ClearWater Employment Lawyer Blog » Employment Law

Not getting any options to fire your employees? Here are few tips might help you

admin — Thu, 23 Jun 2011 13:23:06 +0000

1. Make sure your documents are prepared before the meeting. Have all vital formalities with you, such as earlier performance reviews, provisional warnings or other applicable employee material.

2. Assemble to have a HR representative present. He or she can give the fired employee information and show the details of continuation of benefits and also he or she can ensure that the company’s HR guiding principle.

3. Always get right to the point. The employee’s destiny has been decided, so do not hesitate to say it.

4. Commune the essentials of the employee’s leaving to other members of the unit. Let alone the details about why he or she was left; it’s unethical and could have distasteful legal effect.

5. Keep details whatever discussed in the meeting, and make a written record of with an HR letter validating the details of your discussion.

These above mentioned points may help you, but if you are looking more information on how to Fire Employees visit www.cedrsolutions.com. You can also contact them for legal consultation

Is Training within the Scope of Overtime Pay?

admin — Tue, 31 May 2011 09:48:27 +0000

When does your training make you eligible for overtime pay? As per the Fair Labor Standards Act (FLSA), you may be eligible for one and one-half of your pay if you work more than 40 hours in a single workweek. It is a federal law, and therefore, applicable on Florida as well. If the training is job-specific and your employer makes it essential to participate, you may be eligible for overtime pay. However, if it is to increase your own qualification and not job-specific, you may be exempt. To understand whether your employer needs to pay overtime, consult Naples Employment Attorneys. They could also suggest possible remedies if there is any violation of the laws.

Understanding the Basics of Severance Pay

admin — Mon, 30 May 2011 13:37:04 +0000

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.

Legal Consequences for unfair discharge

admin — Fri, 27 May 2011 10:38:18 +0000

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).

Understanding Rightful Termination from Wrongful Ones

admin — Fri, 27 May 2011 10:10:23 +0000

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.

Fighting Pregnancy Discrimination at Work

admin — Thu, 26 May 2011 11:10:47 +0000

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.

Getting Legal Help for Firing and hiring Employees

admin — Mon, 02 May 2011 07:30:38 +0000

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.

Importance of an Employment Lawyer

admin — Thu, 28 Apr 2011 13:35:55 +0000

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.

Understanding the labor Severance Agreement

admin — Fri, 01 Apr 2011 06:50:18 +0000

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.

Filing an Employment Discrimination Complaint

admin — Mon, 28 Mar 2011 12:48:16 +0000

If you think that a decision on the part of your employer was discriminatory in nature, i.e. based on protected traits, it is essential that you file a complaint with the right authorities. The Illinois Department of Human Rights is responsible for the implementation of the legal statutes in this regard. Here is a quick look at the relevant details.

Which employers are within the scope? All employers with at least 15 employees come within this category. Government agencies, labor unions, employment agencies and public contractors are also within this scope.

What discrimination does the Department investigate? This would include age (40 years or above), disability (unrelated to job), sex, race, criminal history, marital status, ancestry, religion, national origin, sexual orientation, color, citizenship status, military status/discharge, sexual harassment, forcing/helping discrimination, and retaliation.

How much time do you have for filing? You have 180 days, from the date of discrimination, to file a complaint.

How do you file a complaint? Just go online, download the form, fill it out and mail/fax it to the Department.

Why do you need legal help? Getting a Chicago employment attorney for consultation is helpful to determine whether you have legal grounds for filing discrimination charges. If you want to file a suit later, this would also require competent legal help.