What To Do Against Wrongful Termination of Employment?

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Even if you haven’t done anything wrong, there might be a situation when you will be terminated from your work. You may be wrongly terminated for no good reason or owing to a particular conflict. This is termed wrongful termination of the employee. Wrongful termination is one of the most common sorts of employment disputes, and it may be a very difficult scenario for employees to deal with.

Hundreds of thousands of people are wrongfully terminated each year for employment disputes with no apparent cause. As a result, knowing what to do in the event of wrongful termination of employment is critical. Several laws are used to take responsibility for wrongful termination.

Reasons For Wrongful Termination

When evaluating the termination of employees owing to wrongful termination, certain grounds must be established. This includes:

  1. Discrimination is based on race, religion, caste, gender, and a variety of other factors.
  2. Failure to follow the company’s guidelines may result in the employee’s termination.
  3. Determine whether there has been a violation of public policy.

The laws are made strict to enable the protection of the employees to get all essential benefits if they are treated wrongfully and are subjected to termination.

Laws Against Wrongful Termination

A great range of wrongful termination cases is observed each year due to several reasons. It is necessary to recognize that the employer may be able to provide compelling and valid reasons for the termination. If the employee is not given a reasonable opportunity to be heard, the wrongful termination act may apply. Such termination may jeopardize the employer’s market image in terms of its reputation. This may result in a breach of a person’s fundamental rights.

Thus, the concerns are to be dealt with under labor and industrial laws, in which the legislature can deal with a variety of legal difficulties, ranging from the protection of workers’ rights to regulating situations. The labor laws ensure employee protection and are a welcome step toward simplifying the process of dealing with labor difficulties. Here are some of the wrongful termination workplace laws:

  1. The Civil Rights Act (1964)

This act prohibits discrimination on the basis of religion, color, race, and national origin in hiring and promotion.

  1. The California Fair Employment and Housing Act

This law provides protection against discrimination, retaliation, and harassment of employees. This application is for all employees irrespective of full-time or part-time.

  1. The Federal Age of Discrimination Act 1975

This law states the prohibition of discrimination on basis of age in programs and activities related to federal financial assistance.

  1. Family and Medical Leave Act

This is a labor law in the US that provides protection to employees in regard to their job and unpaid leave for any medical or family reasons.

  1. California Family Rights Act

It provides the employees with 12 weeks of unpaid, job-protected leave for the employee in case of serious health conditions of his family including himself, or any other emergency like bond with a new child.

How Can An Employee Make A Formal Complaint?

An employee who has been unlawfully terminated by his or her employer should file a formal complaint with the Human Resource department first (HR). There are numerous instances in which the HR Department can address all concerns and restore the employees’ jobs. However, if the HR department fails to act, the employee has the right to file a legal notice with the company seeking damages for back pay, missed benefits, provident funds, and health insurance, among other things.

However, to resolve the legal issue without further complications, it is recommended that you see a legal expert who has everything legally cleared, and you may even share your dilemma to receive unbiased, honest, and correct advice.

Mike

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Ways To Prevent Time Theft in The Workplace

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How to Manage Time Theft in the Digital, Remote Work Era

Meta Description: What is time theft and how should you deal with it? Here’s what you need to know about time theft and handling these misbehaviors in a remote work setup.

In a pandemic-stricken world, most offices shifted to work-from-home setups. Employers had no way to make sure that their employees actually work during office hours.

This resulted in time theft where employers pay even for the time that isn’t spent on doing work. Time theft could be accidental or on purpose. Regardless, it should be addressed as soon as it comes up. This is to prevent employees from thinking that it’s okay to slack off at work just because they aren’t actually being monitored.

Facts About Time Theft

Time theft is actually a form of misconduct. And it could get you fired from your job.

Occasional short work breaks are fine. They’re normal, even. But if these breaks take longer than a few minutes, it’s considered time theft.

If you’re spending too much work time browsing through social media, you’re also committing time theft.

And that’s a serious problem. A few minutes off work from time to time may seem harmless at first. But even a few extra punched minutes into an employee’s timesheet could cost the company a lot.

These few minutes could add up to weeks’ worth of not working in a year. Employees might be tempted to slack off at work thinking that they can get away with it.

Spending work hours doing something else unrelated to work isn’t ethical. It shouldn’t be tolerated in any workplace.

How to Manage and Prevent Time Theft

If you start noticing questionable behaviors from your employees, you should act immediately. Here are some ways to manage and prevent time theft in a remote work setup.

Inform Your Team

Since the work-from-home setup is relatively new for most of us, employees could cause time theft accidentally. It would only be fair to come up with policies that could help address and prevent time theft.

Set up a meeting with your team to discuss time theft in remote work areas. Define the behaviors that would be considered time theft. Let your team know of the possible consequences of time theft.

Make sure your approach isn’t accusatory. The goal is to inform your team and keep them from committing time theft. You shouldn’t make your team feel like they’re being lectured on misbehaviors that they might not be aware of.

Use Software to Track Time

Make sure you use reliable software to track work hours among your employees. It should be easy to navigate. It should also be automated to avoid manipulation and adjustments of work time.

Your employees should also be able to see everything that gets tracked. This is so that you can be transparent about the information you’re basing on. Through this, employees can also see where they could improve.

Communicate With Your Team Properly

Let them know when overall productivity is taking a dip. Check-in on them and listen to their concerns. Take these into account and try to address the issues as much as you can.

Your aim should be to help them where they’re having a hard time. This would make your employees feel less antagonized.

You’d also be creating a healthier work environment for everyone when you listen to your team’s inputs. And while you’re at it, make sure to consider these inputs in decision-making.

Time Theft in Remote Work Setups

Time theft may be a tricky thing to handle. It’s hard to prove time theft unless you have solid evidence against an employee. If you need advice on how to address time theft cases in your company, get in touch with employment lawyers.

But again, here are the ways to manage and prevent time theft in remote work setups:

  • Inform your team about time theft and the behaviors that are linked to it. Discuss policies on time theft so that your team becomes aware of its consequences.
  • Use reliable software to track work hours and productivity. It should be user-friendly. The reports should also be available to the employees so they can see where they need to improve.
  • Communicate with your team and ask them where they’re having problems. Listen to their inputs. Take these into consideration when you decide on certain things.
Mike

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5 Common Employment Law Issues

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Alberta and Canada have laws that protect basic employment rights. You have the right to know about the hazards you might encounter in your job. You also have the right to refuse to do something that might put you or your colleagues in danger. These laws are in place to make sure that no one is being treated unfairly at work.

Employment law deals with unjust practices in the workplace. It covers a lot of issues that workers may experience while on the job, including your employment contract and whether it has been violated.

Common Employment Law Disputes

An employment contract is an essential part of any job.  An employment contract can be written, unwritten (verbal), or a bit of both.  Employment contracts contain terms on the duties and obligations of both the employer and the employee. Understanding your employment contract helps you understand what you are getting into when you accept the job.

Disputes are present in most workplaces. At some point, you might feel like you’re not getting paid enough based on your contract and the labor that you’re putting into your job. You might also feel like you are being unreasonably excluded from company matters.

This is why written and unwritten employment contracts are important. They provide a solid legal basis should you decide to file a dispute against your employer. They also provide more security and stability to you as an employee.

Let’s now look into five of the most common employment law issues that people face in their place of work.

Wrongful Termination Allegations

Some employees get fired because of misconduct, poor performance, frequent tardiness, etc. Others get dismissed because of some direct breach of their written employment contract. If the employee breach is serious enough, these sorts of terminations are called “just cause” terminations, and are not considered “wrongful termination”.

If an employer has just cause, the employee is not entitled to any severance.

But some employees get fired without proper justification or “just cause”. In those situations, the employee will often have a valid legal complaint, including that they should receive severance.

If you feel like you’ve been wrongfully terminated, contact an employment lawyer. Discuss how you can raise a dispute to contest either the reason for the termination of the amount of reasonable notice (severance) you are being offered.

Overtime and Wage Disputes

Overtime and wage disputes commonly occur in the workplace.

Managers are generally exempt from overtime pay. Some employers may give you a ‘managerial’ position to try and get away without paying you for overtime. But if your job is not mainly supervisory, you may have a valid dispute against your employer about overtime.

Your employment contract may require that you should receive benefits immediately after hiring or right after your probationary period.  If you do not start receiving benefits when you expected, you may have grounds for a dispute.

Here’s another thing to take note of: ordinarily, operational costs such as uniform costs or apparatus breakage cannot be deducted from your wages, especially if you are earning minimum wage.

Harassment Claims

Another common employment law issue is harassment. This can either be physical or verbal. Harassment is generally when someone treats you poorly, intimidates, or threatens you in some way at work.

Harassment is often discriminatory. If your employer uses a protected human rights ground such as age, mental disability, physical disability, race, ethnicity, sexual orientation, sex, gender, pregnancy, family status, or marital status against you in any way, it could be a ground for a discrimination complaint.

Albertan and Canadian laws protect workers from any form of harassment in the workplace. If you feel harassed, intimidated or threatened in any way, you should speak to a lawyer about your rights.

Discrimination

Discrimination, no matter how small, is still discrimination. As mentioned above, you cannot be treated unfairly because of a protected human rights ground such as age, mental disability, physical disability, race, ethnicity, sexual orientation, sex, gender, pregnancy, family status, or marital status.

But take note that not all situations which look like discrimination are, in fact, discrimination. Sometimes there is a genuine or bona fide occupational requirement that makes a discriminatory standard necessary, and therefore permissible.  For example, a Firehall would not be required to hire a quadriplegic for a field firefighting role, and a woman’s shelter would likely not be required to hire male staff to assist women fleeing abusive male partners.

The Employment Standards Code

The Employment Standards Code (Alberta) contains many protections for employees in Alberta.

Employees are entitled to protected unpaid leaves from work for a variety of things, including:

  • Maternity and Parental Leave
  • Reservist Leave
  • Compassionate Care Leave
  • Death or Disappearance of Child Leave
  • Critical Illness of Child Leave
  • Long-Term Illness and Injury Leave

Your employer cannot normally fire you while you are on protected leave.

Employment Law

You don’t stop being human when you work. Even though you’re getting paid for your labor, it does not mean you can be treated as less than human.

Employment law protects and upholds your rights as a worker. To make sure you’re not being treated unfairly in your workplace, remember these common employment law issues:

  • Wrongful termination. If you are fired without proper justification, the employer must pay you out of reasonable notice (severance).
  • Overtime pay and minimum wage. You should get overtime pay for every extra hour you work. You should get your full wages without deductions of operational costs.
  • There is no place for any form of harassment—physical or verbal—in the workplace.
  • No workplace should tolerate any form of discrimination.
  • Employment Standards Code. You are entitled to protected unpaid leave for many things involving your children and your health.
Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Should I Hire a Lawyer for Employment Contract?

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Are You in Need of the Services of an Employment Lawyer?

One of the most significant factors in lifestyle and wealth is employment. Due to employment’s importance in people’s everyday lives, it becomes one of the costliest expenses in running a company. Aside from the employee salaries and benefits, the services of an employment or labour lawyer are also expensive, making it imperative for companies to avoid situations wherein they are required to avail of the services of an employment lawyer.

During labour disputes, both the company and the employee may find the process financially and emotionally draining. This is why whether you are an employee or employer, you must hire a labour lawyer that will represent your best interest.

Gibbs Wright is comprised of a team of competent employment lawyers that can handle a wide array of work and employment issues such as contract disputes, discrimination to public sector employee appeals, and wrongful dismissal.

Whatever your position may be, we believe that you have the right to fight for what you are entitled to as an employee or employer.

Court and Tribunals Representation

Gibbs Wright Litigation Lawyers can represent you in application hearings, conciliation conferences, and court trials, which may be subject to approval depending on the case, in the following:

  • Federal Courts
  • Queensland Courts;
  • Queensland Civil and Administrative Tribunal (QCAT);
  • Queensland Industrial Relations Commission (QIRC); and
  • Fair Work Commission (FWC).

We can provide assistance for you should you have any concerns about your employment. If you are confused regarding the steps you need to take or need a representation, you may contact us as early as now.

Communicate with Us

Negotiations

If you need assistance for negotiation or mediation for any disputes between an employee and employer (including those not mentioned above), we can help you.

Here in Gibbs Wright, we deal with a wide array of employment concerns and have years of professional experience in terms of representing clients on matters concerning employment law.

General Advice

We have significant expertise dealing with a wide range of employment issues and can offer you knowledgeable assistance in any area of your employment situation.

We can assist you with any employment-related issue, including advice on a prospective claim you may have against an employer or employee, defending such a claim, your chances of success, or any other topic connected to your circumstances.

Costs and Jurisdiction

Queensland Matters

Our primary focus is providing assistance and representing employers and employees in Queensland.

Although employment law is administered by Commonwealth statutes (including the Fair Work Act), there may be state-based problems at play.

It is advisable that you hire an employment lawyer who is knowledgeable about your state or area.

Costs

We know that not everyone has the financial means to pay for legal representation, especially in lengthy court battles. Whether you’re an employer or an employee, shelling out money for legal proceedings can be difficult.

We make sure to provide flexible cost structure and payment terms in order to work with you and your budget. We believe that employment lawyers are supposed to be there to assist you, not to put you down.

More information is available on our process page. You may also directly contact us to discuss your situation to provide you with a solution specifically tailored to your needs.

The Next Step

Employees have a wide array of options when it comes to their work, especially when seeking damages.

Although employment law may seem overwhelming, especially to employers, having an employment lawyer can help in lessening possible disputes.

Employment lawyers in Brisbane have a team of solicitors who can successfully help you through the process of commencing or defending an employment dispute.

Mike

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Were You Wrongfully Terminated Because of COVID-19

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When it comes to the COVID-19 pandemic, there have been a number of job terminations all across the country. A large worldwide event such as the COVID-19 pandemic can have far-reaching effects, including on employment status.

But along with job terminations can come a number of different questions, such as wondering were you wrongfully terminated because of COVID-19? To help answer that question, we will take a short look at some of the circumstances that might pop up around wrongful termination and COVID-19.

While Ohio is an at-will state, which means that an employer can fire you for any legal reason as they see fit, employees do have protection against unlawful or wrongful termination. So, if you think you were wrongfully terminated because of COVID-19, some of the following examples might fit with your situation.

For more specific questions, it can be especially helpful to reach out to a COVID-19 wrongful termination lawyer from the Friedmann Firm as well.

Examples of How You May Have Been Wrongfully Terminated Because of COVID-19

While each individual case of wrongful termination will differ, there are a few examples we can look over that can tie into if you were wrongfully terminated because of COVID-19. Wrongful termination may tie to unsafe working conditions, filing a worker’s compensation claim, or even refusing to go to work when emergency orders are in place for people to remain at home.

Refusal to Work During Emergency Orders

Laws are in place to protect employees in relation to emergency orders, such as shelter in place orders. In terms of COVID-19, there are a number of different ways that an employer could potentially terminate an employee in a wrongful manner. Some of these include:

Filing A Worker’s Compensation Claim

Filing a worker’s compensation claim will happen after you have suffered an injury on the job typically. But if you file a worker’s compensation claim in regard to COVID-19, you are protected by law against wrongful termination.

Requesting COVID-19 ADA Accommodations

By federal and state law, reasonable accommodations are allowed at places of work for employees who are disabled. COVID-19 may call for you to work from home under ADA accommodations or for other necessary accommodations to be met. Since the ADA allows for such accommodations to be made, if you believe you have been wrongfully terminated when asking for ADA accommodations, speaking to a COVID-19 wrongful termination lawyer is suggested.

Taking COVID-19 Related FMLA

The Family and Medical Leave Act (FMLA) offers protection at both the federal and state law levels for employees who have to take time off of work for reasons related to COVID-19. The FMLA “entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons”. If you have been fired for taking FMLA leave or placing an FMLA related leave request, speaking with a COVID-19 wrongful termination lawyer should be your next step.

Complaints Related to Unsafe Working Conditions

Employees may have complaints related to unsafe working conditions in any given year. The Occupational Safety and Health Act (OSHA) protects workers from illegal termination when such complaints are filed. An example of this might be a lack of COVID-19 safety adjustments to the work environment.

The long and short of it is if you were wrongfully terminated because of COVID-19, there are protections available to you.

Contact a COVID-19 Wrongful Termination Lawyer in Columbus, Ohio

At the Friedmann Firm, our attorneys are experienced and ready to advise and offer representation to employees throughout the stat of Ohio. We work to address unlawful harassment, wrongful termination, and other cases that fall under employment law. We take an aggressive approach and offer free, fully confidential consultations.

To speak with a COVID-19 wrongful termination lawyer, call us at 614-610-9755 or contact us online today.

Mike

Find top rated attorneys and law firms profiles with Find Attorneys Directory, the best and free online attorney directory. Guest bloggers can also publish their articles here as other bloggers are doing.

Ways To File For Harassment Charges And Bring A Harasser To Justice

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Harassment is common most of the time in office places and its working environment, many times employees are also dismissed due to the harassment complaints they have filed, and yet this is not the perfect solution and not an even legal way by which employer can plan it and can hurt anybody’s life which is not acceptable and against an employee’s means to earn and live in a better way.

If by any chance it does occur at the workplace, the employee has been harassed and then being dismissed due to filing a harassment complaint, then there is a way to file for harassment charges and also to punish any such employer who has proved to be a harasser to satisfy their own terms.

To help you in such legal matters as to file a case, to bring you back your position, and to help you legally, there are experts available in the form of Employment law attorneys, Beverly Hills, who know such tactics. Can prepare a strong case and can direct you to a much better result by their understanding, norms to proceed and guiding you to a complete process which may certainly be effective.

Also in specific conditions to harassment resulting in wrongful termination, there are also experts available mainly known as wrongful termination attorney Beverly Hills, who are aware of such double-minded tactics, would litigate for your rights as employees and it would ultimately lead to have a better life and punish the harasser for such act done around.

Who could be a harasser?

Depending on the situation, there may be a specific person who can think or plan to harass you and it also depends on location, such as:

  • At the office, possibly your boss can harass you
  • At the workplace, your co-workers can think to do it
  • At your moving place, local persons can think of it
  • Even, at home place, a specific person may found to be involved

Thus these are some specific persons who can be harassers, and to punish them for their activities, there is a certain legal process that can be considered to settle things perfectly.

Direct shreds of evidence are essential

Though, there are possibilities of harassment, proving it is not an easy task and you need direct evidence that may include:

  • Witnesses that suggest forced conduct
  • Evidence of torture, misbehavior, or such actions
  • Verbal terms won’t do to prove it
  • For strong remarks, critical statements, and other conditions, must be recorded

And only on such standards, cases of harassment can be considered legal for which you need to have strong and direct evidence to help you punish a harasser legally.

Legal Process

Finally, the thing that matters most is to consider the legal process, and it has few steps to follow to cover it, that may include:

  • Form to fill to proceed
  • To hire an employment lawyer to litigate
  • To collect and prove evidence and not depend only on sentiments
  • To check all valid sources and present them wisely by the help of your lawyer

And if these all things can be cleared, verified perfectly and your lawyer can litigate well through the legal process, then you can punish the harasser and bring that person to justice.

Conclusion

Still, if you want to know more about the process, want to discuss your choices in case of being harassed, and are confused about how to deal with legal stature, then it’s better to connect employment law attorneys Beverly Hills, discuss your problem and they will help you settle for a perfect solution.

Also if there is a case of wrongful termination because you have filed a case of harassment, it’s better to have legal support in form of a Wrongful termination attorney, Beverly Hills who know all such traps, would assist you in better ways, and would ultimately help you to get your job or finances back by strong legal support.

Mike

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How Can I Protect Myself from Unfair Treatment at Work?

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This is the basic question many potential clients ask us when they come to our Cleveland, Ohio-based employee rights law firm.  Unfortunately, there is no standard answer. Each case is different, and employment laws do not cover all instances of unfair and unjust treatment.

What a Cleveland employee rights attorney can do is help a person understand their rights under federal, state, and local laws. Violations of legally protected rights provide grounds for taking action to end unfair treatment.

A lawyer can also advise a worker on how to use their employer’s system for reporting and resolving mistreatment. When taking such steps does not eliminate the problem, a lawyer can then assist with gathering, organizing, and presenting evidence of mistreatment to regulatory agencies and courts.

Any effort to protect yourself against mistreatment at work begins with knowing your rights as an employee. This article contains brief descriptions of some federal employment laws, but consulting with an employee rights attorney in Cleveland or wherever you live will provide a fuller picture.

You Must Be Paid for the Hours You Work

The Fair Labor Standards Act(FLSA) mandates the payment of a minimum wage to employees who get paid by the hour and to employees who regularly receive tips. The FLSA also requires overtime pay for hourly and tipped workers who work more than 40 hours during a 7-day workweek.

Each state sets its own minimum wage, and many exceptions to overtime eligibility exist. For instance, the basic minimum wage in Ohio for 2021 is $8.80 per hour. The tipped wage is $4.40 per hour, but a tipped employee’s average hourly pay must average at least $8.80. In other words, when tips do not make up the difference, the employer must pay the remainder to ensure the employee is paid minimum wage.

Regarding overtime, managers and salaried employees are generally not eligible to receive overtime pay under the FLSA. Employees who earn more than the salary threshold can also be denied overtime pay. The salary threshold changes frequently, but an employee rights attorney will know the current figure.

Some illegal practices employers use to deny workers a minimum wage and overtime pay include assigning bogus managerial titles, requiring work off the clock, telling tipped workers they do not qualify to be paid time-and-half after putting in 40 hours, and designating actual employees as independent contractors who are not covered by the FLSA.

You Cannot Be Paid Less Because You Are a Woman

The Equal Pay Act (EPA) protects a worker’s right to demand the same wage or salary as a coworker of the opposite sex who performs the same job. The EPA covers men and women, but the overwhelming majority of cases involve women who receive lower pay than their male counterparts.

Employers fight EPA claims very strenuously, and the law permits pay differentials based on time spent with the company, skill level, special training, and performance. Enforcing your rights to equal pay will require partnering with an employee rights attorney.

You Have the Right to Work Without Experiencing Discrimination or Abuse

A number of federal laws make it illegal to mistreat or deny employment opportunities to workers on the basis of the following:

  • Race,
  • Ethnicity,
  • National origin,
  • Religion,
  • Sex,
  • Sexual orientation,
  • Gender identity,
  • Religion,
  • Age when older than 40,
  • Disability,
  • Pregnancy, or
  • Military service or veteran status.

Depending on where you live, state and local laws may provide additional protections against discrimination in employment. In most instances, enforcing your rights under laws that prohibit discrimination require evidence that that mistreatment was frequent and severe. Simple teasing and one-off comments will not support a discrimination claim.

It is also important to show that you experienced an adverse consequence of the discrimination. For example, grounds for taking legal action exist if the discrimination caused you to lose your job, you decided to quit to protect yourself, you were passed over for a promotion you were qualified to receive, or you suffered emotional trauma or physical injury.

Your Employer Must Consider Making Accommodations for a Disability

The Americans with Disabilities Act (ADA) requires managers and supervisors to make good faith efforts to accommodate job applicants or employees. The ADA does not, however, compel an employer to agree to every request an applicant or employee submits.

The gap between what a worker can request and what an employer is willing or able to provide is often large. This is where an employee rights attorney can step in on behalf of their client to find evidence that an employee’s requested accommodation was never seriously considered or improperly denied. Uncovering such evidence often requires accessing business records, which is something an experienced lawyer will know how to do.

You Can Request Leave to Deal with Medical Emergencies or Complete Military Service

Two federal laws cover these circumstances. First, the Family and Medical Leave Act(FMLA)gives a person who has worked at least one year for their employer the right to take unpaid leave to tend to a personal health problem or to care for a family member. Generally, up to 12 weeks of FMLA leave is available during each 12-month period. The leave can be taken intermittently, and FMLA leave can only be denied on limited grounds after an employee has given proper advance notice of their intent to take it.

The Uniformed Services Employment and Reemployment Act(USERRA) requires employers to grant leave to employees who are called to active duty in the military. USERRA specifically protects the civilian employment of members of the National Guard and Reserves. While an employee is completing their military duty, their employer must hold their job and guarantee return at a pay rate and level of responsibility equivalent to what the employee had when they left.

Your Employer Cannot Punish or Fire You for Reporting Problems

Employers do not welcome complaints about illegal pay practices, discrimination, or violations of FMLA or USERRA rights. Managers and supervisor often take out this displeasure on the employees who raise red flags. Employees who  address unlawful practices in the workplace can find themselves demoted, reassigned, verbally or physically abused, forced to quit, or fired.

Such retaliation is always illegal. Sadly, it is also quite common. If your mistreatment at work has escalated to retaliation,  contact an employee rights attorney who can offer advice on the steps you can take to hold your employer legally and financially accountable.

Mike

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Common Reasons to Hire an Employment Lawyer

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Is It Necessary to Hire an Employment Attorney? 5 Reasons When and Why You Must Engage with

The employee-employer relationship is always governed by the process of some legal representation.

It can be a direct matter of legal consent between the employee and employer, or a matter of bargain between a person and a labor union, or a matter of financial assistance.

Employers are asked to realize such contractual matters and must assert their interests for which employment attorneys El Paso comes into effect to help you in different ways.

Further than that, federal, local and state bodies put a legal obligation on a person working as an employee for which the role of attorneys becomes more potent.

It becomes more essential in case of legal challenge, discrimination, harassment, and unwilling termination for which the role of wrongful termination attorneys El Paso can be a great option to consider and get things settled.

How to trust an employer attorney?

Firstly, an employment lawyer is useful in 2 ways that may include not only handling workplace relative issues but also hold your personal representation.

There are also large bases that work as a legal force and also have human resource settlements for which it is vital that you consider them for legal matters in case of employment.

It is also advised that smaller employees should go to outside councilors but it may depend on their condition of a legal problem if it arises and they require settlement within the legal bases.

Thus as a subject of help, Employment law attorneys, El Paso can be not only efficient to tackle problems but also should be of legal trust due to their presence in legal strength.

If it goes to termination without information, or due to some other challenge, further Wrongful Termination attorney El Paso can come to influence and help you to sort out problems and you can trust them for proper cause.

Tasks of Employment lawyers

As a basic idea to understand, there are two types of tasks performed by such Lawyers:

  • Handling transactional matters that may involve negotiating 2 parties or helping problems
  • Or being involved in the litigation process that means to represent you as a person in legal ways
  • In some conditions it is also possible to find such a lawyer who is professional in both the above activities
  • Also litigation is of varied type, but mostly transactional and handling litigation are 2 major types

There are also lawyers who arrange to draft, handle documents, advise things to employees that don’t apply to lawsuits directly and all such can be availed at Employment law attorneys, El Paso to proper effect.

Also for Wrongful Termination Attorney, Al Paso, the dispute becomes a key area of consultation to sort out problems that may be for instance house rent, proper location, discrimination or harassment, or of any type for which it helps in finding out the main cause of termination.

Thus what they should do is that they are ready to sort your employment problems and help you in the best way possible and get your matters settled.

The Right Time to go for an employment lawyer

 It depends on what way you require any legal representation that would let you try to start finding an employment lawyer for you and serve for the right purpose.

It has been observed that in some cases employees are worried about their future contract for which they require a legal approach where they want sharp advice on the legal contract of their workplace and be assured that they are at the right place.

IN case of a dispute between current and former employees, it also becomes essential to have such a lawyer who can not only help in solving the problem but also collect all evidence to make sure that a proper decision has been settled between them both.

And mostly, to tackle challenges, harassment, dispute, or to sort out long term goals, such thought to consider the right time for an employment lawyer becomes probable.

In brief, it’s not relative to time but a certain condition in which any employee wants such an employment lawyer and to sort problems out.

Lawyer’s help to set future policy

It is always essential to have a lawyer to retain planning relative to future policy for which ideally an employer would require employees to work with and maintain a healthy relationship so it doesn’t reach up to the legal conflict.

It is also important that such employers do have a handbook or digital form of database that covers details of their employees for future reference.

Also to make sure that in what way they can retain a long-term policy, the employers can consider such lawyers to take certain advice.

And this is how it works to get such employment lawyers and work things accordingly for future policy.

Other advising terms

Apart from such certain ways, there are few more factors due to which an employment lawyer would be required:

  • To consider the financial balance between 2 employees and its relative prospect in  long term condition
  • To consider social and public policy of a group providing employment and whether it works or not
  • To make sure that an employing company is working in legal terms and has its legal workforce

And in such a sense, you must have an employment lawyer who is essential to sort out your problems and help your matters get settled in all possible ways.

Daniela Labinoti

Daniela Labinoti’s law firm helps you get the results you deserve through energetic, intense, and knowledgeable legal counsel. They know the real meaning of struggle and respectfully believe in helping people to go through their difficult situations. employment attorneys El Paso is the magnanimous firm to represent you as they handle your case from beginning to end.

How to Prove Discrimination in The Workplace in Ohio

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The Civil Rights Act of 1964 includes Title VII, a law that prohibits workplace discrimination based on protected characteristics. This includes the hiring process, training, compensation, disciplinary practices, job evaluations, wrongful terminations, and promotions. Even if a company employs workers that identify with a protected characteristic, employees can still be subject to workplace discrimination.

The protected characteristics that relate to Ohio workplace discrimination include, but are not limited to:

  • Race
  • Sex/Gender
  • Pregnancy status
  • Religion
  • National origin
  • Disability
  • Age
  • Military status or affiliation
  • Genetic information (added in the Genetic Information Nondiscrimination Act of 2008)

Employees or job candidates that believe they are being discriminated against in the workplace should consult with a workplace discrimination lawyer in order to learn more about how to prove discrimination in the workplace. It’s important that companies and employers are held accountable for their discriminatory actions, as discrimination can affect more than just the target(s) of discrimination. Discrimination in the workplace can stifle creative ideas, decrease employee loyalty, cause mental and/or emotional unwellness, and even lead to state or federal organizations to open investigations against the company.

But how to prove discrimination in the workplace? It’s not enough for an employee to claim that they are being treated unfairly because they fall under a protected characteristic.

Direct evidence is one way to prove discrimination

For example, if an employer tells an employee that they are being let go, fired, terminated, or demoted because they are nearing maternity leave, retirement or they can’t be available on a religious holiday, then there may be a case for workplace discrimination. These are just examples, however. This route can be more complicated, as most companies and personnel are trained to not openly express biases or prejudices. To learn more about how to prove discrimination in the workplace in Ohio, consult with an workplace discrimination attorney.

Circumstantial evidence can also help provide discrimination

Circumstantial evidence can be gathered using the McDonnell-Douglas Test, named after a Supreme Court Decision. This test is comprised of four questions, which employees or job candidates must answer for the law to presume that an employee was discriminated against. These for questions are:

  1. Are you a member of a protected class?
  2. Are you qualified for your position?
  3. Did your employer take adverse actions against you?
  4. Were you replaced by a person who is not in your protected class?

Contact an Employment and Labor Law Attorney

Answering these questions is a start in how to prove discrimination in the workplace, but the wage and hour attorneys with Brian G. Miller Co., L.P.A. will be able to further help you build a case against a discriminating employer. It can’t be stated enough how important it is for companies to give employees and job candidates fair and equal treatment in recruiting, hiring, promotions, and more. If you believe you’ve been discriminated against in the workplace contact the legal offices of Brian G. Miller Co., L.P.A to schedule a consultation.

Brian G. Miller

Brian G. Miller Co., L.P.A., is a group of Columbus personal injury attorneys. People have received help from Brian G. Miller to recover financially from car accident, truck accident, Wrongful Termination, and wrongful death.

Overtime and Other Wage and Hour Law for Home Care Workers

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Before 2015, home care workers were excluded from the federal minimum wage and overtime protections provided by the Fair Labor and Standards Act. They are now covered by these laws, but the nature of their work and the services they provide are unlike the traditional “9 to 5” hours under which many other employees operate. Read more

Coffman Legal

Coffman Legal is a Columbus wage and hour lawyer that specializes in unpaid overtime and wages. The employees of Ohio are important to maintaining an economically and socially encouraging environment for Ohio, and Coffman Legal recognizes that importance. The law firm happily welcomes any case to protect the rights of and improve the lives for employees.