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Feeds for Legal:Employment-Law from EzineArticles.com [EzineArticles.com is Trusted By Millions as The Source For Quality Original Articles ] 1. Constructive Dismissal - What Is It? Constructive dismissal can sometimes to be hard to spot. This article will explain what it is. 2. At What Point Will I Need A Jones Act Attorney? Have you been injured in the line of work on a vessel? A Jones Act lawyer is the No. 1 person to inform you of your rights and fight for the complete reparations you ought to get. 3. Why A Company Grievance Procedure Is An Important Part Of Your Employment A grievance procedure is a step by step process that an employee must go through to get a complaint addressed satisfactorily. A formal written complaint moves from one level up to the higher level to get resolved. A grievance procedure is typically included in collective bargaining agreements... 4. Carpal Tunnel and Worker's Compensation Office jobs have their own bodily injuries and strains associated with them. Many people who work at computers can suffer injuries of carpal tunnel syndrome. If you suffer from carpal tunnel as a result from the strain at your job, you may be entitled to worker's compensation benefits. 5. 5 Inquiries Before Turning Your Business Into a Franchise Have you been wondering about turning your restaurant or business into a franchise? If the answer is yes, keep in mind that there are plenty of questions you must think think to ask about before doing so. This is an article that takes a closer look at five things that you should take into consideration: Is your restaurant considered franchisable? Have you thought about opening more than one location? Could you support your franchisees? Is your advertising and marketing plan ready to go? Did you consider the legal actions you need to take before starting your franchise? 6. Employment Background Checks: Don't Be Left In The Dark! More and more people are learning that failure to get an employment background check is the first - and last - mistake they make in their business. It would be great if everyone in the employment pool was trustworthy, but the facts are that this is one of the most competitive economies in some time, and people will do anything to get a steady paycheck. A whopping 85 percent of resumes have errors, omissions, or fraudulent statements. Most of these errors are innocuous, genuine mistakes made by someone looking to finish up as quickly as possible. But some of them are malicious, and that hidden information can kill your business. 7. Handling Racial Discrimination in the Workplace Have you ever been the victim of racial discrimination at work? If you have ever been in a hostile work environment it is important that you know your rights. 8. Municipal Pension Holders at Risk As Chapter 9 Bankruptcy Filings Increase Jefferson County, Alabama filed the biggest Chapter 9 bankruptcy in United States history on November 9, 2011. The $4 billion filing covering the city of Birmingham and 658,000 county residents far surpassed Orange County, California, the previous record holder, which filed for Chapter 9 bankruptcy in 1994 with $1.7 in debt. 9. Constitutional Limitations on Labour Laws Although labour policy seeks to create high minimum standards of employment, the choice of the legislature in seeking to achieve the objective are not unqualified. Minimum standard legislation is subject to various limitations. To begin with, in order to guarantee the fundamental rights, the Indian Constitution imposes certain limitations on the legislations on the legislature and the executive. 10. Employment and Support Allowance - Claims and Appeals - The View of a Professional The quality of the medical assessments carried out on behalf of the Department of Work and Pensions (DWP) to determine entitlement to Employment & Support Allowance (ESA) still leaves much to be desired, based on the cases that I see. Professional ESA Appeal Tribunal Representation and DLA Help. 11. Work Related Accidents: How the Law Impacts a Workplace Environment When it comes to workers who have sustained injuries as a result of an on-the-job accident, injury, or occupational disease, there are several things they can do to increase the chances of successfully proving liability. First, it's important to find an attorney that is experienced in handling work related accidents and the injuries associated with them. They will assist you in preserving any evidence related to the case that will also prove useful to ensuring proper justice. 12. Understand The Difference Between An Injury Eligible for Workers Compensation Vs Disability There is a big difference between how a workers compensation injury is handled vs. an injury that is eligible for disability. Make sure you know the difference to ensure that you are being compensated correctly. 13. Independent Contractors: Taxation and Liability - Most Common Issues With almost one in ten people still jobless in the U.S., many unemployed workers are turning to independent contractor work, bringing new opportunities - and challenges - to American workplaces. These alternative arrangements offer both employers and contractors added flexibility and oftentimes financial benefits they couldn't derive through traditional employer-employee relationships. But they also bring some challenges that need to be addressed in order to protect both parties. 14. Are You an Employee or Self Employed? UK Employment Law: Employee or self employed? The answer to this question will affect a lot more than PAYE and tax returns. Employees have a number of employment rights and protections which self employed workers to do not. 15. Many Employers Must Order a Pre-Employment Screening, But Many Others Choose To Be Prepared! Certain professions require pre-employment screenings before the hiring process can be completed. Medical professionals, teachers, law enforcement officers, bank tellers and many other employment opportunities require a pre-employment screening. 16. Illinois Employee Credit Privacy Act A review of the new Employee Credit Privacy Act in Illinois. A discussion of the application of the act in the employment environment and legal penalties is included. 17. Top 5 Industries Most Likely To Cause A Work Injury Anyone can be injured at work. It happens everyday. However there are some professions that are a little more likely to result in injury. Find out if you work in a high injury field! 18. Tim Tebow Brings Religion To The Workplace If you haven't heard the buzz about Denver Broncos' quarterback, Tim Tebow, you're either living under a rock or you're too busy with holiday festivities. The former Florida Gator quarterback who was also the first college sophomore to win the Heisman trophy, the first college player to both rush and pass for 20 or more touchdowns in a single season, and who earned the title of offensive MVP at the 2008 national championship game, is now taking the NFL by storm with his last-minute miracle wins and nontraditional scrappy style of play. And yet people love to hate him. OK, so maybe hate is a strong word. Let's just say some people seem to find his overt Christian beliefs and demonstrations both on and off the field to be distasteful. 19. All That You Need To Know About Employment Law In the old days people had to put up with very harsh working conditions and do anything that their employers demanded otherwise they would lose their job. Times have changed and this article explains the current law. 20. 5 Tips for Bringing an Employment Tribunal Claim If you have been dismissed from your employment, or unfairly dismissed, or your employment has been terminated unfairly in some other way, you may be able to bring a claim before an Employment Tribunal in the UK. Here is some things that you should know before you decide whether you have a valid claim. 21. How To Deal With Age Discrimination As Per California Labor Laws Age is one of the most critical factors that comprise discrimination issues in the workplace. Hence, it is only fitting that a specific section is created to tackle this issue when looking at California labor laws and policies in general. Lawmakers in the state of California strive their best to ensure that this employment policy stay as neutral as possible, especially for those aged 40 and above. 22. What the AMR Bankruptcy Means to American Airlines Pension Plans American Airlines employees could lose a billion dollars in pension benefits if American terminates their pension plans as a result of the company's November 29, 2011 bankruptcy filing, based on estimates by the Pension Benefit Guaranty Corporation (PBGC). American Airlines Workforce As of December 31, 2010, American Airlines had 73,401 employees, while its American Eagle subsidiary maintained a workforce of 13,601. Employee groups include pilots, flight attendants, mechanics and dispatchers, airport agents, reservations representatives, management, and support staff. 23. Do I Have a Good EEO Discrimination Case? (Federal Employee) Do you feel like you have been discriminated against based on your race, religion, national origin, age or disability? Is it worth your time and money to file a case? 24. Agency Worker Regulations 2010 The Agency Worker Regulations (AWR) have been introduced to protect "vulnerable" workers from exploitation by way of low pay or fewer employment rights than permanent workers. It is European legislation drawn up in Brussels where there is a much smaller flexible workforce than in the UK. Basically the legislation states that after 12 weeks on the same site (or at the same place of work) the agency (or temporary worker) is entitled to mostly the same hourly rate of pay and holiday entitlement as the permanent worker doing the same job. 25. Wrongful Discharge - Getting What You Deserve Most people are employed 'at will' meaning that at some point you filled out an application that stated that for any circumstance your employment could be terminated. This is a board statement and most people realize is there are at least a few stipulations to that blanket assertion. However, what many people probably don't realize is that anti-discrimination and wrongful discharge statutes work on a state as well as a federal level and these statutes may vary from state to state. 26. Employment Law in New Zealand - Answers to Common Questions In New Zealand, employers are normally required to give an employment agreement to every employee and this indicates their responsibilities and entitlements. New Zealand employment law is also based on the concept of good faith and the expectation is that employers, employees and unions are to act fairly and honestly and they are encouraged to settle any issues that arise among themselves. Employment law in New Zealand has many information sources if you have any queries. 27. Basic Rights of Pregnant Women In California, pregnancy discrimination is another form of sex discrimination. According to California statute, women have four months of pregnancy leave and are entitled to certain office accommodations for the pregnancy. 28. Unemployment Survival Tips Losing a job is one of the most unfortunate thing one can ever experience. It can make you worry about lots of things such as your monthly bills, health insurance, and grocery stuffs. 29. What Can Recent Events Teach Us About Sexual Harassment? Minimize the Prospects of Being Victimized In recent months, news accounts concerning sexual harassment in the workplace have splashed across the front pages of every major newspaper and at the top of the hour of every major television news program in America. Regrettably, the avalanche of current coverage has largely occurred without context or depth. The widespread media attention has failed to illuminate much, if any, information on what types of misconduct actually constitute workplace sexual harassment. In an effort to shed some needed light on the subject, let us examine what actions the courts have found amounts to actionable sexual harassment. 30. Who Is An Independent Contractor? A "hot button" topic these days is whether a worker is an independent contractor or an employee. This topic arises both in work and tax arenas, and is not a simple issue. In the work arena the issue often arises when someone applies for unemployment compensation benefits. In Pennsylvania someone who is an independent contractor is not eligible for unemployment compensation benefits, and is considered self-employed. 31. Background Checks May Help In Avoiding Disastrous Results! Have you ever stopped to consider the value of background checks? Have you ever heard the saying, "You must first conduct a background check?" This form of investigation may refer to relatively simple checks into a person's character. However, when done professionally and thoroughly, they may provide extremely beneficial information to you. The information you obtain may spell the difference between success and failure. 32. Employee Performance Monitoring Can Lead to Work Place Injuries When an employer pushes employees to work as quickly as possible it increases the chances of having an injury on the job. When speed because the priority safety falls behind. It is important to work as quickly as you can while also maintaining safety guidelines. 33. Georgia's New Noncompete Law Traditionally, Georgia law regarding noncompete agreements has been very pro-employee. However, in November, 2010, Georgia voters approved a constitutional amendment to change Georgia's noncompete and restrictive covenant law, which, as a result, as become one of the most pro-employer noncompete and restrictive covenant statutes in the United States. However, due to a legislative snafu, the law did not go into effect until the 2011. This new law dramatically alters Georgia's noncompete law. Are you ready for these changes. Some of the most significant changes are as follows: 34. Trouble On The Horizon - Severance Agreements And Recent Modifications To PA UC On June 17, 2011 Pennsylvania Governor Tom Corbett signed into law the Legislature's latest modifications to Pennsylvania Unemployment Compensation Law. The changes described below will take effect on January 1, 2012. Though presumably designed as a cost-cutting measure with regard to the Commonwealth's budget issues, the modifications may have some unexpected consequences for attorneys and their clients when negotiating severance packages, and lawyers who practice in this area of the law should expect some interesting, and probably confusing, issues to arise in the future. 35. Questions You Must Ask To Your Accident Lawyer If you meet with an accident and suffered injuries, this certainly calls for legal help. And whom will you seek help from? Well there are specialized accident lawyers available to provide legal assistance to you. However, to obtain the best help and assistance, you will have to make sure that you choose the right lawyer from the best law firm. In order to do so, there are several factors which you must keep in your mind. Considering such factors will help you in getting a lawyer who will ensure favorable outcome, will offer the desired comfort and efficiently handle your case. 36. Is Your Criminal History Thwarting Your Job Search? How To Improve Your Employment Prospects How can ex-offenders overcome their criminal histories in an effort to secure and keep employment? Approximately 600,000 men and women are released from incarceration annually. Additionally, every year hundreds of thousands of individuals charged with criminal offenses have their cases disposed of without the imposition of jail time (e.g., dismissed charges; acquittals; probation). In order for these adults to care for themselves and their families, to contribute positively to American society and not to reoffend, they need to find and keep gainful employment. Unfortunately, their criminal histories can constitute a major obstacle to their efforts to go to work. 37. Professional Help With Worker's Compensation Workers compensation can be an annoying process if you are trying to do it by yourself without a lawyer. You need all the help you can get to win something like this because otherwise good luck. A lawyer knows all the ins-and-outs of the legality of it all and they also have major connections. 38. A Quick Description of Employment Law Employment law is a system that was set up to protect employees by instituting laws that require standards for employers to follow in the treatment of their employees. This can include providing benefits to the workers such as health insurance to the employee and their families. Employment law protects workers from being discriminated against because of race, religion, disability, gender, sexual orientation, or being a veteran. 39. 2012 Amendments On California Labor Laws - What's In Store For The New Year? During the stint of Gov. Arnold Schwarzenegger in California, he has enacted a few employment laws to provide equal benefits and rights to employers and their employees. But when Gov. Jerry Brown took over his post, he was able to sign in a few bills that are set to be enacted as law effective January 1, 2012. Thus, there are amendments to the California labor laws by the new year that employees can look forward to. 40. Examination Of California Labor Laws On Patient Handling Policy Amongst Health Care Workers The existing legislation on health care workers in California has encouraged safe patient handling policy as specified under the AB 1136 of California labor laws. With the new year, employees and employers are both expected to observe the newly amended policies with regards to workers that belong in the health care industry - to be specific, concerning the handling and care for patients. 41. How An Unfair Dismissal Claim Will Give You Redress Making an unfair dismissal claim is a way of seeking redress for a breach in your employment rights. This article explains how the process of applying for unfair dismissal compensation works. 42. A Social Security Number Search Can Protect Your Business Your business is your sweat and blood and nobody can refute that particular fact. No matter how big an empire you had built - be it big or small, only you would know about the amount of time and effort that you had put in it. Having put so much of time, energy and money into it, how would you feel, if someone had to steal all of it from right under your nose. 43. How To Use Social Security Numbers To Locate Someone If you are thinking about the ways in which that you can verify a person and his credentials then I have to tell you that social security numbers surely can help you in this endeavor. The usual cases in which people usually tend to go about with this particular search is when they need to conduct a background check upon an applicant for a job opening or when a background check is to be conducted upon a person who wishes to lease a property or in many cases, a social security numbers check can also be done by business owners... 44. SSN Lookup Can Help Decide Upon Contractors Better If you own your very own house, then there is high possibility that you would have to either paint the walls each year or perhaps your spouse loves to have makeovers done to the house once in every two years. Immaterial of what the reason is, there are times when you would have to employ a contractor or an interior designer to make your ordinary house into something that is more spectacular and beautiful. In such cases before you go ahead and employ a contractor it would be best if you would conduct an SSN lookup on the person. 45. Employ The Right Person With An Easy SSN Lookup SSN lookup has now become the norm amongst many business owners who are looking forward to expanding their manpower. As a business owner you would easily come across scenarios where you would have to recruit a person for some menial work or even recruit someone to be entrusted with a lot of information, valuables and in many cases even deal with the monetary transactions of the company. Many such people come into your business with high recommendations from previous employers. 46. Unemployment Compensation Insurance Benefit Appeals in Illinois Pay close attention to the mail you receive from the state agency administering unemployment benefits. The agency or your former employer can challenge your receipt of benefits and there are strict deadlines for appealing. Don't underestimate the importance of the "telephone hearing" before the Hearing Officer or Referee. It's the most important stage. 47. "Sexual Stereotyping" Harassment Theory Advances: Learn How to Avoid Being a Victim In the late 1980s, the courts began to adopt the concept of "gender stereotyping," i.e., instances in which an employer treated an employee unfairly because the employee did not act in a stereotypical gender appropriate manner as deemed by the employer. In recent years, homosexuals, lesbians and heterosexuals who do not conform to gender stereotypes have successfully sued their employers for disparate treatment and/or for harassment based on such sexual stereotyping under Title VII of the Civil Rights Act of 1964 ("Title VII"), as amended. 48. Understanding Workers Compensation Forms Making sense of the paperwork that accompanies a worker's compensation claim can be tedious. This article gives an overview of some common worker's comp forms encountered during the process of a claim, a denial, and an appeal. 49. How Do You Become A Legal Recruiter? What is a legal recruiter? We frequently hear about this term, and although we are aware that the function connected to it is looking for lawyers or paralegals for a certain company, we are uncertain about other details connected to the job description and how to attain such a post. 50. Worker's Facebook Postings Protected: Guard Your Rights! Section 7 of the National Labor Relations Act ("NLRA") allows non-union workers as well as union employees in the private sector to engage in protected concerted activities, i.e., activities involving two or more workers acting together to improve working conditions. Within the last year, the NLRB has repeatedly made clear that the Section 7 protection covering employees' one-on-one discussions regarding working conditions extends to electronic communication amongst employees via Facebook. 51. Are Employees Productive Labor Units? Do corporations own their employees? In some regards they do, of course often this is an agreed upon deal at the time of hiring. Plus, there are regulations that the government places on corporations and thus, they must safeguard against accidents, mishaps, and fraud in the workplace, therefore place additional restrictions on their employees, which will include their free-time or leisure time away from work. 52. Collective Bargaining Agreements The rights of collective bargaining are commonly associated with the unions struggle for rights and good working conditions. However more recently they have been the center of the NFL lockout and the rights of the players versus the rights of the team's owners. While the majority of us will never fight over how many millions we deserve to make this year this area is very important. In fact it is so important that it is considered a basic human right. It ensures a bit of democracy in the workplace and protects the workers from being pushed around of neglected. As the saying goes there is strength in numbers. 53. "Hot" Disability Issues A hot issue currently is an employee's ability to keep their job when they have to take time off due to an illness or disability and the duty of an employer to accommodate them while maintaining a productive workplace. Although the Americans with Disability Act ("Act") has been in effect for some years, its provisions became muddled and diminished through various court decisions. As a result of the confusion, and what many people considered to be a deliberate attempt to undermine the spirit of the Act, Amendments to that Act ("Amendments") passed by Congress became effective on January 1, 2009, and the Equal Employment Opportunity Commission (the "EEOC") issued final resolutions on how to implement the Amendments in May 2011. 54. Lawsuit Loans Help End The Nightmare Of Employment Discrimination Sadly, millions of people are subjected to various forms of employment discrimination each and every year. Very frequently, employers assume that the employees will be unable to file a lawsuit against them due to insufficient funds. However, the advent of lawsuit loans and settlement loans have been very helpful in addressing this disparity. 55. Understanding the Americans With Disabilities Act (ADA) The Americans with Disabilities Act (ADA) was created to thwart discrimination against individuals with disabilities in employment, in addition to business establishments that are open to the public. This works, however, with the reasonable accommodations created for a lot of types of disability. 56. California Labor Laws On Trade Secrets Between Employers and Ex-Employees The California labor laws offer some general rules when dealing with trade secrets in the employment industry. However, this is a relatively new concept so you can expect the existing policies are subject to change or revision at some point. For now, it is important to address how trade secrets are being protected by the law to ensure employers rights are preserved. 57. Guide To Special Leaves Under California Labor Laws Employees setting up business and operation in the Golden state need to be aware of the California labor laws. This is a must knowing the reputation of the state for having one of the most stringent employment laws. Hiring a legal counsel might even be a smart idea so you can avoid employer liability and legal claims in the future. 58. Independent Contractors Workers can be classified into two basic categories: employees and independent contractors. This distinction is not without a difference. For example, employees are generally entitled to minimum wage and overtime pay, and are covered under their employer's workers' compensation insurance if they are injured on the job. The wage requirements do not apply to independent contractors, who also are responsible for paying for their own workers' compensation coverage. 59. Are Managers Exempt? Managers typically don't receive overtime because they're exempt. Employers often assume that their management trainees fall into the same category and are exempt. They don't, and they aren't. 60. Rights Involved In Workers Compensation It is hard to imagine your life being any different than it is today. Today you can walk, bend, grab things with both hands and jump up and down if you want. The problem comes when you walk into work one day able to function normally but then an accident at work happens and bam life is never the same again. 61. FERS and CSRS Disability Retirement: Quality and Quantity of the Medical Document Whether or not a Federal or Postal employee is eligible for Federal Disability Retirement benefits under FERS (Federal Employee's Retirement System) or CSRS (the Civil Service Retirement System or, in the parlance of many, the "old" system), is ultimately determined by both the quality and the quantity of the medical documentation presented and submitted to the Office of Personnel Management. Such medical documentation should include, at a minimum, a medical narrative report prepared by one's treating doctor; office and/or treatment notes of the treating doctor, for up to 18 months prior to the filing of the Federal Disability Retirement application; any diagnostic testing, including X-ray results, MRIs, EMGs, etc.; and any recent records on hospitalization and surgeries, if available. 62. What Really Goes Into a Background Check? When should you conduct a thorough background check? When an employer needs to confirm that they are not letting someone into their workforce who has a documented record a criminal convictions, or a parent or school needs to verify the nanny, volunteer, or coach they are entrusting their children with has no past record of offenses against children or dangerous behavior. There is too much at stake to go through the time and trouble of doing a background check and to have only given everyone the false sense of security because it was just the appearance of a background check. As my article will demonstrate, a thorough background check requires the use of different sources at different levels, essentially, several sets of eyes looking from different angles for a 360 degree view. 63. The Problem of Self-Representation in Your Employment Case In lean economic times, more employees are representing themselves in labor dispute cases, both in court and in arbitration. They do not think they can afford a labor attorney. However, studies show it is a very risky decision. 64. What Is Unfair Dismissal Compensation? If you have been dismissed from your job but feel that this was done unfairly, you might have an unfair dismissal claim. This article offers a brief introduction to the issue of seeking unfair dismissal compensation at an employment tribunal. 65. Can You Be Fired for Having Bad Credit or Filing Bankruptcy? There is a specific Federal law under Title 11 that prohibits an employer from discriminating against an employee including firing that employee for filing bankruptcy. The fresh start that comes with protections under Title XI of the bankruptcy law is constitutionally guaranteed to all as a fundamental right. 66. Unemployment Compensation Is Not an Automatic Entitlement Many potential clients who contact me assume that anyone who leaves a job for any reason is automatically entitled to receive unemployment compensation benefits. That is far from reality. Unemployment compensation benefits are administered by each state, and the state in which one has worked, rather than the state in which one lives, makes a determination of entitlement to benefits, based on that state's laws. I have been a seminar organizer and presenter for unemployment compensation issues in Pennsylvania, and this Firm has handled hundreds of matters dealing with all facets of unemployment compensation. 67. Have Someone Working Hard for You So You Don't Have To Today's economy demands that those of us with jobs need to work harder to make ends meet. Most families require two incomes in order to pay the bills. The economy and the stock market are experiencing more dramatic ups and downs than at any time in our history, so not earning a salary is no longer an option for any one. 68. 2011 Updates On The California Labor Laws The California labor laws are deemed as one of the most stringent employment laws in the United States. Hence, it is deemed as the most employee-friendly State due to the laws that it has observed to ensure that all benefits are rewarded to the employees. There are complex components in the California labor law, which needs to be fully understood so that employee and employer rights are preserved. 69. The Importance of Employment Law Employment law is the set of rules and regulations that govern the rights and restrictions of workers and employers such as minimum wage, working hours and maternity leave. Therefore an understanding of it is vital but it is very complex meaning that it is difficult to argue your own case in course. Taking the time to learn about employment law may be a vital investment for the future in case of an unwanted situations when these rights may be violated. 70. California Labor Laws About Regulating Employee Internet Activity This has also been the center of controversy in the workplace with quite a few employees from various parts of the law having been fired due to their posts on Facebook. It is therefore important to consider what the California labor laws had to say about regulation of internet activity, especially when posts made have something to do with their employer or work. 71. Employment Law When Dismissing an Employee As an employer it is never something to look forward to, but there are times when someone needs to be dismissed from their job. To many businesses the rules of when and how an employee's contract can be terminated can be confusing. This article tries to simplify this area of employment law. 72. Wages Claims - What Are Your Rights? Deductions from wages are prohibited by law unless the worker specifically authorises it in writing in advance under the S13 Employment Rights Act 1996. This is so even if the money is owed to the employer by the worker. It sometimes happens that a worker is dismissed but fails to return equipment or perhaps safety clothing which the employer has paid for or supplied. 73. Legal Recruiter - An Invaluable Aid to Lawyers and Organizations Alike A legal recruiter is an important entity for any lawyer or attorney looking to land a stable legal career. It is always worth having the expertise of a recruiting firm to provide guidance to unemployed legal professionals and to offer them beneficial services not normally obtained by those who prefer to go it alone. 74. We All Value Our Rights - Workers Compensation Laws Help Protect Those Rights There are laws in your state the protect you after you've experienced an injury at work. Many people are not aware of these laws and the protection that they provide to the injured party. 75. What Should A Background Check Cover? The reason for a background check is simple. It is to ensure that a particular person is who they say they are, they have the skills and education they claim and they are qualified for the post. When recruiting, background checking has become an essential part of the process. 76. A Guide to Performing Pre-Employment Background Checks in the USA Over recent years it has become more and more usual for companies to perform background checks on potential employees. It is clear why companies need and want to do this, but what can they check, how do they check it and what restrictions are there? When hiring it is a good idea to have as much information available as possible about candidates in order to ensure that the right decision is made. 77. Guidelines On Paid Days Off Work Apart from normal holidays, workers in Spain have the right to a number of paid days off for specific reasons. The following is a brief guide. 78. New Notice Requirements for Oregon Wage Claims When an employer fails to properly pay an employee wages after termination of the employee's employment, the employee can assert a claim for unpaid wages against the employer. In a wage claim against the employer, the employee can recover the employee's unpaid wages and a statutory penalty. The statutory penalty is either 30 days of unpaid wages or 100 percent of the employee's unpaid wages, whichever is greater. In most circumstances the 30 days of unpaid wages is a larger penalty. 79. Constructive Dismissal - Learn How You Can Deal With It One of the key areas of Employment Law is Constructive Dismissal. Another term for Constructive Dismissal is Constructive Discharge. Such a Dismissal occurs in a situation where the employee quits their position within a company due to egregious actions on the part of the employer. It is typically something that causes a breach of contract between the employee and employer. 80. Unjust Dismissal in Spain - Readmitting or Indemnifying an Employee In cases of unjust dismissal, employers can have the option to readmit the employee. The following is a brief outline of some of the things to remember. 81. Appeal Your Rejected Disability Claim With Disability Attorneys Know about the disability benefits law unknown to you. When you hire a legal representation, you will of course have a better chance of presenting your case in a timely and persuasive manner. Hire an experienced lawyer for reject appeal claims. 82. A Guide to Disciplinary Dismissal What are the grounds for a disciplinary dismissal in Spain? The following is a brief guide to some of the main points to be borne in mind. 83. Unfair Dismissal Laws: What They Mean For You The Employment Rights Act of 1996 ensures that all employees have certain rights that have to be protected during dismissal. It is a tightrope that employers tread when dismissing an employee as there has to be valid proof that an employee has done something to warrant a dismissal from their job. If someone has been fired wrongly, there are laws in place called "Unfair Dismissal" to protect the employee. 84. How The Collective Bargaining Agreement Works in Spain In Spain, the 'Convenio Colectivo' is a collective bargaining agreement subscribed to by the representatives of the workers (e.g. trade unions) and those of the employers, in order to establish the minimum working conditions along with other aspects of the working relationship that will apply to all those covered by the agreement. There are essentially 2 types of collective agreement: 85. Conducting Your Own Background Check I've been applying for jobs recently and a lot of employers want to conduct a background check. I'm curious what they will find. How can I conduct my own background check and what should I look for? 86. Age Discrimination - What Does It Mean? The Equality Act 2010 makes it illegal to discriminate against, or treat unfavourably employees, job candidates or trainees on the basis of their age. This applies to someone of a particular age or to someone in a particular age group or band. 87. Lawyers for Workplace Injuries Have you had an accident happen on the job? Are you looking for some compensation for your troubles? Lawyers can help you figure out the situation and bring you justice. 88. Labor and Employment Law - Personal Liability in Fair Labor Standards Act Lawsuits Usually owners and managers cannot be personally sued for alleged violations of federal labor statutes. One big exception is lawsuits brought under the Fair Labor Standards Act. The fact the company is a corporation affords no protection to individual owners and managers. 89. Are Your Franchisees Inadvertently Breaking IRS Employee Versus Independent Contractor Laws? When it comes to employment law perhaps nothing is more important than following the IRS codes, and it should be the concern of every small business person. If you are running a franchising company, then you are a conglomeration of hundreds if not thousands of small businesses called franchisees. It's important to monitor your franchisees and make sure they do not violate IRS codes when it comes to payroll taxes. 90. How Hiring an Employment Law Expert Can Save Your Company Money Whilst it is no doubt true that some employers are cavalier about the rights of their employees, there are many more who are simply untrained in the finer points of employment law and who make genuine mistakes whilst having every desire to act in good faith. Mistakes which, if seized upon, can cost them not only financially but in terms of valuable time spent and also reputation. 91. Getting Help With Employment Law From an Employers' Perspective Employers are in need of advice too. It is so very easy to presume that an enterprise employing a hundred or even more people will automatically be versed in the finer points of employment law but that isn't always the case. There's no reason why a firm specialising in, say, the manufacture of aircraft parts or the production of pharmaceuticals should naturally be expert in industrial legislation and employment tribunals. Law is, of course, a completely different and separate discipline to that in which they specialise. 92. Understanding California's Unique Non-Compete Law In almost all states the general policy is that a non-compete, a contractual term that restricts a person's capacity to be employed in certain places, areas, or fields, post employment is against state policy. However, "reasonable" non-compete contracts are enforceable if they serve to protect something valuable. Typically, this is secret information belonging to the former employer. 93. California Labor Laws On Non-California Residents The California labor laws covering all employees who reside and work in the state are pretty straightforward. The aim with these regulations is to ensure that all employees, and employers as well, get to benefit from the contract and ensure that they are compensated for the work they had rendered to the company concerned. One area of confusion in the labor law within the state concerns out-of-state workers or those who are non-residents of California but only come to the state for work purposes. 94. California Labor Laws Concerning Wages Every state in the US have nearly identical regulations when it comes to the wages and other pay policies for their employees. It is therefore important for employees to learn about California labor laws on payments to ensure that both employee and employer rights are protected in the process, while also avoiding legal disputes. The most basic regulation under California labor law on wages is that employers should assign two calendar days per month as payday. 95. California Labor Laws On Employee Leave Rights California labor laws offer protection for employees and employers when it comes to enjoying their leave rights or getting the much-needed rest in case of an illness to the employee or a family member. This is one of the most misunderstood aspect of the labor regulation in state of California. An understanding of the basic regulation will inform you of employer rights, as well as that of the employee. 96. Basic Guide To California Labor Laws The state of California has enacted California labor laws that are designed to protect both the employees and employers. These laws cover health, human rights, and employment policies to ensure that each party can enjoy equal benefits throughout the course of the contract. The entire scope of the California labor law is too comprehensive to cover in one article, but this will serve as a glimpse into the basic employee and employer rights in the state. 97. Is Your Boss Giving You a Hard Time? You Have Legal Rights at Work, But What Are They? Are you an employee? Then you may also be referred to as a Claimant if you took your employer to court. A Claimant is usually the term given to an employee who wants to make a claim against their employer. There are free fact sheets available to you to help you uphold your rights. 98. Why Have a Compromise Agreement? A compromise agreement is evidence that will be accepted by a court about an employee's agreement not to pursue a legal claim against the employer in return for some kind of benefit. A compromise agreement can be useful for an employer in order to avoid the publicity, costs or uncertain outcome of a tribunal or court case. The agreement, known as COT3 (Central Office of Tribunals - form 3), is a contract that legally settles a dispute without recourse to a court of law. 99. What You Can Do About Workplace Discrimination Laws and Cases There are so many forms of discrimination and harassment. And, there are many federal laws that forbid persons to discriminate and harass persons based on their color, race, national origin, religion, sex, disability, age, pregnancy, etc. 100. Be Safe At Work - Avoid A Construction Site Accident When an injury happens at work that prevents you from doing your job it can be very stressful. However a lot of injured people make the big mistake of not researching their benefits options. If workers compensation benefits are denied there may still be hope for you.
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