Employee Benefits Legal Guides (40 found)

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Written by Avvo Staff
Federal law governs many employee benefits, including health care and pensions.
Jon L Gelman
Written by Jon L Gelman
Contributor Level 5

A licensed practical nurse who suffered from preexisting pulmonary disability was permitted to recover benefits against her employer when a co-employee sprayed perfume at work.
David M. Blanchard
Written by David M. Blanchard
Contributor Level 3

If an initial claim for unemployment benefits are denied, it is important for an unemployed worker to understand why they were denied, and what they can do request a re-determination or appeal to protect their rights and get a proper and just determination. These are the next steps.
Alan C. Olson
Written by Alan C. Olson
Contributor Level 4

Before you can launch a successful appeal against your long-term disability benefits carrier, you have to "get the goods." What I'm referring to are the pieces of information that your carrier has been using against you behind the scenes.
Adam Augustine Carter
Written by Adam Augustine Carter
Contributor Level 3

The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits employment discrimination against persons because of their service in a uniformed service.
Michael Lewis Van Cise
Written by Michael Lewis Van Cise
Contributor Level 5

This legal guide discusses the impact of retirement assets such as a 401(k), Roth IRA, IRA, SEP, or SIMPLE, on medicaid and SSI eligibility. The general rule is that SSI recipients should not place assets in retirement vehicles if they wish to retain SSI benefits.
Joni L. Landy
Written by Joni L. Landy
Contributor Level 3

The Genetic Information Nondiscrimination Act ("GINA") prohibits discrimination by group health plans, health insurance issuers and employers against an individual based on the individual’s genetic information.
Joni L. Landy
Written by Joni L. Landy
Contributor Level 3

The law was enacted to ensure that dependent students who take a medically necessary leave of absence do not lose health insurance coverage.
Alan C. Olson
Written by Alan C. Olson
Contributor Level 4

Prove your disability: 1) motivate your doctor to articulate your limitations; 2) discuss your job duties with your doctor in detail; 3) compile every shred of information that supports your disability; and 4) build your own team of skilled professionals to develop your legal/medical case early on.
Alan C. Olson
Written by Alan C. Olson
Contributor Level 4

Look beyond the administrative record to reveal lack of medical knowledge, sloppy handling of the evidence, and a pro-carrier bias against the claimant by the LTD claim administrator that a court will likely find resulted in an unreasonable denial of long-term disability benefits.
Francis J. Collins
Written by Francis J. Collins
Contributor Level 4

Maryland Courts prohibit agreements that waive a salesperson's right to commissions upon termination
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Written by Avvo Staff
Both workers’ compensation and social security disability insurance can provide income to an impaired employee, but they vary in how they work.
Brian Gerard Reddy
Written by Brian Gerard Reddy
Contributor Level 4

If you are a railroad employee who was injured while being transported to/from your job, you have the right to request compensation for the injury.
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Written by Avvo Staff
Statutory workers’ compensation is the national program for workers’ compensation regulated, for the most part, by state laws.
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Written by Avvo Staff
Pregnancy job discrimination is prohibited by Title VII of the Civil Rights Act and the FMLA.
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Written by Avvo Staff
Workers' compensation is an insurance program that allows employees to receive financial compensation, vocational training, employment assistance, and other benefits for injuries they got while on the job.
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Written by Avvo Staff
Some employees, such as corporate owners, may file for a workers’ compensation exemption in order to lower their companies’ insurance premiums.
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Written by Avvo Staff
Federal and state laws prohibit age discrimination in any aspect of employment.
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Written by Avvo Staff
Federal and state laws prohibit racial discrimination in any aspect of employment.
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Written by Avvo Staff
Employment discrimination based on an employee’s medical condition is prohibited in many cases by the ADA and the FMLA.

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