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Posts by Hitchcock & Potts

What Is An Arbitration Agreement For Employment?

In years past, a case of discrimination against an employee or employees might yield a large verdict, especially if the jury could be made to empathize with the plaintiff’s struggles against their large employer. However, this has become less and less common, for a variety of reasons, not least of all because many employers are…

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Disability Definitions In Different Laws

The colloquial meaning of the word “disabled” is fairly clear. The word refers to someone who, due to some sort of mental, physical or developmental abnormality, cannot perform certain tasks normally expected of someone of the person’s age and cognitive ability. However, in a legal context, disability takes on not just one, but many different…

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Understanding Wage Rights

One of the most fundamental aspects of employment is receiving a paycheck reflecting an agreed upon amount of labor and wage. However, if an employment relationship deteriorates, one common tactic often used to try and cow an employee into submission is a refusal to pay wages. This is against the law and, unless your employer…

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Employee Background Check Rights

Nearly every job interview will eventually require a background check, and not all checks are created equal. However, depending on the type of question asked, this normally routine procedure can be discriminatory. It is important to remember that employee background check rights are legally protected. If you believe that you have been asked inappropriate questions…

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Hostile Work Environments & Politics

In today’s contentious political climate, many employers have begun to impose blanket bans on political talk, even when employees are on break or at lunch. Emotions run high and opinions are strong. But do these uncomfortable situations really constitute hostile work environments for employees? The answer is likely more complex than one might think.

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South Carolina Employee Rights

Because the United States is comprised of fifty different jurisdictions, it can sometimes be confusing to try and understand your rights as an employee. South Carolina does guarantee certain rights to employees and contractors, and they do differ somewhat from neighboring states. One has to be aware of those rights to be certain that you…

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Discrimination Due To Unprotected Characteristics

If you experience discrimination based on a characteristic such as race, gender or national origin, you are generally able to either bring a lawsuit or at least have your complaint investigated by the Equal Employment Opportunity Commission (EEOC). However, there are certain characteristics, especially in female-presenting people, which are often used as excuses to discriminate,…

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Undocumented Workers Rights

As one might imagine, undocumented immigrants are not, in theory, supposed to work while in the United States. However, many employers hire them anyway, for a variety of reasons. And many are then surprised when federal and state laws protect their rights on the job. While the state of South Carolina has not as of…

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The Reach of the Equal Pay Act (EPA)

Rightly or wrongly, it is a common perception in the United States that the wage gap is a myth—that in fields where the genders are hired at a roughly equal clip, wages are also roughly equal. In reality, disparity remains. Regardless, even if the genders were always paid equally, there are those who would use…

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