Are You Prepared For Potential Employer Law Cases?

Even businesspeople that have been running their own enterprises for decades may not know everything they need to know about employer law. They could have a good basic knowledge of state and federal employment laws, but still be unaware of recent changes in these laws. After all, if they’re preoccupied with keeping their companies afloat during these perilous economic times, they might not have time to stay current with all issues related to employment law. That’s why even the most ethical, experienced, and canny business owners need to retain quality legal counsel with experience in employer law. One way to do this is to keep a lawyer on retainer, but that can get prohibitively expensive. A better alternative for small to medium-sized businesses is to work with a legal service that does nothing else but provide counsel and legal assistance for employment law problems.

There is an old saying that forewarned is forearmed. Running a business with multiple employees can be a complex and difficult undertaking, fraught with many perils to that company’s continued profitability, and even its very existence. Many well-meaning, basically honest employers have unwittingly fallen foul of employment law issues because they did not have good legal counsel. Don’t let that happen to you! Protect your personal assets, including your business, from anyone who might try to sue you over perceived violations of employer law. Being the boss means you sometimes have to make tough calls that some of your employees might not be happy with. These days people are so litigious that they will sue at the drop of a hat, so you need to be armed against potentially damaging lawsuits with the best legal advice that you can afford.

The good news is that you don’t have to keep an expensive law firm on permanent retainer to get the advice of experienced, ethical lawyers with experience in employer law cases. The best alternative is to retain the services of a firm that handles nothing but employer law cases and keeps abreast of the rapidly changing network of laws governing how employees must be treated in the workplace. The right employment law firm for you will provide 24-hour-a-day access to a real lawyer to address all of your legal questions and deal with any legal problems that can spring up for a business owner with frightening speed. You should also seek out an employer law service that can either tailor its legal services to your precise needs or offers a variety of service packages at reasonable prices. Your business is too important for it not to be protected against the possibility of a lawsuit that could wipe it out. Having good legal advisors will also help you protect your company’s reputation against efforts to besmirch it. After all, any company’s reputation is one of its most valuable assets.

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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.

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Employment Law Is Not Workers’ Compensation Law

Since employment law and workers’ compensation law both relate to people and their workplace it is common, however incorrect, for the two to be used interchangeably in conversation. Here are the key distinctions between these important areas of the law.

Employment Law is:

ADA Violations – The Americans with Disability Act, ADA, prohibits discrimination in the work place based on disability. Employers anywhere in the country, including Washington State, with 15 or more employees must provide individuals with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others.
Discrimination – Employers cannot treat employees differently due to race, color, religion, sex, age, disabilities, genetic information or national origin.
Employment Contract Disputes – These kinds of disputes involve issues arising from formal employment contracts. These issues typically include non-compete clauses, wages, bonuses, benefits, duration of employment, ownership of intellectual property, and confidentiality.
FMLA Violations – Employers with over 15 employees must follow the FMLA which entitles individuals to 12 weeks of unpaid leave if the employee is unable to perform his or her job due to a serious medical condition; needs to care for a sick family member (including spouse, child, or parent); or to care for a new family member (by birth or adoption). Following the leave, the employee should be returned to the same or equivalent position.
Harassment – This includes any behavior intended to disturb or upset an employee at the work place. This can also include threatening disturbing behavior and unwanted sexual advances.
OSHA – Occupational Safety and Health Administration violations are federal safety violations when an employer knowingly neglects to protect federal employees, military base employees, longshore and offshore employees. (A recent example is the death of the SeaWorld Trainer by the Orca whale. OSHA fined SeaWorld approximately $75,000 in safety violations.)
WISHA – Washington Industries Safety and Health Act protects all workers in the State of Washington. Violations of the act are handled through L&I (Labor & Industries).
Retaliation – This occurs when an employer seeks revenge upon an employee for something the employee feels is legally right. In order to fall under retaliation the following must be present: (1) employee was involved in a protected activity (2) the employee performed the job according to the employer’s expectations (3) the employee suffered a materially adverse employment action (4) the employee was treated less favorably than similarly situated employees.
Wage and Hour Disputes – These disputes include unpaid time, illegal distribution of tips and failure to pay during breaks. Issues involving misclassification of employees and independent contractors also falls within this employment category.
Wrongful Termination – Being fired from your job illegally!

You can sue your employer for any of the above violations! Awards can include lost wages and monetary awards for pain and suffering. These cases are argued before the Washington State Human Rights Commission, the Federal Equal Employment Opportunity Commission (EEOC), and the United States Department of Labor.

Employment Law attorneys handle employment law cases.

Workers’ Compensation Law is:

On the job injuries or occupational diseases.

Workers injured or made sick by their work are eligible for Workers’ Compensation. Benefits include medical care, time loss compensation, permanent partial disability, vocational rehab, pensions, and other payments. The Washington State Department of Labor and Industries (L&I) manages state fund cases and presides over self insured cases. Workers’ Compensation is a no fault system of social insurance which in theory provides sure and certain relief but takes away your ability to sue your employer for all injuries except intentional injuries.

Workers’ Compensation law is what we do. If you need Washington Workers’ Compensation advice click here, if you need a Washington workers’ compensation attorney, call and we’ll do our best to answer your questions and help you.

Can They Overlap?

Yes! Sometimes the issues in employment law cases overlap with the issues in workers’ compensation cases. For example, an individual in Seattle, WA could suffer an injury on the job while at the same time experiencing discrimination due to his or her advanced age. This would result in both a workers’ compensation claim and an age discrimination suit. This individual would therefore have two different cases and two different sets of remedies.

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All That You Need To Know About Employment Law

Employment law is not just a single law, something that most people believe it to be. In actuality, it is a complete system that was set up to help protect employees from employers by creating laws and standards of treatment that have to respected and followed by employers. This includes providing different types of benefits, such as health care insurance to not only the employees, but also their families. This system also prevents employers from discriminating towards any employee, in terms of religion, race, gender, disability and sexual orientation.

Employment law has become a very important part of the judiciary system because it helps to protect the most basic of human rights in the place of employment. There are plenty of other essential topics that this law covers. It is also and more commonly referred to as the Labor Law and it refers to the obligations and rights of the employee and employer, which are usually voiced through a contract between the two parties. However, this law should not be considered to be solely in the advantage of the employees, because in reality, some experts actually claim that the current Labor Law gives too much power and authority to the employers. For example, the current law gives the employers the full authority to fire any employee for whatever reason, as long as it is not breaking the law.

However, there is a lot of positive things about the law, such as the standards that employers have to meet, for example making sure the workplace is completely healthy and safe. In addition, employers cannot take advantage of their employees in any way, or the employee has full authority to complain to authorities, such as forcing them to work overtime, without compensating them accordingly. The law actually covers two different types of protection laws. The first one is the collective labor laws, which are agreed upon between the workers union and the employers. This covers union strikes and picketing in the workplace environment. The other type of law is the individual labor laws that are either requirements by the state or federal government, such as working hours, minimum wage and safety.

The 21st century doesn’t allow employers to treat their employees any way they please, something that was very common only a couple of decades ago, and still is very common in third world countries. It was never in anyone’s mind that law and order would take such a strong stance on employment, especially since what history has taught us.

But thanks to some great minds that set us along the right way, we have been able to grow as both a country and as humans. Employment Law ensures that employers are no longer treated like animals and forced to work for close to nothing and in terrible and unhealthy conditions. In addition, as time passes, the labor laws will only start to get better and more in touch with what the employees and employers both feel is best for the growth of the overall economy of the country.

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Preventing Sexual Discrimination in Chinese Employment Law

Although China has established laws to ensure fair treatment and equality in the workplace for all its citizens, the country is still some way from achieving employment laws that match the western world’s treatment of employees.

Discrimination in employment is not a new occurrence in The People’s Republic of China, but as the country continues its recent progression of economic and social reforms, the Chinese government has increased its desire to end the sexually discriminatory employment policies that exist throughout the country. This includes upholding laws that forbid jobs to be advertised with gender specific requirements, like those that state applicants should be “male only” or “male preferred”.

A recent example of legal action against the unfairness of China’s labour and employment laws occurred in Beijing, where the private training institute Juren School was sued by a young female job-seeker named Cao Ju, who asserted that her application for the position of ‘administrative assistant’ was snubbed at the expense of the company’s preference towards male hiring employees. This is an unquestionable case of discriminatory behaviour as the job advertisement published on the internet clearly stated that men only need apply. Miss Ju sued for RMB 50,000 (£50,000) compensation and demanded an apology for her sufferance. The case was eventually settled by both parties in December 2013, with an apology and recompense of RMB 30,000 (£30,000) being awarded to the plaintiff.

This case is of particular interest in recent Chinese employment law because it is considered to be a pivotal moment of change in China’s discrimination practices and a sign of the country’s positive social alterations. The employment law at the centre of this case is China’s Employment Promotion Law which was brought into legislation back in 2008. This law forbids sexual discrimination from existing within the Chinese employment process, but despite it being enforced for nearly six years, sex discrimination has often been overlooked. The Beijing case is acknowledged as the first time that the Employment Promotion Law has been genuinely upheld in a Chinese court, whereas past claims of unfair exclusion from job opportunities were not taken seriously by employment law solicitors.

It is hoped that the result of this case will not only end sexual discrimination in Chinese employment law, but also encourage other people who have been victims of other kinds of discrimination to come forward, regardless of the prejudice they have faced, thereby encouraging anti-discrimination litigation that will eventually bring complete equality to Chinese employment.

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