Understanding the Basics of Severance Pay

Does the employer need to provide you with severance pay? Unless your employment contract mentions this, or there is any collective bargaining agreement in this regard, the employer does not have any legal liability to pay this. However, you may be able to get it if you sign a waiver foregoing your right to sue your employer later on any particular ground, like discriminatory action. Severance pay is more of a settlement between the employer and the employee. However, if your employer needs you to sign a document, get advice from an Employment Attorney before signing it. You may end up limiting your employment choices or settling for unfair terms.

Legal assistance: If you think you are discriminated at your office you can take legal assistance by hiring a New Jersey Discrimination Attorney. Visit www.schallandbarasch.com and contact Schall & Barasch for consultation.

Posted in Employment Law | Leave a comment

The differences between worker’s compensation injury and other personal injury

There are some important differences between personal injury and worker’s compensation injury that you should be alert to so that you know what to anticipate if you are injured at your workplace:

* With personal injury cases, you can adjust or continue. If you sue, the case will go to the court and the jury decides your compensation. With the case of work place injury, you must file a claim with the insurer of your employer workers’ compensation. The insurer will decide whether you are covered and you are paid damages according to a predetermined schedule or set of rules (often it is either based on a list of payments for state specific injuries or derived from an impairment rating that evaluates the severity of your injuries)

* With personal injury cases, you generally have to prove that the defendant was negligent (though there are some exemptions to this rule, for example dog bite cases and product liability, where strict liability may be obligatory). With workers’ compensation, it is not mandatory to prove negligence and your boss or employer must not have been neglectful. If you are injured at the time of your work, you can get unless you were specifically violated the company policy, under the influence at work.

Get Help

If you have been injured at work, you should consult a worker compensation injury attorney as soon as possible. Your lawyer can explain what rights you have under worker’s compensation system and can help you through the process of recovering your damages.

Posted in Compensation | Leave a comment

Legal Consequences for unfair discharge

An employer can discharge an employee without any legal consequences? The answer is not so simple; it depends on the exact circumstances of the case. If the employee is under the “at will” employment, the employer need not show any grounds for dismissal. However, if an employee he suspected wrongful termination, may be grounds for discrimination, he may file a complaint or file a lawsuit against the employer. For this, a good legal representation is essential. This is when an employee needs to get help from

Fort Lauderdale labor law lawyers. If you can prove the unfair dismissal, you may be able to get your job or promotion with back pay and other benefits, including legal fees.

Law Firm Reference: Contact Peter T. Mavrick who represents clients in breach of contract and business tort litigation, including cases brought under the UCC (Uniform Commercial Code).

Posted in Employment Law | Leave a comment

Understanding Rightful Termination from Wrongful Ones

If an employee is ‘at-will’, i.e. not under an employment contract, you may not state any reason when you terminate him/her from the job. If your organization does not have specific termination policies, it is better to get a consultation from a legal professional, or from a good legal resource.

You may not need to state a reason for firing an employee; however, it is better to make sure you do have a specific reason, and the necessary documents for establishing this. Why is this important? The increasing number of lawsuits claiming wrongful termination poses a serious risk to business.

Suppose a particular employee is not quite an asset to the company. He is absent most of the days, and even when he is there, he rarely finishes his tasks on time. In such a circumstance, your terminating him from the job may be justified. All you need to do is ensure that you gave him enough warnings, and opportunities to rectify himself, before taking this final decision. You also need to keep the relevant documentation updated.

Getting help from good guides for knowing How to Fire Employees is a wise idea. This gives you adequate details regarding employment termination that leaves minimal chances of ensuing litigation. Get help from the right resources to avoid wasting your time and money on a lawsuit.

Posted in Employment Law | Leave a comment

Fighting Pregnancy Discrimination at Work

If you think that your termination was the result of your announcement of pregnancy, and time off from work, you need to understand that this is illegal. As per the directives of the Family Medical Leave Act, you are entitled fro this leave without any retaliation. If your employer takes a decision of firing you for this, but cites a different reason, you need to consult any of the Fort Lauderdale Employment Law Lawyer immediately. Only a competent legal advisor would be able to assess the circumstantial evidence, analyze hiring and firing patterns, and determine whether you have a case or not. Get an attorney if you suspect pregnancy discrimination at work to seek justice.

Hiring a Law Firm

If you are in search of a competent employment lawyer in Fort Lauderdale Florida, contact with the Law Firm of Mark J. Berkowitz, P.A. can effectively counsel clients in the drafting and enforcement of employment contracts.

Posted in Employment Law | Leave a comment

Why Hire a Discrimination Attorney?

Discrimination at workplace is nothing new. Many a times it happens that you don’t get the right hike or promotion you deserve. Someone who is not as efficient as you gets the promotion just because that person is a relative of your boss. Well, whenever you face any such situation you should not hesitate to seek legal help.

The 1967 Discrimination Employment Act and the 1984 Civil Rights Act protect employees from all kinds of workplace discrimination. As per these acts employees can not be discriminated on the basis of race, religion, nationality, gender and sexual orientation. This law ensures that you can take legal action against your employer, if you feel you are being discriminated at your workplace.

Many people feel that they can never win a case against their employers. This is a misconception. If you have valid reason to file the complaint you will definitely win the case. But it is true that handling the case yourself minimizes the chances of winning.

Therefore you should hire a Discrimination Attorney to represent you in the court and take care of the legal procedure. Hiring an experienced attorney will ensure that the verdict goes in your favor.

Posted in Discrimination | Leave a comment

Getting Legal Help for Firing and hiring Employees

If you do not have an exact reason for sacking an employee, it may guide to a serious hassle. As said by the dictates of the federal laws, no company has the right to fire somebody on grounds of secluded traits, like sex, age, race or color. It is better to know the legal way when it comes to the question about Finding Employees and firing Employees. Get help from a good resource or a legal advisor in this regard before taking any step and you may be able to avoid many problems.

Reason for Firing an Employee

If the employer and employee do not have a distinct written contract, and there is no requirement regarding termination, the agreement is known to be ‘at-will’ service. If your office runs this way, you may be able to fire an employee even without stating a reason for it. Though, it is better to consult a Firing Guide and prepare a suitable reason for terminating someone’s job. Though you need not give the reason to the employee, it may be necessary if there is a legal dispute on this basis. If you have a quality guide at hand, you may be able to avoid any such hassle post firing an employee.

Posted in Employment Law | Leave a comment

Importance of an Employment Lawyer

We all wish we could get our dream job. But that dream seldom comes true. Very few people get the career break they desire for while most of the people often get stuck in the wrong job. No matter what your job is, you give a lot of effort and work hard to meet your target, right? Well, when you work hard, it is obvious that you would like to be awarded for your hard work.

However in most cases, it has been seen that employees don’t get what they deserve. Their efforts are just overlooked. Very few employers are bothered about the benefits of their employees. The only concern they have is the profit of the company and how they can make money.

If you think your hard work is neglected and you are denied your rights, you can sue your employer. Fort Lauderdale employment law ensures that your employer doesn’t take advantage of his or her power.

If your hard work is not recognized or if you have faced any kind of discrimination you should seek help from a Fort Lauderdale Employment Lawyer. An experienced lawyer will help you to get justice and will also ensure that you get compensation for whatever wrong has been done to you.

Posted in Employment Law | Leave a comment

Knowing Your Rights as per the American with Disabilities Act

Do you have any legal remedy if you think that there is a violation of the American with Disabilities Act (ADA)? If you are not very sure about this, it is a good idea to get in touch with a discrimination attorney. He/she would help you understand whether you are within the scope of this Act, and if yes, the way to approach the matter.

Who comes within the protection of this law? The ADA protects all individuals who –

  • Have a physical and/or mental impairment that substantially limits a life activity
  • Have a history of such impairment
  • Have employers who believe that the employee has such impairment

However, any impairment is not within consideration. Only if it restricts a major life function or activity, like walking, moving, bending, hearing, seeing, and so on, it is substantial enough to render you eligible for coverage under the ADA.

Every employer needs to provide you reasonable accommodation to a deserving candidate if he/she has a disability. If you were capable of performing the duties of the job, the employer does not have the right to take a decision based on your disability.

You need to get in touch with an Ohio discrimination attorney if you think that the employment related decision was discriminatory in nature. Your attorney would know how to file a complaint with the state or federal agency as well as how to take the matter to court and find a legal solution.

Posted in Discrimination | Leave a comment

Understanding the labor Severance Agreement

When you are facing an execution, and your company needs you to sign a severance agreement, it is intelligent to consider hiring lawyer. Why is this essential? Many a times, it is not easy to comprehend the implications of the hidden flaws in such an agreement without proper knowledge of employment laws.

It is not obligatory for your employer to proffer a severance pay. Though, you may get this option if you are part of a mass suspension.

The severance agreement works only if it meets the following criteria:

Ø  Is reasonable in scope

Ø  Offers consideration (severance pay)

Ø  Does not violate any laws (like Civil Rights or Discrimination laws)

Ø  Offers enough time for consideration

Ø  Is signed voluntarily

These agreements, more often than not, have a period of 21 days for contemplation. Legal help is necessary to know how the terms limit your rights and what consideration you obtain instead of this. Get in touch with a New Jersey labor lawyer before you sign on the paper to get a clear idea about the penalty.

Posted in Employment Law | Leave a comment