Non-Eligibility and the Family and Medical Leave Act

By James Witherspoon
The Family and Medical Leave Act was originally passed in 1993, providing American workers with the right to take time off of work in order to address serious health concerns, be there for family members in their times of need, or be present for the birth of a child. As a result of the law, millions of Americans are granted unpaid leave of their job with full protection of their position at work upon their return. However, there are several exceptions to the law, providing employees who leave no such legal protection of their job status.

There are certain thresholds in place to protect small businesses that cannot handle the strain of losing an employee for a maximum of 12 weeks out of a year. This law does not affect employers who have fewer than 50 employees. However, there are certain exemptions to this employee threshold, namely in terms of educators and workers in public agencies.

Other workers considered non-eligible include part-time workers who have clocked in fewer than 1,250 hours while working in over the year prior to time off. This does require a part-time worker to, at the very least, work for a particular employer for at least one year before he or she may benefit from the Family and Medical Leave Act.

In addition to these exceptions to the law, there are some less well-defined situations that may make a worker non-eligible for protected time away from work. Particularly, workers who tend to their pets are not granted job protection. If an ailment is short-term, relatively common, and does not drastically damage a person's health, they may not be permitted these protections. Also, if a routine visit to physician is scheduled during work hours, an employer does not need to honor the Family Medical Leave Act.

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Embezzlement Attorney: Talks About What The Crime Of Embezzlement Is

By Ryan Forster
Embezzling is the act of taking money that has been placed in your trust but belongs to another person. For instance, someone who works in a bank may secretly steal money that he or she has been entrusted to look after. This money belongs to the bank's customers, and the employee's action can be considered embezzling. One of the biggest factors in embezzling is that the embezzler is in a position of trust with someone else's money. Therefore, no trespassing is necessary for the theft to take place. There have been many cases of embezzlement, and usually, sooner or later, the embezzler is caught out.

Historically, embezzlement became a crime because thefts were occurring in which the elements of larceny could not be met because the thief had the right to possess the funds; thus, the prosecution could not prove the element of a "trespassory taking." Meanwhile, proving embezzlement only requires showing either that the employee had possession of the goods or funds because of the employee's position or that the employee had the authority to exercise substantial control over the goods or funds. Courts determine the question of substantial control by considering the employee's job title, job description, and the practices of that particular company.

Since embezzlement is usually discovered by way of circumstantial evidence, an active approach by the employer is required to uncover the perpetrators of the crime. An investigation should be conducted quickly but subtly. Company officials should compile a list of employees who may have had the opportunity to commit the suspected embezzlement. These employees should be interviewed, more than once if necessary. The employer should try to recover as many records as possible to find accounting discrepancies or other evidence. If the crime appears to exist on a large scale, the employer may need to contact outside advisors - including attorneys, insurance agents, and investigative specialists - to assist with the inquiry.

If guilt can be assigned to one or more individuals, the employer will have to determine what action to take against them within the company. Termination is not out of the question if there is strong evidence indicating guilt. Conversion is an act that interferes with an owner's right of possession to his or her property. For purposes of embezzlement, conversion involves an unauthorized assumption of the right of ownership over another's property. It may, for example, occur when a person is entrusted with property for one purpose and uses it for another purpose without the consent of the owner. Generally, any type of conversion that occurs after a person obtains lawful possession of property is sufficient.

Embezzlement is a crime against ownership; that is, the owner's right to control the disposition and use of the property. The conversion element requires a substantial interference with the true owner's property rights (unlike larceny, where the slightest movement of the property when accompanied by the intent to deprive one of the possession of the property permanently is sufficient).Although a failure to return property is evidence of conversion, it does not necessarily constitute embezzlement-absent proof of criminal intent.

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Determining Wrongful Termination

By Greg L Stevens
Whether you've been confident in your placement for years or have started a new job not too long ago, the news that you're let go can come as a shock - particularly in the event of wrongful termination. While there's no single, all-encompassing rule dealing with wrongful termination, several legal guidelines work together to guard individuals from discrimination, harassment and uncalled-for firing. Below are just some of them, and in what way they could go hand in hand with your current unemployment.

Discrimination - Lots of personal attributes are guarded legally, which means that a manager cannot dismiss you for any one of them alone. These include but aren't limited to race, sex, disability, religious opinions and sexual orientation. Some states even see relationship or armed service status, age, tobacco usage and maternity as legally protected.

Retaliation - If a worker is associated with whistle-blowing (informing the authorities of an unlawful business issue or system), the supervisor cannot fire them as retaliation for their movements. This also is applicable if the supervisor had wanted the personnel to run any element of the business in an unlawful manner.

Constructive Discharge - This means the manager makes a change to the work place that keeps an employee from their work, so they leave. Some of the most often affected are people with health-related complications, who may be especially sensitive to changes to the immediate workspace.

Defamation of Character - This is when a company lets go of a staff member, because of some concocted grounds that can injure the good reputation of the individual. If the accusation is not true yet the single grounds for the firing, this type of accusation is protected by labor rules, but can be tougher to prove based upon the state of affairs.

Breach of Contract - This occurs when an employer breaks a spoken or implied agreement they had made with regards to the amount of time one can possibly expect to have their job. This refers to the primary arrangements made by both sides and whether the employee losing their place came as a shocker given the circumstances.

Breach of Good Faith - This is a very simple expectation that all bosses operate in a reasonable and balanced manner. While only certain states distinguish this as a defensible grounds to file a claim against a business owner, it depends on the particulars of each unique case.

If you believe you were fired for the wrong reason, you may want to find a lawyer. An experienced San Jose employment attorney can help you discern whether your case applies, and help you every step of the way.

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At-Will Employment - May Not Protect Your Organization

By Kevin R. Nash
The ability for companies to dismiss employees under "Employment-at-Will" has been somewhat eroded over the years by a number of court cases. This has made it important for employers to clearly state their Employment-at-Will policy on all relevant documentation. The following real cases are examples of what can go wrong:

1. A company hired MR. X as a sales representative. The employee handbook stated that the first 90 days on the job was a probationary period and that the company had an Employment-at-Will policy. A performance appraisal was completed on Mr. X's performance at the end of 90 days during which he was evaluated favorably. Two months later the company terminated Mr. X using the Employment-at-Will provisions of the employee handbook. Mr. X sued the company for wrongful discharge and won. Mr. X's lawyer argued that the company's use of the probationary period and the use of performance appraisals indicated that the firm terminated for cause only. The performance appraisal form did not contain an Employment-at-Will statement and the probationary period was shown to be an implied and accepted contract between employer and employee. Mr. X was awarded $740,000 for wrongful dismissal based on the employee's projected lost wages plus benefits from the date of termination through retirement age and for economic loss due to the breached implied contract.
2. In another case a manufacturer had an application for employment and an employee's manual, which stated that it was an Employment-at-Will organization. However, the employee handbook also contained a section, which spelled out a progressive step-discipline system. When a worker was fired after not appearing for work for three days in a row with no explanation, he sued the company and argued that he was improperly terminated because the step system had not been followed. The companies attorney argued that there was no need to follow the step system because the Employment-at-Will policy was in place. The court found that the employee had been improperly discharged and ordered the company to reinstate him and pay compensatory damages.

So here is today's Daily HR Tip: If you have not had a labor lawyer review your employment documentation recently, now is the time. Do not rely on a simple "Employment-at-Will" statement in your employee handbook to protect you from wrongful dismissal suits.

Kevin is an Industrial/Organizational psychologist and management consultant specializing in organizational development, employee development, and human capital management.

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Seeking Help From Employment Lawyers in Making Redundancy Claims

By Meena C Shah
Getting dismissed from your job can possibly be one of the hardest things you can face as an employee and if you are in that situation right now, chances are you are one of the many employees who are facing redundancy employment. While your rights as an employee are protected under UK employment law, it is still important to seek professional advice of employment lawyers to make sure that you are getting the most out of your redundancy claims.

Redundancy happens when an employer needs to reduce the number of employees in such cases as when a business has closed or has moved or there is a need to cut down on the number of workers due to a recession. There are much more specific guidelines to establish a genuine redundancy but simply put, a redundant employee is fired because his or her job is no longer needed by the employer due to changes made in the company. If you are an employee who has been fired in this manner, you have a right under UK employment law to make certain claims from your former employer.

While redundancy employment is pretty much straightforward, it would be wise to seek the advice of employment lawyers who can help guide you from start to finish until you receive your redundancy entitlements and to make sure that your rights are not being violated.

Before making any redundancy claims though, it is important to make sure that you are qualified. Under law, former employees filing for redundancy must have been employed for at least two years. Also, he or she must not be under the age of twenty or past the age of retirement. Self-employed individuals and members of a partnership are not eligible for redundancy claims. Additionally, members of the police service and armed forces, servants of the crown and parliamentary staff, and employees with a fixed term of employment of three months or less may not be eligible for redundancy claims.

Once you have made sure that you are qualified to make your claims, the next step is determining how much money you should receive. While the law provides a formula for calculating the amount of your claims, it is still best to refer to your employment lawyers for a more precise determination.

Employment lawyers are invaluable in making sure that you are able to make the transition between your old job and your new one as you enter into redundancy employment.

Meena Shah is the owner of http://RedundancyAdviceSite.com After her husband faced redundancy earlier this year, successfully helping him keep his job sparked her create a blog where she could help many. Meena put together this blog in order to encourage people facing redundancy or other employment issues to seek FREE EMPLOYMENT LAW ADVICE. Its free to make an enquiry about whether or not you have an employment law case worth pursuing.

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Unemployment Eligibility Requirements

By Kathleen G. Huertas
Unemployment insurance is the name they use for collecting unemployment benefits that you pay into from your state. Some people are confused over how it actually works. It is a type of insurance fund. You and your Employer contribute to the fund through tax withholding on your paycheck. If you should become laid off from your job you can file a claim and begin collecting unemployment benefits. Keep in mind that not everyone is eligible to collect benefits.

Every employee must make contributions to unemployment insurance if you want to be eligible to file a claim. You are required to make such contributions to the premium for six months before becoming eligible. Once you have worked according to your state requirements and have put the proper amount into the fund, you would be qualified to file a claim upon loss of your job.

You must be aware that not all terminations are eligible for benefits. You must have lost your job involuntarily, for reasons such as not enough work, downsizing, seasonal, etc. In the case that you may be fired and not laid off, you will have a review to decide why you were fired and to be sure that it was not due to misconduct. They will contact your employer and ask the reason for dismissal, it is illegal for the employer to give false reasons for termination. You will not be eligible for benefits if you quit your job.

There are requirements to continuing to receive unemployment benefits. When you file, which in most states is available online or through the telephone, your state will tell you of how much you are eligible to collect, your weekly benefit payment amount, and dates to call in for your payments to be issued.

In some states you are required to attend an employment counseling class in which, an unemployment representative will inform you of exact rules you must follow to receive your benefits. It may include:

* Seeking employment if you are able to work and not disabled.
* You will have to pay taxes at the end of the tax year on the benefits you received.
* You must report any income you earn while collecting benefits.
* You are also required to tell them immediately upon returning to work.

If you fail to comply with the regulations of unemployment insurance it is considered fraud. You would be required to payback every penny you received. If the amount you received was large enough, you will face criminal charges and can be imprisoned. Types of fraud are:

Working off the books and not reporting income.Collecting benefits in another name., Failure to immediately report returning to work., Making any type of income while collecting benefits.,

Not everyone will qualify for unemployment benefits, if you have not maintained employment for at least the six months, or you are an independent contractor, you will not be eligible. You may opt for private unemployment insurance to fill any gaps of income. You would give to this the same as public unemployment insurance. You must check with each insurer to verify requirements. Premiums are tax deductible for business owners.

My passion is to help others through their journey in life. To help those who find it difficult to follow the right path, and to teach my children to offer their hands in life. I have a great passion in giving and finding peace and hope in all types of relationships.

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Financial Stability After Work Injuries

By James Witherspoon
When you suffer an injury at work, you may be put out of commission for a while during your recovery. During this downtime, you will likely lose wages from your job since you cannot work. This can cause you to become overwhelmed with bills and debts.

In many cases, your medical expenses may be covered by your employer's insurance, so you do not have to worry about those costs. What you do have to worry about, though, are the other expenses you incur, such as your cost of living expenses.

Your employer's insurance will not always cover that. Fortunately, you may qualify for workers' compensation benefits. Workers' compensation is a sum you are paid each month that is meant to cover your basic expenses while you are out of work recovering from a work-related injury.

In order to receive these benefits, injured individuals will need to file a request for benefits when they suffer their ailments. Often, these requests will go to the employer's human resources department, who will let individuals know if their requests have been approved or denied within seven days.

It is important to note that compensation will only last for a predetermined amount of time. In other words, you will not be able to take extra days off and still receive pay. Additionally, you may not receive compensation for each day that you are out.

Some individuals may have difficulties requesting workers' compensation, or their claims may be unjustifiably denied. In these cases, individuals may want to enlist the assistance of an experienced workers' compensation lawyer to help them make their claims.

If you or someone you love has been injured at work and you now face weeks at home without pay, find out more about workers' compensation from the Pennsylvania workers' comp attorneys of Lowenthal & Abrams, P.A., today.

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Employers, Employment Law Solicitors and Government on Tribunal Claims

By Jessica L Moss
Over recent years employers and chambers of commerce have been louder and louder in their calls for a reduction of red tape for small businesses and for the burden of employment law on small companies which are forced to spend huge sums of money on compliance. Over the past fifteen years, more laws relating to employment have been passed and of course the equality which has been brought about has been welcomed by employment law solicitors and employees alike.

However, the number of claims being launched at the Employment Tribunal in the past two years has risen so dramatically that there are concerns from employers, the government and employment law solicitors that the system is becoming saturated and is therefore failing those people who really need its help.

Several suggestions have come from all parties to reduce the number of claims that are being made on the off chance of success or as knee jerk reactions from disgruntled employees. One suggestion has been changing the rules so that employees have to have worked with a company for two years in order to claim for unfair dismissal. This is twice the current requirement and many employment solicitors are concerned that it could leave people unnecessarily vulnerable.

Another suggestion which has received more support from solicitors is to require individuals to pay a deposit at the beginning of their claim which would be refunded were it successful. Figures which have been suggested have varied from around £5 to £250, all of which are affordable and might make people think about their claim before launching it.

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Legislative Changes - Hope for the Best But Plan for the Worst

By Kevin R. Nash
Labor Law This week has seen a sea of change in the balance of power in Washington DC with the Republicans gaining a significant majority in the House of Representatives. In addition, at least ten states have moved from Democrat to Republican governors. Democrats have kept control of the Senate, which may provide a counter balance and force a more centrist approach, helping to tone down the extremes on both the left and the right.

So what might this mean for HR practitioners? At the very least, John Boehner of Ohio (R), the new Speaker of the House, and his Republican colleagues will push to cut spending, maintain the Bush tax cuts, and block "Obama Care".

Blocking Obama Care, for example may be achieved by Republican leaders at the state and national level refusing to run the health insurance exchanges that are integral to the Obama health plan. The exchanges are supposed to act as a market place for consumers without health insurance so they can purchase affordable health care coverage.

Another provision of the Obama health care reforms are that by Jan. 1, 2011, most large employers are required to implement certain health care reforms such as extending coverage to adult children to age 26. If these changes are to be reversed it will cause an administrative headache for many employers to say nothing of the negative impact on employees for whom this is a popular provision in the new legislation.

Other legislation currently going through the House such as the Paycheck Fairness Act could be impacted. This legislation aims to bridge the pay gap for women who earn less than men for doing a comparable job. Many republicans consider that it is not the role of government to tell employers how to pay their employees.

All this uncertainty is having an impact on employer's attitudes towards hiring and many are resisting taking on new employees until there is greater clarity about the direction of the economy, taxation, and employment law.

So here is Today's Daily HR Tip: Hope for the best, but plan for the worst! Proceed with any planned changes to your benefits systems to accommodate the requirements of the Obama Care legislation but try to make any changes easily reversible given the current legislative uncertainly.

Kevin is an Industrial/Organizational psychologist and management consultant specializing in organizational development, employee development, and human capital management.

READ MORE - Legislative Changes - Hope for the Best But Plan for the Worst

How Can I Protect My Rights When Injured on the Job?

By Nick Messe
If you have been injured on the job, a professional personal injury attorney or workers compensation lawyer can assist you. They will help you become aware of your rights and any information that pertains to your case in your particular state. The process of awarding workers compensation is a complicated one in which you will be best served to retain the services of someone who has a lot of experience in these types of cases. There is information and tips that will serve as an introduction as to what you can expect when hiring a workers compensation attorney.

Many legal professionals perform free consultations for workers who believe that they deserve compensation for injuries sustained while at work. It is of utmost importance to make sure that your case is seen by a professional as soon as possible. Cases involving personal injury and workers compensation are time sensitive and the amount of the settlement can decrease if action is not taken. In addition, an auto accident attorney from your state may be necessary to ensure the highest compensation possible.

Once you have decided to fully protect your rights you will be informed about what exactly these rights are in your particular circumstance and how to go about defending them. A workers compensation lawyer will consult with you about various options, facts pertinent to the case, and the extent of your injury at or around the workplace.

When you find out how your particular state's regulations apply to your injury claim you will be presented with options concerning possible benefits. During this time it is extremely important to have a personal injury lawyer with you during the proceedings. In many instances you are not actually suing your employer but asking for advantages based on the injuries and trauma that you sustained on the job.

When your company acquires liability insurance they are gaining coverage for accidents such as these. This type of insurance coverage allows for injured employees to receive medical care or monetary benefits as a result of accidents on the job. However, there is a chance that your company will not want to or be obligated to reimburse your wages and medical bills. Depending on which state you work in, the rules vary considerably in terms of the protection and rights that you are afforded.

Regardless of where you live and work, you must seek the advice of a professional personal injury attorney to handle the complex matters that are involved with getting what you deserve in these types of cases. Far too often, individuals who could have received benefits from sustaining an injury at their workplace do not seek the advice of professional personal injury lawyers as soon as possible. Once you perform these steps you should find the process to be much more straightforward.

READ MORE - How Can I Protect My Rights When Injured on the Job?

Special Rules on Minors

By Jake Langston
Employers who hire children must abide by strict state and federal guidelines. Children under 18 years old are considered minors by the law and are specially protected.

The laws under which children can work include several exemptions and special rules for certain jobs.

For example, there are many rules governing where, when and how a minor may drive a vehicle while at work. Some involve the type of employment and the hours of the day in which a minor may drive.

In some jurisdictions, minors may not be hired for any position that involves driving. Other places recognize that minors can't legally drive until they are 16 and adjust their employment laws accordingly. Some states require a minor to be 17 before they can drive a vehicle for their job.

Additionally, some restrictions are placed on the type of work they can legally perform. Sometimes teen drivers are not allowed to spend the majority of their time on the job in a car or truck.

Many states have detailed laws about teen driving and state that a teenager can not drive more than 20 percent of a work week. Teenagers are also not usually allowed to drive at night. Make sure you are aware of your state's regulations regarding teens and driving on the job.

Employers are also not allowed to hire teenagers to work at jobs that can endanger their health. For example, delivery jobs that use a car are not allowed in many jurisdictions. This is because these jobs often require frequent driving trips and may have incentives for drivers to speed to meet delivery deadlines.

If you are considering hiring a minor you should be up to date on current child labor laws. For more information, go online or contact an attorney. It's better to have all the information upfront before making costly mistakes.

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California Employers Required To Provide Organ Donor And Bone Marrow Leave

By Russell Thomas
New provisions added to the California Labor Code which will become effective in January 2011, will require employers with 15 or more employees to grant as much as 30 days paid leave within a one year period for employee organ donors and 5 days paid leave within a one-year period for employees who donate bone marrow.

An employer cannot consider the taking of this leave as a break in service for purposes of the employee's right to salary adjustments, paid time off, sick leave, vacation, or length of service.

The employer must maintain the employee on any group health coverage it provides to employees during the time of the leave.

In order to qualify for this new leave, the employer may require the employee to provide written verification to the employer that the employee is an organ or bone marrow donor, and that there is a medical necessity for the donation of the organ or bone marrow.

If, at the time the employee takes the leave, the employee had any accrued but unused vacation or other leave, such as Paid Time Off (PTO), or sick leave, the employer can require that this accrued leave be credited against the 5-day bone marrow transplant leave. However, the employer may only credit a maximum of 2 weeks of PTO or sick or vacation time with respect to organ donor leave.

When these leaves end, the employer must restore the employee to the position held by the employee when the leave commenced, or to an equivalent position.

In addition, an employer is prohibited from interfering with an employee taking organ or bone marrow donation leave. An employer may not retaliate against an employee for taking the leave or opposing an unlawful employment practice related to organ or bone marrow donation leave. This new law gives an employee the right to sue to enforce the rights provided by this new leave law.

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Working From Home

By James Witherspoon
When it comes to determining what career is best for you, it is often important to weigh a number of different factors for consideration. One such factor to consider is whether or not your future career will have the flexibility to possibly work from home. Working from home can be a very positive experience, even if it only occurs occasionally. By knowing what your options for working from home are, you are better able to make the determination of what career path looks most attractive for your particular needs and interests.

Why Work Out of the Office

There are many benefits that can arise from working from a home office or a home setting. These include the following:

* More time to spend with your family
* Cuts down your commute and carbon footprint
* Allows you to save money on eating out or paying for gas
* Gives you the flexibility to set the hours that work best with your schedule and preferences
* Allows you to be more comfortable and relaxed while working
* Gives you the freedom to set your own goals and pace of achievement

These benefits can make working from your own home not only better for your productivity, but also better for your mental state and psyche. If you are interested in working from home either exclusively or occasionally, you may want to speak with your employer or consider going into a field where this options is a more realistic possibility.

Even when employers give their employees permission to work away from the office it is not always guaranteed they will live up to their legal obligations. If you have not been given the wages you have rightfully earned while working from another location, you may want to consider seeking the assistance of an experienced attorney who can help you fight for the compensation you deserve.

For More Information

If you would like to learn more about the rights of employees that work from home or if you would like to discuss lost wage rights for employees, visit the website of the wage theft attorneys of Tycko & Zavareei, LLP, today.

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Voluntary Redundancy: Compromise Agreements Benefit Both Employers And Employees

By Guy Thompson
If companies go through a program of voluntary redundancy compromise agreements are essential for both the staff who are being made redundant and for the employer.

Compromise agreements were introduced into UK employment law to streamline the process for settling an employment dispute once and for all. Previously, contracts between staff and their bosses that contained terms overruling any of the employment rights given to staff by statute could be rejected by employees later.

Because of the risk (real or imagined) that unscrupulous employers could force employees to accept agreements that were not in their best interest these agreements had to be approved by either a court, employment tribunal or the Advisory, Conciliation and Arbitration Service (ACAS) before they could be binding on an employee. This led to delays that in many cases did not help anybody.

The solution provided by compromise agreements was that a qualified independent adviser has to approve the agreement before it came into force. The independent adviser (usually a UK solicitor who is an employment law specialist) has to be satisfied that the employee understands what he is signing, and that he is giving up his statutory rights.

The value of compromise agreements to the employee is that he or she will

* typically leave with more than the minimum payment that would have been awarded for redundancy,
* is in control of the terms and timing of when the employment will end, and
* often be able to agree the terms of a reference to be shown to any new employer.

Even more important, the deal will have been set down in writing and contain rights that will definitely be legally enforceable without all the stresses and uncertainties of litigation.

The employer will also benefit from agreeing a compromise agreement because he

* will be able to control who is offered redundancy terms so people who will be most useful to the business in future will not leave first, and
* management time is not taken up with handling disputes, or, even worse,
* facing a claim in the employment tribunal or county court.

There will also be the benefit of knowing that because he has made a binding agreement with the redundant employee there is no risk of him facing any employment claim in the future.

Having to dismiss staff is a bad experience for both employers and employees, but with a voluntary redundancy compromise agreement can help smooth the process and build the future for both parties on secure foundations.

READ MORE - Voluntary Redundancy: Compromise Agreements Benefit Both Employers And Employees

Arbitration Agreements and Employment Litigation

By Danielle Lovallo
Though mediation, negotiation, and collaborative law are all methods of alternative dispute resolution (ADR), arbitration has the most significant impact on employee rights. More and more businesses have begun to include arbitration clauses and binding mandatory arbitration agreements; contracts that once signed, force both parties to settle any future contentions privately, without a formal hearing.

These agreements have extraordinary ramifications on the wronged individual, especially in the context of employment law. Rather than a jury of peers, a verdict is rendered by a third party typically chosen by the employer.

Arguments in support of the process cite convenience, cost-effectiveness, and efficiency; yet, it still costs more money to try a matter before an arbitrator than a judge. Arbitrator fees are only "cost-effective" with respect to the financial loss they would encounter if the matter went to trial. If the employee recently finds him or herself out of work and without income, it doesn't make much of a difference if the employer splits the expense. If the employee cannot afford an arbitrator, their case simply does not get tried. If a case can't be pursued, an award cannot be granted, which is what makes the process so "cost-effective" for employers.

There are numerous disadvantages to the employee, forcing them to waive their rights to:

* Bring a claim to court- mandatory arbitration denies the employee the opportunity to present their case to a judge and a verdict by decision of their peers.
* Appeal - the decision of the arbitrator cannot be challenged unless the provisions for review have been made in the arbitration agreement. Otherwise, the ruling is final.
* Participate in class-action lawsuits - since matters cannot be pursued through formal litigation, the employee is barred from participating in class-action suits.
* Full discovery - Arbitrators may order or limit the time an individual is granted to collect evidence and prepare their case. Judges, on the other hand, will not impose such limits without a compelling reason.

Forced arbitration is a method of corporate damage control. Arbitrators very rarely award the types of verdicts rendered by juries. The victim is rarely compensated sufficiently by an arbitrator, and employers do not have to worry about deterring workplace discrimination, bullying, harassment, and whistle-blowing.

READ MORE - Arbitration Agreements and Employment Litigation

Anti-Discrimination Law and Individual Rights in New Jersey (NJLAD)

By Danielle Lovallo
Discrimination occurs when an individual receives unfair treatment due to legally-protected characteristics. The New Jersey Law Against Discrimination offers nearly the same protections guaranteed under the federal anti-discrimination laws; however, it is more extensive, more liberally interpreted, and offers much more in the way of rights and remedies for New Jersey employees. It guarantees the protection of civil liberties in places of public accommodation, employment, housing, credit and business contracts. In New Jersey, a person cannot be denied access to public institutions because they possess (or are perceived to possess) a certain trait that an owner finds undesirable. No place of public accommodation is permitted to restrict access on the basis of legally-protected characteristics or disabilities. A New Jersey employer cannot refuse to accept an application for any reason that does not pertain to the specific nature of the work presenting a conflict with their realistic ability to provide accommodations. They cannot deny training, promotions, or other employee work benefits. Employment rights are civil rights and an employee has an obligation to formally address their violation. Under the NJLAD, ignoring a complaint is considered a separate offense. The workplace must provide:

* Reasonable accommodations
* Readily-accessible facilities
* Fair and impartial treatment
* Non-hostile work environments
* Protection from retaliation

Schools funded by religious institutions are exempt from the NJLAD, as are private clubs. However, New Jersey is one of the few states where it is illegal for an exclusive establishment to discriminate against a member by limiting their advantages and privileges of membership on the basis of race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership status, sex, or affectional or sexual orientation. Certain public institutions may not permit entrance to some individuals, depending on their disability, if it has been officially established in court of law that doing so will result in serious harm to the disabled person or others.

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Laws for Minors

By Jackie Reyno
If you're looking for a job and you're under 18, the law considers you a minor. This means employers must abide by certain state and federal guidelines when hiring minors. The laws are very specific and strict, especially those regarding driving. However, there are special exemptions and rules that make it worthwhile for employers to hire minors.

The laws may vary from state to state. Those involving teenagers and driving on the job can be very detailed and complicated. It's important for employers to be aware of the laws before they hire minors. It's often easier to prevent mistakes then to correct them afterward. In some areas, teens are not allowed to work at any job that requires driving. Yet other states acknowledge that most teens need to be 16 to get a license and craft their employment law accordingly. Those state require minors to be 17 before they can drive as part of their job.

Other requirements include restrictions on the type of work that teenagers can perform. Some laws prohibit teenagers from spending most of their time on the job in a car or truck. Many states get technical and make schedules restricting teenagers from driving more than 20 percent of their time on the job. Teenagers are also typically not allowed to drive at night.

Other laws prevent teenagers from taking jobs that can be dangerous to their health. For example, teenagers who not be allowed to take select delivery jobs since they often require frequent trips and require teenagers to drive fast to meet deadlines. If you're considering hiring a minor at your business be sure to have all the facts before you do. Go online for more information or consult an attorney. It's better to know the details upfront before making costly mistakes.

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Flexible Working and Employment Law

By Nicola Snaith
A Flexible Working Policy is considered to be an important policy in any organisation. A Policy such as this aims to provide a positive working environment that allows employees to combine both their work life and their family life.

It is important that a Flexible Working Policy sets out the procedure for employees wishing to apply for flexible working, and the circumstances that will be taken into consideration when making a decision. It is very important that all employees are aware of an organisations Flexible Working Policy.

It should be accessible at all times and Managers should be aware of the procedures surrounding the Policy to ensure applications are dealt with fairly and consistently.

When creating a Policy such as this, it is important to include the following items:

Arrangements

This should detail the possible changes to contract and should set out the details allowing employees to care for a child under the age of 6, or 18 is the child is disabled. This could directly relate to working hours, start and finish time, or location of work.

The type of request made will directly relate to the need and request made by the employee. It is also important that employees are aware that they are only able to apply for Flexible Working once in a 12 month period.

Employee Eligibility

Employees also need to be aware if they are eligible to take advantage of the Policy. For example, with regards to Employment Law, an employee must have a minimum of 26 weeks continuous service to make an application. Furthermore, the employee must be a mother, father, adopter, guardian or foster parent and have a direct responsibility for raising a child.

How to Apply

It is very important that this type of Policy outlines the process for applying for Flexible Working. An application should be made in writing, should detail the circumstances relating to the request and the effect it may have on working arrangements.

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I've Been Hurt On The Job, Now What?

By Howard Batt
If you're fortunate, you will never see this predicament enter in to your life, but sadly, it happens all too frequently to those who work their entire lives. Your job is your means to pay for your home, your family, and your lifestyle. Not being able to do that job due to an on the job injury is everyone's nightmare.
Realistically in the United States alone, about a tenth of all workers will be injured at some point in their lives. In most cases, the injuries aren't severe and they don't require hospitalization or cause any permanent damage, but in some cases, they do.

When that happens, what do you do first, what steps should you take to assure that you're covered financially and can take good care of your home and family while you are recuperating?

For any on the job injury, your first step is to immediately report that injury. In many cases, the workers around you or your supervisor are going to know that it took place. Still, as soon as you are treated or if you are sent to the hospital, as soon as you get out of the hospital, the first and most important thing that you will do-in fact, are obligated to do is to report your injury so that there is a record of it to be able to work within the New Jersey Workers compensation system and attain any benefits that you may have coming to you.
In New Jersey Workers Compensation, you are responsible to report your injury as quickly as you are able to do so. Secondary to this, is that it will be in your best interests to seek out a legal advocate to find out what your rights and responsibilities are under the laws of New Jersey Workers compensation.
It is a good idea to seek out a legal representative immediately. While it may look to some like an admission of some type or as though you are seeking a way to attain greater benefits, the reality is that New Jersey workers compensation laws are complex and circuitous.

Getting the right advice and knowing what you need to do first and last in the line of things that you are responsible for under the New Jersey workers compensation will assure that you get what you deserve when it comes down to your medical treatment and compensation. Rest assured that the company has attorneys who are working hard on their side. They already know what their responsibilities are and are going to seek to minimize the payments that you have coming, no matter how well deserved you may be. Therefore it is important to balance the scale and have someone working on your behalf to maximize the benefits that you receive.
In many cases, your employer wants nothing more but to do what is right. That is wanting nothing more than to help you to get through the accident that may have taken place. Unfortunately, though, that isn't always the case. In addition on most occasions the decisions as to how you are treated are made by the workers compensation carrier not your employer. You may have to work hard to get what you need to help to keep yourself financially stable while you're out of work. Don't neglect your financial well being. Do as your employer asks and requires that you do, but always get sound legal advice from an expert in workers compensation laws in New Jersey.

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How Do The Workers' Compensation Laws Affect Minors?

By Howard Batt
Workers' compensation is an insurance plan required to be carried by all employers. Workers' compensation insurance supplies benefits to employees who are injured on the job or developed an illness because of their job. This includes medical treatment benefits, disability benefits, as well as death benefits. In many cases, workers aren't even aware that they are entitled to this coverage and most aren't aware that it exists until they actually need it.

Workers' compensation laws are in place to make sure employees who become disabled or injured while working are compensated, removing the need for legal action. In exchange for qualifying for and receiving workers' compensation benefits, the employee then cannot sue their employer for any other damages, including pain and suffering.

Workers' rights laws also supply benefits to an employee's dependents should an employee die from an accident or illness related to their occupation. It doesn't matter whether the employer is at fault or was negligent in the incident causing the disability or injury for an employee to receive benefits. As long as the disability or illness was sustained during and because of their employment, an employee qualifies.

Minors are no different in qualifying for compensation than adults. Should a minor who is legally employed experience a disability due to an injury or illness related to their occupation, they qualify for the exact same benefits as any other employee would. The only difference between a workers' claim for an adult and a claim for a minor would be in the case of a minor working in a situation that violates New Jersey or Federal child labor laws. If child labor laws were violated in the employment of the minor, awards for disability or death are twice the standard benefits.

There are numerous laws and factors regarding child labor. Without proper research or guidance, an employer could easily violate child labor laws. The kind of work the minor is doing, their age, the hours they are employed, the environment of their work and whether or not the hours are during school are all issues directly related to obeying the child labor laws.

In addition to a child being awarded twice the standard benefit in a workers' compensation case, employers can be charged with a crime and face a maximum of $4,000 for each offense.

The laws regarding employment' compensation and child labor can be extremely complex and difficult to understand. It would be nearly impossible for the average parent to be familiar with every element of either of them. Ensuring that the rights of the child are protected can be difficult when going at it alone. When parents aren't clear on the laws, it is essential that they seek legal representation for their child. Hiring an attorney familiar with workers' compensation and employment law can help you navigate that complicated maze.

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Employment Law in Canada

By WT Parker
Employment law in Canada is founded on the principles of contract law common to many jurisdictions but also incorporates some uniquely Canadian concepts. In Canada, as in the United States and other jurisdictions, employment law deals with non-unionized employees and should be distinguished from labour law (spelled "labour" in Canada) which deals with unionized workers. Some of the most important legal concepts and issues in Canadian employment law are contract law, wrongful dismissal, and reasonable notice damages.

Formation of the Employment Relationship

Before basic employment law comes into play there must be a valid employment contract in place. Such an employment contract may be a verbal or written and may be as simple or as complicated as required by the circumstances. The employer and employee relationship created by an employment contract must be distinguished from an independent contractor relationship which is also common in Canadian workplaces.

Wrongful Dismissal

Wrongful dismissal is another legal concept that is significant to Canadian employment law. Wrongful dismissal occurs when an employee is fired by an employer without just cause. In order for an employer to have just cause to fire an employee in Canada the employee must have acted in such a way as to demonstrate that they have repudiated the employment agreement and no longer wish to be bound by it. Examples of such behavior include actions of dishonesty such as theft from an employer, continual absence from work, or serious insubordination towards an employer. Smaller examples such as poor performance or misbehavior will not constitute just cause for an employer to fire an employee for just cause.

Reasonable Notice Damages

Reasonable notice is also an important concept to Canadian employment law. When an employee is wrongfully dismissed from their employment they may claim reasonable notice damages from their employer. Reasonable notice damages represent a period of time over which an employee who has been terminated is entitled to their regular rate of pay and benefits while they search for new employment. In order to be entitled to these damages the employee must be searching for new employment during the reasonable notice period. The length of the reasonable notice period, the time during which the employee receives their regular salary, is based upon the former employee's age, the length of time they were employed, the job market, and the nature of the work done. In Canada such reasonable notice periods may be as short as one week or as long as 24 months.

These are a number of the concepts that are important to Canadian employment law but may not be found in other jurisdictions such as the United States. Due to these and other concepts that are unique to Canadian employment law a lawyer should be consulted.

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