Do You Need An Employment Lawyer?

An employment lawyer is a legal representative who specializes in employment-related cases. If you believe that you have been wrongfully terminated, sexually harassed, treated unfairly and discriminated against, an employment attorney can guide you in your rights as an employee.

In addition to this, employment advocates often handle labor-related disputes, including issues regarding financial discrimination, worker's compensation, wages, and other types of injustices. So if you have recently been a victim of such discrimination or injustice, you should immediately contact a competent employment attorney. The lawyer will advise you in such a situation. Also, he or she will defend you at the court of law. Furthermore, he/she will handle all the paperwork and present arguments in your favor to win the case.

Does an Employer Need an Employment Lawyer?

As an employer, you also need the services of an attorney. While it is the responsibility of the employer to handle most of the employment issues, some matters are quite tricky and difficult to deal with. Thus, you will need the help of a lawyer conversant with matters employment. An employment attorney helps you stay abreast of changing labour laws, which may be difficult for you to understand or interpret in your own. He or she can review any agreements you entered with your employees, such as severance agreements and employment contracts.

He/she can review personnel policies or employee handbook to ensure legal compliance. In addition to this, a lawyer protects you against violating laws pertaining to occupational safety & health, pay checks, family leave and overtime pay just to name but a few. An employment advocate can also advise you when it comes to making critical decisions such as whether dismissing an employee is lawful and what steps you can take to reduce the risk of a potential lawsuit.

An Employment lawyer will offer you the best defense against the injustice done to you. Whether it is a case of harassment by the employer or a case of worker's discrimination, a competent and experienced lawyer will be able to defend you in the most professional manner.

Such a legal expert may also represent you to negotiate for compensation amount because if you don't hire his services you might get cheated by the employer. For example, an employer might trick you to get less compensation than you deserve.

When Is the Best Time to Contact an Employment attorney?

Many claims pertaining to employment law have deadlines or time limits often known as 'statutes of limitations'. That is why it is always recommended to file your case sooner rather than later. Even so, it is very important to choose an experienced and competent lawyer to represent you.

Things to Consider

There are several things to be considered when choosing an employment advocate. These include time involved, cost, location, etc. A lawyer can be found through referral services provided through various professional law associations or through friends and family. Information is also available through search engines on the internet or through the Yellow Pages. You can check advertisements of employment lawyers in newspapers and magazines.

So, you can see that there is a great deal of benefits of hiring an experienced employment attorney. If you feel you have a few claims to make against your employer or employee, then the best thing to do is to contact an employment lawyer in your area to discuss the issues. By Norah Achayo Amboko

Discrimination and Employment Law

Many people with Epilepsy complete a good education and go on to have a productive career. This can be in many areas. This depends on the person, their condition, circumstance's and of course their motivation. People with Epilepsy can work in many different occupations, but this is sometimes limited due to safety or the ability to drive.

Employers may give reasons for not hiring a person with Epilepsy. These may be the likes of your safety and the safety of others, the company's liabilities, concerns you won't perform and your ability to deal with the public. Producing an income is important for many reasons, such as self-esteem and supporting yourself and a family. Many people with Epilepsy work and positions are initially open to people with the condition.

Overall, there is no difference in job performance and productivity between workers with Epilepsy and others. Studies have shown that behavior, productivity of employees with Epilepsy is as good as or better than others. Accident rates are lower!! This comes from a motivation to work hard and prove that they are worthy of the workplace.

Should they tell their employer?

That's a difficult decision, really up to the person seeking employment. Will your Epilepsy have an effect on your employment? If your employer and work mates know about your Epilepsy, it is easily understood. If they do not want to hire you because of your Epilepsy, maybe they wouldn't have been the best person to work for. Does your employment require a driver's license, or is it just about getting to work each day.

There is always public transport, friends and work mates. So much with Epilepsy comes back to fear of the word EPILEPSY, or a general misunderstanding. 95% of the time things may be just fine. That depends on how severe your Epilepsy is and what type you have. But, if you have found an employer that can see past that small part of you, you're on your way to employment. If you have the qualifications, skills, and experience your on your way. If you're a hard worker with a good attitude, you are headed in the right direction.

An employer will generally ask about your health, so that is a good time to mention Epilepsy. Everyone is a health risk in some ways. Anyone could have a heart attack at any time. There is no warning of that, just like there is sometimes no warning of a seizure. But, everyone you are working with can know you have Epilepsy.

Epilepsy - Let's talk About It!! Be Positive!!
http://www.positiveepilepsy.com

Federal Labor Standards Make the Baseline of Employments Law

Whether you want to claim a severance or you want your employer to reconsider your termination, you have to consult a law firm that has lawyers with expertise in employment law. Once you are fired off your services you cannot claim anything from your employer unless you follow the proper means. To claim proper compensation or to claim justice, you need to employ an expert from an employment law firm.

The expert hired by you will guide you through the whole process of reclaiming justice. He will make you understand the entire process and what you can claim in compensation. Moreover, the expert you hire should also have proper knowledge of the employment law prevalent in the particular province. Though employment law is almost same in every province and more or less similar law code governs the companies that fall under the jurisdiction of a province; even then there are certain differences.

The highlighting factor is that the common law that governs the employment law in Canada is based on 'Federal Labor' standards. These standards make the baseline of employment law throughout the country. If there is any confusion about the provincial regulations to be followed then the federal standards are to be followed. These standards are the basics and it is like the main law related to employment and thus neither an employer nor an employee can show disregard to these laws and hence are bound to abide by them.

When you face a situation where you have lost the job and there is no valid reason or cause behind it, you are supposed to file a suit against the employer asking for the damages. However, these laws are not only to safeguard the rights of the employee, but it also safeguards the rights of the employer. Thus when an employer finds unlawful activities conducted by an employee or there is a breach of the terms and conditions that were laid down and agreed upon as part of the contract terms of employment then he can exercise his power vested by the federal labor standards and can terminate your services. The employer can also take the issue with an expert from BC law society and can move the court of law against the employee.

In addition, the severance claim also goes in vain if the employer has the upper hand. However, a person without proper knowledge of the employment law is not in a position to judge the case. And therefore, it becomes all the more necessary to employ an expert from employment law firm to put forward your point in the court of law and win justice and relevant severance from your employer.

Columbia Square Law Office offers its legal services to people seeking legal aid in case of employment law. It offers several other legal services in the region as the community legal firm.
By Terry Jake

Why You Need An Employment Litigation Lawyer Now

Hiring an employment litigation lawyer now, even before you are facing any type of lawsuit, makes sense. As an employer, you are continuously up against ever-changing local and federal laws. You must manage the process of not only bringing people on board and keeping your company running, but also do it by the strict standard of law to ensure you do not waste your money on fines and fees.

Yet, many businesses put off hiring these professionals. When they do, they often face the consequences in the worst possible way. To avoid your business becoming a victim of a simple lawsuit, have a professional by
your side.

Hiring and Firing Rules

One of the most common times to need an employment litigation lawyer is in the process of hiring and firing employees. It goes without saying that you only want to bring in the very best staff for your organization. You may have very strict standards you want to uphold within your organization.

Keep in mind that everything from the guidebook you use to orientate your new hires to the process in which you document your termination of individuals can be very important. It is in the fine details that potential legal problems can arise. It is best to work with an attorney who can help you ensure your business is organized and meeting all legal requirements from day one.

Handling the Lawsuit with an Employment Litigation Lawyer

Someone fell and believes you did not provide insurance coverage. Someone else believes they were harassed. There are dozens of potential problems that can occur that can leave your business on the line. If you are facing any type of lawsuit right now, it is best to have the most experienced professional on your side fighting for your organization. They will be able to protect you and your company for costly legal settlements and will be able to walk you through the entire process from start to finish, keeping your best interests in mind.

An employment litigation lawyer by your side is something essential for every business owner. With tough labor laws and limited support for business, you need this type of legal support just to meet the requirements set by the government. Taking the time to find the right legal representative for your company now can ensure you protected at all times well into the future. So, make it a priority to discuss your current business operations with a qualified attorney today.

Do you require the services of an employment litigation lawyer? Portland business owners can turn Bullard Law for assistance. For more information, visit: http://www.bullardlaw.com.
By Abraham Avotina

How Can Employment Law Solicitors Help Me?

Employment law is something that has the potential to affect any one who is an employer or employee of a business, at any time during their life. It is a complex area of law that continually undergoes changes as individuals' rights and legislation develops. To understand one area of employment law may be possible but to try and understand all relevant areas, all nooks and crannies of employment law would be very difficult. Statistics suggest that the majority of us will at some point through our working career come across areas where employment law is relevant. Understanding the potential route to take within this can be a difficult undertaking. The process can be made much simpler by the use of an experienced employment law solicitor.

Solicitors can make what seems a muddled and complex area much easier and have extensive experience in handling matters on behalf of both employers and employees in all areas of employment law.

There is a vast array of areas that any individual may be able to have a case for an employment tribunal. The following show a list of the areas that solicitors in the area frequently deal with:

• Unfair dismissal: This refers to the actions of the employer in terminating the employees contract for any unfair reason, solicitors are well equipped with experience dealing with such issues.
• Employment rights: There are vast areas under employment rights both for the directors of a company, the managers and the employees themselves.
• Health and safety: All precautions and procedures must be in place and understood by everyone involved in a business otherwise claims can be made here.
• Workplace discrimination at all levels, sex, race, age and disability
• Redundancy: Solicitors often have to deal with claims of unfair redundancy. Legitimate redundancy cannot be claimed upon.
• Gross misconduct: Solicitors here deal with the actions of individuals within a business.
• Maternity issues: This covers all areas within maternity, whether maternity leave or maternity pay.
• Disciplinary proceedings: The disciplinary proceedings within employment must be of a set standard, any disciplinary proceedings outside the usually norm can be brought in form of the employers tribunal, through the help of a solicitor.

It is unexpected for an employer or employee to have a vast knowledge in the area of employment law, if any at all. It seems ridiculous to me that employers need not have any knowledge of employment law to start up a business and employ people. It is something that is meant to just be picked up as they go along. However, in such a legal complex field where claims can be made from all angles, I would certainly want to have a relative knowledge base before employing people in to my business.

The fact that both employers and employees will rarely have any understanding of the ins and outs of employment law results in the substantial need for an employment solicitor. If a claim to the employment tribunals is to be successful, the advice and expertise of an experience solicitor is essential.

It is important to remember that under employment law it isn't just the employees that can make a claim. This is a common misconception. The employers are able to make claims against the actions of their employees too, should this be the case. Whatever the situation, the advice is to always deal with any employment problems with the assistance of a solicitor. It will make the process simpler and more efficient and much less stressful for the individuals involved.

I am a legal writer who specialises in employment law, if you would like more information about employment law solicitors, I suggest you have a look at lawontheweb.co.uk.

Employment Law More Important Than Ever

Although California has the world's eighth largest economy, experts anticipate difficult times ahead as the state struggles to recover from the recession. The UCLA Anderson Forecast Group has said they expected to see unemployment at 10% or higher through late 2011. The figures show that in today's challenging economic climate where a steady paying job is as important as ever, a good understanding of employment law is a must.

According to the Bureau of Labor Statistics, California worker's compensation system covers 15,256,000 employees working for over 800,000 employers in the state. These employees and employers generated a GDP of $1.8 trillion in 2007. In addition, 644,700 occupational injuries and illnesses were reported in 2007. Statistics also showed that in 2007, there were at least 229,871 compensation related hearings.

Some Companies Disregard Employment Laws

A steady paycheck offers more than just a way to provide for your family's needs. It provides a sense of security that is hard to come by these days. Unfortunately, some employers intentionally or unintentionally neglect or refuse to pay their employees what they are rightfully owed under their contracts or under California law.

In September 2009, the California Labor Commissioner filed a $17.5 million lawsuit against the Federal Loan Modification Law Center for failing to pay their workers for all the hours worked.

In December 2008, the commission also filed a $250,000 lawsuit against an online health care company for unpaid wages. The commission hit the nail squarely when it argued that companies that fail to pay their employees when wages are due create hardships for employees who depend on their wages for the necessities of their family.

Know Your Employee Rights to Protect Yourself and Your Family

Sadly, many employers will go to great lengths to avoid paying their employees properly so they can maximize their profits, even if it means that families must struggle to survive. They count on their employees' ignorance of employment law or their fear of confronting their superiors. Hence, it is important to be apprised of one's rights for the sake of one's self and, more importantly, one's family.

For example, many employees are unaware that under California employment law, they are entitled to wages if they are forced to work through or miss a meal or rest period.

They're also unaware that under California employment law, companies cannot deduct, subtract or withhold from an employee's wages the cost of doing business. This means, for example, that if your company forces you to wear a uniform; they cannot force you to shoulder the expense of paying for and maintaining the uniform.

In addition, many employees do not know how to properly calculate wages due to them for overtime.

Aside from unpaid wages, employees also face the prospect of suffering workplace injuries. Statistics from California's Department of Industrial Relations showed that in 2005, at least 456 employees were killed in occupational accidents. Out of the number, 384 were wage and salary workers and the majority were men between the ages of 35 and 44. Some common workplace injuries include slip and falls, back injuries, carpal tunnel syndrome and mental stress.

The Labyrinth Of Employment Law and Filing Claims

Unfortunately, fighting for one's rights can be fraught with many obstacles. When the Government Accountability Office (GAO) recently discovered many troubling trends on how labor complaints were handled.

They discovered that the department tasked to enforce laws on minimum wage and overtime responded slowly to complaints and had a poor complaint intake process. In addition, they also found that many claims were insufficiently investigated. The same problems unfortunately plague California's Division of Labor Standards Enforcement (DLSE). In short, these public entities do not have the resources or manpower to handle all of these labor complaints.

In addition to these obstacles, the process is made even more complicated by the fact that even the DLSE has no set criteria on how to define an independent contractor. This means that one must often look to the interpretations of courts and enforcement agencies to decide if in a particular claim, one is an employee or an independent contractor. Because of their lack of resources and inability to adequately investigate each claim that comes to the, the DLSE has even urged employees to enlist the help of an employment lawyer.

The author Oscar Wilde once said that the best way to appreciate one's job is to imagine oneself without it. But having a job and not getting paid properly for it is not only frustrating, it is illegal.

In over three decades, BISNAR | CHASE lawyers have represented over six thousand people in car, motorcycle, truck, pedestrian and other personal injury cases. The law firm has an "AV" rating, the highest level of professional excellence, by Martindale-Hubble. John Bisnar, who is the author of this article, and his partner Brian Chase each have a "Superb 10/10" Avvo rating, the highest possible. John was named a "Community Hero" by the United Way, while Brian was named a "Trial Lawyer of the Year" in 2004,one of the 2007 Top 100 Trial Lawyers, and a 2009 OC METRO Top Personal Injury Lawyer. Isn't this the legal team you want representing you? For more information on employment law, visit http://www.employee-rights-attorneys.com or call 1-800-561-4887 for a free consultation.

Copyright 2009 BISNAR | CHASE. All Rights Reserved.

At Work With Employment Laws

Title VII of the Civil Rights Act of 1964 and state extensions of Title VII when added to the ADA, FMLA, ADEA, EPA, FLSA, USERRA, PDA, OSHA, OFCCP, Affirmative Action, Workers Compensation, Minimum Wage, with many others, create a firestorm of confusion for those who are unfamiliar with employment laws. What is confounding is that any one of these laws with the exception of Title VII can change abruptly with court decisions and also yearly with Congressional, state, local, or legal decisions or actions. If an employer or an employee were to actually take a comprehensive look at the myriad of employment laws that protect the employee or that the employer is legally required to be aware of and adhere to, their heads would spin!

Employers and employees constantly ask me the question, "Does this law pertain to me? The answer is not always a pure yes or no. An employment law may apply to some employers or employees and may not with others depending upon how many employees an employer has or possibly whether the employer is a federal contractor or not or even s where the employer may be located.

A perfect example is Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination based upon race, religion, color, national origin, sex or handicap. Maryland takes this a few steps further to include sexual preference, familial status, and genetic code. Baltimore Maryland takes it even one step further with protection for the category of transgender. Since Johns Hopkins Hospital is within the Baltimore city limits, it must adhere to all of the above stated protected categories. A neighboring employer in a city such as Towson adjacent to the Baltimore city limits would not have to have protection for transgender and a city such as McLean, Virginia less than 45 miles away would not have protection for genetic code, transgender, or familial status but would still maintain the Federal law that applies to everyone...well almost everyone.

Now, when you take into consideration that Title VII and any or all extensions thereof is applicable to only for employers of who have 15 or more employees, the ADEA applies to employers who have 20 or more employees, and the EPA applies to employers with any number of employees, the confusion for employers and employees is readily apparent.

Employment laws sometimes contradict long established personnel policies that have failed to realize changes through legislation or legal decisions that affect compensation, payment of earned vacation or other earned benefits. Those contradictions can be a ticking time bomb waiting for a lawsuit to occur or for sanctions to be applied. The Federal Department of Labor or EEOC, just like the IRS with taxes, is not amenable to employers claiming to be ignorant of employment laws that pertain to them.

What can be done to prevent either a misapplication or violation of employment laws? First of all an employer contemplating opening a business should be cognizant of employment laws that pertain to that business prior to opening the door for their first day. Second, the employer should hire a professional EEO Officer well trained with expert knowledge and application of employment laws and who is an experienced EEO Investigator in the workplace. Employers should not rely solely upon human resource generalist to make these decisions. While HR generalist may have some knowledge of employment laws, it has been my experience that an EEO specialist will be a welcomed addition to that HR staff. Much larger firms or businesses should of course consider hiring both an EEO specialist and a labor law attorney especially when government contracts are involved.

Courts will generally ask an employer during a discrimination law suit how employment laws are disseminated to their employees. Are they merely posted on a bulletin board (which some are required to be posted) and the employee given a handbook to read, or are employees provided this valuable information on the day of hire through an orientation with supplemental training throughout the year? It is in the best interests of an employer to hire experienced EEO professionals and/or legal counsel. Doing so will lessen liability they will likely incur if there are discrimination lawsuits. The bottom line for an employer is that an employer may actually prevent that one damaging lawsuit from occurring. How they do that is by taking the affirmative steps to ensure compliance with the law and applying all of the employment laws with the genuine intent to ensure full equal employment opportunity.

John Paul Fuller, MA, MS

Adventures in Questionable HR Management

The cardinal rule of HR Management should always be Do Not Let Management Overreact and Make a Bad Situation Much Much Worse.

This is not always easy to do. Case in point this week: Apple Computer (Disclosure: I love Apple Computer and own, much to my wife's dismay, virtually every product they have ever come out with, so it pains me to point out this questionable HR management moment but, alas, that is our job.)

Apparently, Apple Computer has an employee talent show in which it invites employees to participate with there own performances. (Think of it as "American Idol" for computer programmers.) In the most recent show, a customer service rep performed a somewhat humorous poem along the lines of "Def Comedy Jam". (If you don't know what this is, stop a teenager on the street and ask them. - That's what I had to do.) Said poem made a humorous reference to leaving a rude customer on customer service hold for a very long time.

Management no likey the poem. Management fire the employee.

OK, now I guess I can understand management not being completely pleased with an employee mentioning customer hold times as a part of a comical skit. To my mind it really isn't all that offensive (and not terribly unrealistic given some of the hold times I have racked up on tech support lines) but whatever, its your company.

Here's the rub: Sometimes things are only a big deal because you make them so. Had management called this employee in the following week and said, "Hey, I saw your act. I know it was in the spirit of fun and everything but in the future let's not reference doing anything bad to our customers b/c that is against our company ethic, etc. etc." that would have likely resolved the issue and no one would have even remembered the comment the next day.

By overreacting (in my opinion) and firing the employee in the heat of the moment, you invite trouble. Co-employees will be upset. The event will take on more importance than it deserves and make the water cooler rounds for a few weeks. Management is open to all kinds of comments like "Think different...just don't say it." (For the uninitiated, "Think Different" is an old Apple slogan.). And....who knows what the terminated employee will do.

Well, in this case, we actually do know. He used his Apple computer (which is an excellent tool for putting together slick little media pieces quickly) to produce a movie titled "Why I got Fired from Apple." He posted it on the web. And now, thousands of people get to see the performance that got this employee fired and decide decide for themselves about the professionalism or lack thereof of his comments.

Thus, what was arguably an inappropriate remark made at an internal company function is now a public piece of video getting more airplay than all of Apple's Ipod ads. In short, the situation is much, much worse.

Incidentally, here is the video:

Nod to HR Lori for the link.