Employment Law Tips
Read these 9 Employment Law Tips tips to make your life smarter, better, faster and wiser. Each tip is approved by our Editors and created by expert writers so great we call them Gurus. LifeTips is the place to go when you need to know about Legal tips and hundreds of other topics.
Is there some type of national organization of attorneys that handle employment law?
The National Employment Lawyer Association is an organization that provides advice and support to employment attorneys who are protecting the rights of employees against the often greater resources of their employers.
This organization consists of employment lawyers that represent individual employees involving discrimination cases and other cases related to employment matters. These issues can range from termination or harassment related to gender bias, racial discrimination, age discrimination, sexual orientation bias, and overall fairness in the workplace.
Organizations such as these pride themselves on making sure that employees are treated with respect and equality and member employment attorneys have represented many employees to assure this very thing. Should you feel that you have been unfairly discriminated against in the workplace, organizations such as this can point you in the direction of a local employment attorney that can advice you on your rights and help you determine whether a cause of action against your employer exists.
There are also legal “matching” services that you can contact via Internet to aid you in finding an attorney specializing in employment law in your area. These services are generally fast, free and confidential.
If you're fired and you feel it's without just cause, call upon your union.
It never hurts to fall back on your designated union. If you think you have a case, they may be able to help you or at least give you some type of direction. It's always better to ask rather than never know.
When injured on the job make sure you report it to your employer.
It's important that you inform your employer when you have been injured on the job for many reasons. When filing for worker's compensation or in the event a dispute arises with your employer, you will need to show that you took the necessary steps to report the situation
What is the definition of sexual harassment and how do employment laws affect that type of behavior?
Sexual harassment has been defined by the Equal Employment Opportunity Commission as any “unwelcome sexual advance, request for sexual favors or physical conduct of a sexual nature.”
Obviously using the rejection of any such behavior as a basis for denying promotion or affecting any other employment decision is highly illegal. If an employee feels that this type of conduct or behavior has the purpose or effect of creating an intimidating or hostile working environment, this too, is couched as sexual harassment.
Federal employment law does not cover all employers and employees, however, most states also have in place similar state laws in this regard to protect employees from the threat of sexual harassment on the job.
What does employment law cover?
Labor law or employment law covers the relationship that employers have with their employees. Obviously the laws, whether they be at the federal, state, or local level, begin with the offer for employment is made to a prospective employee.
Employment law regulates the entire process, from the initial hiring phase through the job duties, wages, promotions, benefits offered by the company, reviews and termination of the employment relationship. Employment law also covers any litigation on the basis of discrimination or unfair practices.
Often, an employee must look to a company manual issued to them, which contains company policy and procedures. Employers can draft such a manual to specifically explain all the employees' rights, duties and obligations as well as resignation and termination procedures and policies.
If you feel that your rights as an employee or employer have been violated, the best thing to do is to contact an employment lawyer to determine whether you have a cause of action worthy of pursuit.
When given the option of a 401k… take it!
A 401k allows you to put money aside for your retirement and it's never too early to start. Depending upon the company you work for, they might even match the contributions that you make. Planning ahead for retirement is never a bad idea.
I want to make a career in law enforcement. Are there special law enforcement employment laws that cover police officers?
Law enforcement is very similar to other types of employment with a few caveats and differences. Obviously, as a public servant, a law enforcement officer may be employed by the local government, i.e. city, county, state or federal government.
Because these entities differ slightly, employment laws will differ slightly as well. Probably the biggest obstacle to overcome when choosing a career in law enforcement is passing your background check.
Someone desiring a career in law enforcement is held to a high standard with regard to having no felony convictions in their past, no serious misdemeanors, be of good moral character and have no history of dishonesty.
Credit histories are also obtained with regard to law enforcement candidates to assure that there are no blatant “red flags” with regard to the candidate's financial responsibilities. Law enforcement is an excellent career choice for a person of strong conviction and desire to serve.
Under employment law, what is the statute of limitations for filing a charge of discrimination in the workplace?
Typically, a complaint must be filed within 180 days from the date of the discriminatory act. The complaint must be filed with the Equal Employment Opportunity Commission (EEOC).
However, if there is also a state or local agency which enforces laws prohibiting the same discriminatory practice, you could have up to 300 days in which to file with the EEOC.
It is never advisable, however, to wait until the last moment to file such a complaint. Time is never on the side of the person seeking legal protection under employment laws. If you feel that a discriminatory act has occurred, it is in your best interest to contact a reputable attorney specializing in employment law as soon as possible.
Generally employers are interested in resolving such practices by employees and will be quick to resolve situations for fear of negative publicity. Again, contacting an attorney as soon thereafter as possible is your best bet.
What does employment law say about “at will” employment versus “for cause” employment?
Sometimes legal terms can cause confusion and be used interchangeably, so knowing what type of employee you are being hired as is important with regards to your rights under employment laws.
An “at will” employment situation means that your employer can terminate or fire you at a moment's notice for any reason, whether you feel its justified or not. Unless the termination violates some law, whether it is federal, state or even company policy, then really, there's nothing that this employee can do.
A “for cause” employee is protected a little further under the employment laws. This means that the employer cannot fire an employee without a legitimate and documented reason. Labor unions often protect against situations where employees are fired or terminated at will and often government employees are also protected against such practice.
The employment contract should state clearly that an employee is an “at will” employee if this is the status the employee is being hired for. If you feel that you have been terminated for unjust cause in this type of situation, an employment lawyer, familiar with the employment laws in your area will be able to assist you in making this determination.
