ClearWater Employment Lawyer Blog

If you and your employer have a written contract regarding the job, it outlines the circumstances when you may face termination. However, in most cases, there is no such contract. This is known as employment ‘at will’. The employer has the right to terminate your job for any reason, or even for no reason. However, there are certain exceptions.

Florida labor and employment laws dictate that the termination of an ‘at will’ employee may be wrongful in certain circumstances. If you think that your termination was unlawful, it is best to contact a local law firm specializing in this field.

Wrongful termination happens when -

It is discriminatory practice based on ‘protected’ traits – Suppose a Miami-based business fires an employee because of his/her religion. This is unlawful. So is termination on grounds like national origin, race, sex, color, and such others.

It is violation of state public policy – Suppose you find proof of the illegal activities of your employer. If you report it to the authorities, and your employer fires you for it, it is against the law. This applies to refusal of participation in illegal activities as well.

It is violation of implied promise of ‘good faith’/’fair dealing’ – Suppose you are working for a business for two years and the time of a bonus is approaching. Your employer could not terminate you to save on this amount.

If you face any of these situations, it is imperative to get in touch with a Miami employment law firm to discuss the issue. After all, your career is at stake here.

As per Georgia law and the Consolidated Omnibus Budget Reconciliation Act or COBRA, businesses in Georgia that have 20 or more employees on their rolls should offer their existing and past employees continued healthcare coverage even if the coverage is affected or limited as a result of the termination of their services and the reduction in their work hours. If you are resident of the city of Atlanta in Georgia, then you can file a case if your employment rights are violated. An attorney associated with an Atlanta employment law firm can help you out in this regard. Georgia employment laws vouch in favor of:

Ensuring a Drug Free Workplace:

It is essential to ensure that your organization has a “drug free work place program” in place. The employers who have such a program in place can be eligible for a discount in the compensation insurance policy of the workers. Eligibility of an employer depends on the adoption of a written policy focusing on drug testing policies and a drug free workplace. The testing facility should fulfill certain criteria. These include a semi-annual education program, supervisor training, educational program on substance abuse and employee assistance program.

Compensation for Workers:

Georgia law ordains that whenever an employer has more than three employees, then there should be workers compensation coverage for them. If an employee is injured while being at work, then the medical expenses are to be borne by the company. In fact, these compensation benefits are the sole source of recovering damages for an employee. Injured employees who suffered from an already existing impairment are entitled to Subsequent Injury Trust Fund.

No Discrimination:

There should not be any discrimination on the grounds of physical disability, age, color, nationality, race, sex or religion, sexual orientation, retaliation and several other factors.

Joining a Trade Union:

As per Georgia, employment law, the employer cannot prohibit an employee from joining a union or discriminate on the fact that an individual is part of a union.

Employment laws vary with each of the respective states and there are some complicated legal terms which may be difficult to interpret and a legal directory may act as a great resource in this regard.

Do you feel disgruntled with the way your superiors behave? Or disgusted with your co-workers teasing remarks? There are a number of instances of bullying at the workplace. However, you need to keep the situation in control. In no way should it reach the level of harassment. If it does, it is no longer right to tolerate it. You should take action immediately to ensure no repetition of such action.

Every US state has specific laws pertaining to labor and employment. And it is these set of rules that would be applicable in your case, If you are working in New Jersey, the rules applicable would be of that state only. The question is what to do in case you are facing such harassment at your workplace.

The first step is to contact an experienced employment lawyer practicing in the state. You need to discuss what problems you encounter at your office with him/her. It is best if you can tell your lawyer the date and time the incident occurred along with the details of what exactly happened. A competent lawyer is capable of giving you an unbiased opinion on whether your complaint can serve as the basis of a lawsuit.

If you have tried to approach the individual(s), the supervisor or your employer about the matter and failed, it is necessary to provide your lawyer with these details as well. Competent New Jersey employment lawyers are sure to use this in the court. This is especially useful if you were wrongfully terminated from the job because you complained about the matter.

Be sure to get in touch with a lawyer soon. Each state has a specific time limit to register this type of complaint, and New Jersey has a similar deadline as well. Talk to a legal professional and take a step towards stopping the ‘workplace bully’.

Losing a job is always difficult to accept and people do take their time to come to terms with this loss. It is all the more difficult for an average worker to make ends meet. The federal agencies realized the importance of securing an alternative source of income for the individual and framed the Federal Unemployment Tax Act or the FUTA in 1935 to address this issue. This forms a part of the Social Security Act.

In most states of the country, people who lose out on their jobs are eligible to demand compensation benefits. This is valid till the time they manage to acquire another appointment.  It is important to note, however, that people who quit on their own are not entitled to such benefits.  On the other hand, if the individual loses his/her job as a result of improper working conditions harassment, threats and discrimination on part of the employer, then the former can file a claim for unemployment compensation.

There are certain criteria which need to be fulfilled in order to be eligible for unemployment compensation.  The claimant has to register with the state unemployment office, has to keep on trying for a new job, has to make him/her available for recruitment and has to show that they have worked for a specific period of time and has earned a certain amount of wages.

People who have lost their jobs receive monetary help as part of the unemployment compensation package for a stipulated period of time. These benefits provide the necessary cushion to one who has lost the job and also provides adequate time to find a replacement.

The unemployed individual has to wait for a certain period of time so that his/her request is processed. The concerned authorities do so by verifying the fact whether the claimant fulfills all the necessary criteria. If you have been wrongly denied your rights, then you can file a case with the help of a Florida unemployment attorney in a court of law.