Have a general question about employment law? Want to share a story? I welcome all comments and questions. I can't give legal advice here about specific situations but will be glad to discuss general issues and try to point you in the right direction. If you need legal advice, contact an employment lawyer in your state. Remember, anything you post here will be seen publicly, and I will comment publicly on it. It will not be confidential. Govern yourself accordingly. If you want to communicate with me confidentially as Donna Ballman, Florida lawyer rather than as Donna Ballman, blogger, my firm's website is here.

Tuesday, July 15, 2014

How Do I Prove Sexual Harassment?

An AOL Jobs reader asked:

I was just wondering if I will get in trouble for bringing light to my situation at work, I'm being sexually harassed by my supervisor. It started back in July and I've made multiple complaints, nothing has been done except the incidents have been "documentedIt's very uncomfortable to work with him because he retaliates by making me work late so I have to stay there with him. I even called corporate and they told me I need to continue to work with him and let them know how it goes. It's not fair and I thought harassment would be taken more seriously. I work for a big company so I'm scared. I'm tired of everyone else not speaking up though so I don't care anymore. The management and human resources are corrupted, they don't follow their own policies. I've already contacted news stations trying to get them to publish my story because no one's on my side. A lawyer said it would be too hard to prove this in court. Something must be done. Tomorrow I will be contacting the EEOC. Could you please give some advice on this situation?
No doubt, proving sexual harassment can be difficult, because it is usually your word against the harasser's. Still, you shouldn't just continue to be sexually harassed without taking action. 

To read about eight steps you can take if you're the victim of sexual harassment at work, read my article How Do I Prove Sexual Harassment?

Friday, July 11, 2014

Can My Employer Ban Me From Speaking Spanish To Co-Workers?

An AOL Jobs reader asked:
Good afternoon, I have a question. I was just told by my supervisor that I cannot speak Spanish to my coworkers in our department. She states that some other non-Spanish speaking workers claim it makes them uncomfortable. I am asked to assist Spanish-speaking customers with no additional pay, but this is not a concern. I will certainly comply with this request, but I am not sure if it is fair or even legal. I hope you can clarify this for me. Thank you for your assistance.
I'm always surprised how many employers try to impose English-only policies or ban speaking a particular language when there are so few circumstances where such a policy would be legal. Most English-only policies at work violate the laws against national origin discrimination.

Take a look at my article Can My Employer Ban Me From Speaking Spanish To Co-Workers? to find out more about English-only policies in the workplace.

Tuesday, July 8, 2014

What Every Teen Needs To Know About Getting Paid At Work

I wrote about general workplace rights teens and young adults need to know. And before that I wrote about workplace sexual harassment. But there's even more you probably didn't learn about work when you were in school. I bet your high school and college didn't tell you about what you're entitled to be paid under the law, what hours you're allowed to work, how to figure out if your internship should be paid, and allowable work breaks, did they?

If you're a teen or young adult starting or looking for a summer job or internship, getting paid (or getting a meaningful learning experience) is one of the most important things. Otherwise, you could be at the beach or ziplining. If you're a parent, friend, guardian or relative of someone entering the workforce for the first time, make sure they know their rights on getting paid. Otherwise, they'll be hitting you up for funds, right? No worries. 

Read my article What Every Teen Needs To Know About Getting Paid At Work to find out what you need to know about teen and young adult wages, hours, unpaid internships and breaks.



Tuesday, July 1, 2014

9 Things Every Teen Should Know About Workplace Rights

If you're in high school or college, odds are you're looking for a summer job or internship. Maybe you're even working during the school year. Of course, your school gave you detailed preparation on what your legal rights are when you work. Right? Ha. Not a chance. Schools do roughly zip to prepare teens for the real world workplace. You have to figure this stuff out on your own.

Well, I'm here to help. I wrote last week about sexual harassment, but there's more you need to know. If you're new to the workplace or getting ready to apply for an internship, this is the article for you.


If you are the parent, relative, guardian or friend of a teen who is about to enter the workforce, do them a favor and print, tweet, email (do teens email?), text, Instagram or Pinterest this to them. (You can probably forget about Facebooking it to them since they all fled when their parents got on Facebook.)

Read my article 
9 Things Every Teen Should Know About Workplace Rights to find out what your high school or college probably didn't teach you about workplace rights.

Friday, June 27, 2014

Are 9 Sexual Harassment Cases And A Naked Dancing Video Cause For Firing? Maybe Not

When AOL Jobs asked me to write a column commenting about Dov Charney's firing from American Apparel, my first reaction was to roll my eyes. Of course it was "for cause," I thought. The founder of the iconic clothing company has been hit with nine sexual harassment charges (that we know of). And then there's the #NSFW naked dancing video showing him dancing with full flappage in front of female employees. It seemed obvious to me that his firing would be considered to be "for cause" under his contract. 
But was it? Maybe not.  
Read my latest column, Are 9 Sexual Harassment Cases And A Naked Dancing Video Cause For Firing? Maybe Not to find out why.

Tuesday, June 24, 2014

What Every Teen (And Parent) Needs To Know About Sexual Harassment At Work

Thinking about a summer job or internship? I bet you didn't know that, if you are an intern, there is no federal law against sexual harassment of interns. Some states have recently passed laws to fix this horrible omission. If you live in New York, Oregon or DC, you're protected. Other places, not so much.

Big problem, right? That makes stepping out into the work world doubly scary. Your high school and college probably didn't prepare or warn you about the possibility of sexual harassment at work and tell you what to do about it.

If you're a teen or young adult new to the workplace, this article tells you what you need to know about sexual harassment at work. If you're a parent, guardian, relative or friend of a teen, make sure they know this vital information before you send them out there into the great wide world.

Read my article What Every Teen (And Parent) Needs To Know About Sexual Harassment At Work to find out what you need to know about sexual harassment. And if you aren't concerned, take a look at my article about the poster boy of sexual harassment of teens at work.

Friday, June 20, 2014

Florida Legalizes Medical "Marijuana" But You Can Still Be Fired For It

Florida's Governor signed a bill legalizing a form of medical "marijuana" called Charlotte's Web this week. The law will go into effect next year. I'm underwhelmed. While it's a bit of a victory for patients covered under this new law (cancer or a physical medical condition that chronically produces symptoms of seizures or severe and persistent muscle spasms), as is typical with Florida laws there is zero protection for employees.

What this means is that, even though Charlotte's Web is "low THC" and thus non-euphoric, so you won't be impaired when using it, you'll still likely fail any drug test if your employer has mandatory drug testing. Heck, here in the Sunshine State your employer can fire you because they didn't like your shirt that day. They can certainly fire you for using legalized marijuana even if it is for a severe disability and recommended by your doctor.

Arizona, Delaware and Minnesota have all passed specific laws stating that legal users of medical marijuana can't be fired for positive drug tests unless they're actually impaired on employer premises or during working hours. It's a sad day when Arizona has better employee protections than, well, anyone. Yet Florida remains one of the worst states for employees in the nation. We're number one! Yay!

There's also a ballot initiative in November that will let voters choose a much broader medical marijuana law that opens up use to people with even more medical conditions and allows doctors to recommend regular marijuana instead of the wimpy cousin that's the subject of this new law. You'd think the ballot initiative authors would have thought to put something in protecting employees, but no. You can read the full text here, and shockingly absent are any employee protections.

Connecticut, Arizona, Delaware, Illinois, Maine, Minnesota and Rhode Island all prohibit workplace discrimination regarding medical marijuana users. I think it's completely irresponsible to pass laws allowing people to use medical marijuana but not protecting their jobs. While Florida's ballot initiative is a start on the road to treating people with disabilities more humanely, we also need to protect their jobs.