, am I protected? |
| A: |
If you assert a right such as filing a claim for workers' compensation, then an employer may not terminate you simply for filing a claim. An employer may not retaliate against you for asserting a right to which you are entitled (filing a workers' compensation, discrimination complaint, complaining about harassment).
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| Q: |
Can I look at my personnel file? |
| A: |
Generally no. If you are employed by a private employer (a non-state or local agency), you have no right to review or copy your personnel file unless your employer consents.
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| Q: |
Am I entitled to Family Medical Leave if I get sick or a family member gets sick? |
| A: |
An employee who has worked for an employer for at least 12 months, has worked at least 1250 hours over the last 12 months and works at a location where at least 50 employees are located within 75 miles may receive up to 12 weeks of unpaid leave for the birth of a child or placement for adoption or foster care, to care for an immediate family member with a serious health condition, or the employee is unable to work due to his or her own serious health condition.
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| Q: |
If I am terminated and sign a release for a final paycheck, can I then sue my employer? |
| A: |
If you sign a release when you are terminated in exchange for severance pay then you might waive any right you have against your former employer, depending upon he language of the document. The one exception is that if you are over 40 years of age, any release you sign must contain certain specified clauses to be effective.
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| Q: |
What happens if the work place is not safe? |
| A: |
The Occupational Safety and Health Act of 1970 (OSHA) requires employers to provide a workplace free from safety and health hazards and comply with standards set by the Occupational Safety and Health Administration. If you feel that your employer has created an unsafe working environment, then you may contact the Occupational Safety and Health Administration.
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