Archive for category Employment Law

How to Defend Against Discrimination Lawsuits

Posted by in Employment Law on August 7, 2011

By Stefano Grossi

Even if you or your company is not guilty, it might turn out to be a hard task to defend yourself in lawsuit especially when your employee has filed a case on the basis of discrimination. Apart from the huge dent to your finances, these claims can harm your reputation to a great extent as well. With the number of discrimination cases on the rise, it has become extremely important to establish clear policies in your company and communicate the same to all your employees. Policies related to hiring, promotions, job roles, working conditions and termination should be detailed in a handbook so your employees can refer to them when they need. A business operations manual could be the ideal document to contain all these details so it details the rights of the employees and also explains how the company would terminate employees who do not perform or show disciplinary problems at workplace.

Its does not help to have a detailed document which talks about the companies actions against irresponsible employees alone, you need to ensure that your employees have read it as well. You could even have them sign a document stating that they have read and understood the terms and conditions of their employment. Employee reviews with a focus on the various points detailed in the handbook are also a great means to ensure that they are constantly updated. Also, you need to be truthful when you are terminating an employee on certain grounds. If you have to fire someone due to business reasons (lack of finance), do not attempt to fire him or her on the grounds of misconduct or performance as they can file a lawsuit for such reasons easily and might ask you for evidence for the same as well.

Most importantly, you should ensure that you do not fire anyone on the basis of sex, race, national origin, age, disability or religion even. It helps to use employee review sessions to let employees discuss concerns they have at the workplace. Also, a comprehensive anti-discrimination policy will provide much needed relief to employees. If you find any employee violating the policy, ensure that s/he is held responsible and punished for the behavior.

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3 Key Questions to Your Employment Lawyer

Posted by in Employment Law on August 7, 2011

By Jyotsna Ramani

Rules are an important part of any relationship. They uphold order and ensure that neither of the two parties involved faces any injustice. One such relationship is the employee/employer relationship, which is governed by a set of rules called the employment law; a technical piece of legal work that requires a person who fully understands the law: an employment lawyer.

The most common question asked from employment lawyers is concerned with job termination. Most of the people laid off want to know whether they have a valid case because their employer fired them without a convincing reason. They also want to know whether they are entitled to a severance pay, or in case the employer is withholding their wages, how to convince him or her to pay them. The employment law varies highly in these cases, which is why people should enlist the services of an employment lawyer to ensure they get their due rights.

Other common questions often pertain to an employer’s behavior. Physical abuse and sexual harassment are at the top of the list in this category. People want to know whether they have a legal case if their employee threatens them or physically abuses them. They also want to know what classifies as sexual harassment and whether they can sue an employer based on his or her behavior, and if so, what compensation can they receive. Strict definitions apply to these cases and an employment lawyer is your best bet to decipher whether you have a strong case or not.

Lastly, a number of employers contact employment lawyers about their rights in a work place. Common queries include whether an employee is entitled to health insurance, and if they get injured on the job, are they are entitled to coverage. Other questions can be related to common day to day issues concerning vacations and sick leave, lunch hours and working overtime. These seemingly minor matters are in fact very important to maintain a good work environment, where employees can work to the maximum of their abilities.

So, whether it is a petty issue like your lunch break hour, or a major problem like unjustified termination, your best bet to insure that you get your rights is an employment lawyer. People often mistakenly take matters into their own hands, only to find that their lack of understanding of the employment laws of their area can cause them to be fleeced. Never make that mistake, because your best bet in these matters will always be an employment lawyer.

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Be Safe At Work – Avoid A Construction Site Accident

Posted by in Employment Law on August 7, 2011

By Bradley Dworkin

Accidents can happen in any work environment. Even a quiet, carpeted, office space can be the scene of a work injury. However it stands to reason that accidents are a bit more common on job sites like constructions sites. Accidents can happen for a number of reasons. Equipment can fail, an honest mistake can be made or safety requirements may not be understood.

There are very clear and important regulations in place to ensure that construction site workers are kept safe. These regulations are put in place by the government and not only do they keep the workers safe but they help the construction company owners safe from the legal nightmare that is involved when a worker is injured on the job. Unfortunately, no matter how safe you are on a construction site and how well the rules are followed there will still be an injury now and then. Sometimes no one is at fault because an equipment error happened. People make mistakes, things break or malfunction. These incidents can affect the safety of the workplace at any given time.

When an injury occurs at work the injured employee often doesn’t understand their rights and how to proceed so they will be taken care of while out of work. Most think that their benefits and insurance will cover their workers compensation. However it is not always simple to get the benefits that you deserve. Additionally, the money paid to you through workers compensation is often far less then you would make at work and not enough to survive financially. This is likely to be true for someone who regularly works overtime but does not have those hours included in their annual pay. Because of these confusing issues it is often the best idea to talk to a construction injury lawyer about your situation.

The benefit of talking to a work accident attorney is that they will better understand how work injuries work. They will help ensure that you do not suffer because someone else made a mistake on the job. They will use their skill and expertise to get you the money that is rightfully yours.

There have been cases where an injured worker has clearly been injured at work but still has to put in a long legal fight in order to be compensated for these injuries. This is especially frustrating when the injuries were caused by some sort of third party negligence. If it was easy to get the benefits you needed without costing you money then there would be no need to place blame. Unfortunately that’s not always the case. If a piece of machinery or the construction site owner or another worker is to blame for your injury then they need to be held accountable in order for you to get the financial compensation you deserve.

When a work injury occurs then the entire location needs to be looked at to determine how the surroundings played a part in the incident. OSHA (Occupational Safety and Health Act) is in place to make sure job sites are safe and all rules and regulations maintained.

Protect yourself and your family. Take advantage of a free consultation offered by a work injury attorney and learn your rights

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