Archive for October, 2009
October 28th, 2009
By Ryan Coisson
If you’ve worked with lawyers before, you know that most attorneys’ practices usually center on very specific fields. Family law attorneys do divorces, while personal injury lawyers protect people who’ve been hurt. An employment or labor attorney litigates on behalf of people who have been wronged by an employer while on the job. If you think your employer may have treated you unfairly, here are some of the types of cases that can best be handled by an employment attorney.
– Age Discrimination: Persons over 40 may not be discriminated against in the workplace due to their age. Such discrimination can be manifested during the hiring/firing process, in the types of work assignments given, or in alteration to benefits and retirement packages among many others.
– Sexual Discrimination: If you feel you’ve been unfairly singled out or even harassed due to your sexual gender, you needn’t “take it.” There are laws protecting you against such treatment and an attorney can help you determine if you have a case.
– Whistleblower: If something fishy is going on within your company, it takes a lot of courage to be a whistleblower. The retaliatory consequences could be severe indeed, and your rights need to be protected.
– Over Time and Pay Day Law Claims: If your employer has failed to pay you adequate overtime or if your paychecks have been sporadic and irregular, a lawyer can help you get timely compensation.
These are just a handful of the kinds of cases an employment attorney tries on a daily basis: the bottom line is, if you think you have been discriminated against or have been wrongfully treated by an employer, you do have recourse. Contact an employment attorney in your area immediately.
Rosenberg Law (http://www.rosenberglaw.com/) is a Houston employment lawyer. Ryan Coisson is a freelance writer.
Article Source: http://EzineArticles.com/?expert=Ryan_Coisson
http://EzineArticles.com/?When-Should-You-Hire-an-Employment-Attorney?&id=2851693
October 28th, 2009
By Ryan Coisson
With the aging of baby boomer workers and the downturn in the economy, employers may try to replace older employees with younger ones in an effort to save costs. However, the ADEA (Age Discrimination in Employment Act) of 1967 specifically prohibits such actions for companies with 20 or more employees, state and local governments, and unionized entities. If you suspect you are a victim of work-related age discrimination, you may have a claim under ADEA. Here are 3 steps to follow in pursuing such an action.
1. Know the Facts
You cannot be discriminated against in the following areas: hiring, firing, promotion, layoff, benefits, compensation, training, or job assignments. For more information visit the government’s website.
2. Keep Records
You cannot bring a case against an employer without having tangible proof of impropriety or discrimination. Make sure to carefully document specific events, conversations, people involved, dates, times, and places.
3. Hire a Good Labor Attorney
Even if you have an excellent relationship with your long-time family law attorney, such a lawyer is probably not experienced in handling discrimination cases. You will want to find a labor attorney whose sole focus is on protecting and litigating for employees in the work force.
If you don’t have anyone recommended to you by family or friends, start by searching the internet in your area for qualified attorneys. After creating a list of candidates, contact the Bar Association in your state to check on both his credentials and his standing with the bar. Usually, the most experienced labor attorneys are the most desirable.
You Don’t Have to Feel Victimized
If you feel you are being discriminated against because of your age, there is recourse. But you can’t and shouldn’t go it alone: it is always best to contact a qualified labor attorney to help.
Rosenberg Law (http://www.rosenberglaw.com/) is a Houston labor attorney. Ryan Coisson is a freelance writer.
Article Source: http://EzineArticles.com/?expert=Ryan_Coisson
http://EzineArticles.com/?What-to-Do-If-You-Suspect-Age-Discrimination-at-Work&id=2851710
October 28th, 2009
Home Depot employee Trevor Keezer was fired for wearing an “under God” flag button.
Regardless of Home Depot’s company policy, this is a clearly a case of religious discrimination only because of the method of execution of the firing. I can tell you right now, that kid is going to get the right to sue Home Depot and he will win. If Home Depot would have taken immediate action the moment he started wearing the button AND if they would have taken the same immediate action with ALL employees, Home Depot would have been in the right to not allow any employee to wear non-Home Depot buttons.
But, because they waited until he whipped out the bible to fire him, it will be Home Depot that burns in hell. This case will go to court, unless HD agrees to settle beforehand. HD is guilty, guilty, guilty.
I love it. This is a clear-cut example one of those cases where the company’s own employee guidelines comes back to bite the company in the ass.
What they should have done was to keep their lips zipped when they saw the bible come out. Instead, they should have scheduled a mandatory employee meeting or issued a company memo stating, “Effective immediately, employees in violation of Home Depot’s company policy of not wearing non-company issued blah, blah, blah on their person while on the clock, will be terminated.” Or something to that effect. No finger pointing, no names, no favoritism, no excuses. If you are going to enforce company policy, you have to do it to everyone, even management.
By allowing the bible to be the triggering event, this matter went from a case of an employee violating company policy to a case of the employer committing religious discrimination. They waited for the wrong moment and then played the wrong card. Juries LOVE to get these kinds of cases because they get endless amounts of joy sticking it hard to the company.
Just because your employer has a employee manual doesn’t mean the company’s got iron clad protection from their own screw-ups. Read my article on how to use the employee manual against your employer when things go south for you. Get a copy of Work Laws Exposed and learn how to protect yourself on the job when your employer starts acting like God.
