Employment Law Information

Archive for November, 2009

 
Employee Polygraph Protection Under the EPPA
By Joseph Devine

Many of us are used to only seeing “lie detectors” on television shows, usually dramas. So when an employer or business asks you to take a polygraph examination, it may come as a surprise and you may be protected under the Employee Polygraph Protection Act (EPPA) from having to take it.

Polygraphs or “lie detectors” are machines that read several measurements at once on a person: breathing rate, heart rate, blood pressure levels, and responses in the skin. These levels are then used to determine the physiological stress levels at different intervals of the questioning process. The transcript is then looked at by a polygraph examiner who is the ultimate decider on whether or not the employee (or subject) is telling the truth. Much controversy arises from this last step because there is a chance of error in reading the results.

The EPPA has established specific polygraph testing and restricting guidelines for many private employers under federal law. These standards are not required of government entities, federal government-affiliated businesses or agencies, public school employees, or anybody employed with or a part of a correctional facility. This means that any person under this umbrella can be asked by their employer to take a lie detector test.

Most private employers, however, cannot ask the same of their employees unless certain conditions apply. If the employee refuses to take the polygraph test, he or she cannot be fired, disciplined, or be discriminated against for not doing so.

Commercial businesses that can be permitted to use a polygraph test under the EPPA guidelines are:

-Security service companies such as security guard or alarm services

-Businesses affiliated with the manufacturing and distribution of pharmaceuticals

-Businesses whose employees are likely suspects in an incident of theft in the workplace that caused a financial loss to the employer

Certain standards must be met for a polygraph such as the way in which the test will be handled before the test, during the test, and after the test. Of course, the polygraph examiner must also be licensed and be professionally insured.

Many employers exercise rights that they do not have at the expense of their employees. If you or someone you know would like more information on polygraph tests, EPPA guidelines, or how both these items relate to your rights as an employee, contact the Houston employment lawyers of the Ross Law Group.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Employee-Polygraph-Protection-Under-the-EPPA&id=3293648

 
By Joseph Devine

Courier services and the mail are one of the most important lifelines of our society. Without their efforts, communication and commerce would be much more difficult or impossible. The nature of these services means that employees are under unique pressures and face risks different from many other lines of work.

Delivering the mail requires more than people on the ground visiting mailboxes. There are long-distance truck drivers, pilots, loading and unloading crews, and distribution center employees. At each step of the chain, efficiency is of the utmost importance. This can result in a great deal of pressure on workers. Many of these jobs are also very physical, which can present injury risks.

For people delivering on the ground, there is a risk of injury from moving sometimes very heavy packages. Fully-loaded mail trucks can result in tumbling packages and smashed hands and feet. Improper lifting technique can of course result in injuries, and many delivery vehicles do not offer the same amount of protection as most modern vehicles.

Some of the unpleasantness of postal ground work has become iconic. Even if the mail is delivered “rain or shine,” adverse weather conditions can pose serious health risks. Without adequate protection, excessive heat and cold can cause serious and potentially life-threatening conditions. Likewise, unfamiliar dogs can pose serious threats to mail delivery people. Some people even have more exotic animals like tigers which could pose life-threatening risks to delivery people.

Postal and courier work can be as dangerous as it is essential. Although many people love the independence that line of work can bring, the risks are still present. If you have been injured while carrying out your mail delivery duties, you are entitled to file for workers’ compensation to help you with your expenses until you can work again.

The Pennsylvania workers compensation attorneys of Lowenthal & Abrams can help you put together and file your claim. To discuss your case with a lawyer, contact Lowenthal & Abrams today.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Postal-and-Courier-Service-Injuries&id=3257267

 
By Joseph Devine

There are many occupations that have specific illnesses associated with them. Very often these are the result of some environmental factor in the workplace, or a result of the work itself. You may have heard of coal miners suffering from “black lung,” a disease caused by inhalation of coal dust. People whose jobs involve heavy repetition of certain actions can lead to repetitive strain injuries. In addition, although increasingly rare, some workers are still exposed to highly toxic chemicals like lead.

The lungs are one of the parts of the body most commonly affected by the workplace. People who work in industries where there is a lot of ambient dust are susceptible to diseases from dust inhalation. Although our lungs are capable of clearing out much of the particulate matter (dust) we inhale, some substances persist. Silica, the most common mineral on earth, is not toxic. But very fine silica particles can become permanently stuck in lung tissue and reduce the lung’s capacity.

Repetitive strain injuries, sometimes abbreviated RSIs, are the result of prolonged specific stresses on the body. Carpal tunnel syndrome is one example of an RSI, but there are many others. Carpal tunnel syndrome is caused by pressure on the median nerve, which connects the hands to the spine, as it passes through the wrist. Other RSIs involve similar prolonged strain on nerves and tendons, and can affect thumbs, elbows, and the nerves connecting the neck to the arms.

Although there are extensive workplace safety regulations in place, some jobs do involve risk of exposure to toxic substances. In many cases this is by necessity: jobs that “someone has to do.” Thankfully, modern safety equipment drastically reduces the effects of such work environments. If the equipment becomes damaged, however, workers can be exposed to toxic substances. People who clean radioactive waste, for example, could be exposed to cancer-causing radiation if precautions are not followed exactly.

If you have fallen ill as a result of workplace conditions, you may be entitled to workers’ compensation insurance. An experienced workers’ compensation attorney can help you get the full assistance you need. However, if you think someone might be liable for putting employees at risk, pursuing legal action might be preferable. In either case, the Pennsylvania workers compensation and personal injury attorneys of Lowenthal & Abrams can help you. Contact them today to learn more.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Occupational-Diseases&id=3223554

 
By Joseph Devine

There are many types of harassment in the workplace; one of the main types being verbal abuse. What constitutes something as verbal abuse? The fact is, any language that impedes maintaining a professional rapport in the office or within individuals due to intimidation, belittling, hurtful language, or mental and emotional isolation.

The Abuser

The most common type of workplace abuse derives from an abuser who has a “higher standing” or is a “veteran” within the company or institution. The abuser usually creates their own universe where he or she must abuse or put someone down in order to feel better about him or herself. It is not uncommon for an abuser to have had a rough or abusive childhood. For abusers, it is easier for to hide how he or she feels inside with distractingly abusive behavior. The abuser usually wants empathy and respect from the victim and feels he or she can achieve this by forceful means and without having to develop a genuine relationship with the other.

The Victim

An abusive relationship is usually a confusing scenario for the victim. He or she is usually unaware of what kind of life the abuser faced as a child or prior to his or her current employment. Most professionals would like to maintain a equal relationship with his or her coworker, supervisor, or other work-related contact. He or she may never feel completely adequate at his or her work, alienated from the abuser as well as other coworkers, emotionally stressed, or even feel compelled to quit. Coworkers may inadvertently encourage these feelings if they have never personally felt the same and express to the victim that he or she may be exaggerating or trying to create “drama” in the workplace.

Signs of Verbal Abuse in the Workplace:

- Constant feeling of work inadequacy
- Being constantly ignored and treated differently
- Sarcastic remarks with the intent of bringing someone down
- Feeling alienated from others in the workplace
- Use of inappropriate or derogatory language
- Supervisors using his or her authority in an improper manner
- Coworkers attempting to overstep their boundaries with condescending words
- Performance critiques discussed in public work settings
- Any situation that hinders developing or maintaining a professional relationship with someone

For more information on verbal abuse in the workplace and how to do deal with it, please visit the Houston Employment Lawyer of the Ross Law Group.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?Verbal-Abuse-in-the-Workplace&id=3209037

 
By Joseph Devine

All workers have certain rights granted to them by federal laws as well as laws from individual states which protect them against workplace accidents and negligent employers. In addition to the benefits experienced by employees, employers benefit from these laws because they increase the productivity of employees. The community benefits from workers’ compensation laws as well: the laws keep health costs low.

Injured Workers and Their Rights

If you are an employee in the United States, you should be familiar with your rights as a worker in regard to an injury, accident, and losses experienced in the workplace. These rights include:

Workers’ Compensation:

Every worker in the United States is entitled to workers’ compensation coverage. If you are hurt on the job or in the workplace, your employer may have a responsibility to help cover the costs of your medical needs. There are exceptions to the rule which vary by situation and state. If you think you are entitled to workers’ compensation coverage that you have not received, you might consider seeking legal advice.

Disability Compensation:

If you experience an accident on the job, you may experience injuries that leave you with either temporary or permanent disabilities. These disabilities may even prevent you from returning to your job, forcing you to miss work or forcing you to find other employment. For this reason, disability compensation from your employer can help provide you with funds to help support yourself and your family either during your time of healing or permanently if you are unable to return to work. Depending on your injury, your work history, and your employer, your compensation will vary.

Information:

As an employee, you are entitled to proper education about safety, insurance coverage, and legal rights. Your employer is obligated to provide you with this information any time you have any questions about workers’ compensation, disability compensation, or injury claims.

Formal Complaints:

You have the right to file a complaint if your employer neglects proper standards of employee safety and care or if you feel you have not gained just compensation for any loss. The Department of Workers’ Compensation can provide you with information about complaints, as can your employer, your insurance representative, or a legal adviser.

Despite the rights of all United States workers, some employers fail to properly recognize these rights. In this case it is often advisable to seek legal assistance. For more information about work-related injuries and workers’ compensation, contact the Des Moines workers’ compensation lawyers of LaMarca & Landry, P.C.

Joseph Devine

Article Source: http://EzineArticles.com/?expert=Joseph_Devine
http://EzineArticles.com/?An-Explanation-of-Workers-Rights&id=3223547

 
By Charlie Prenicolas

The Industrial Revolution has brought radical changes in the working place. This historical phenomenon swept much of the world, especially Europe where it started and the Americas. One radical change it brought to the working place is the deterioration of working conditions as the number of workers or employees rose meteorically. In this regard, the government would need to pass laws protecting the rights of workers. These protective laws paved the way for the creation of modern employment law in the United States.

What is Employment Law?

The Employment Law protects employees or workers from any kind of mistreatment on the workplace. The poor working conditions that resulted from Industrial Revolution led to the creation of laws establishing fair wages, limiting the number of working hours in a week and prohibiting child labor. Other labor related laws also include laws regulating the cleanliness of the workplace, protection of employees from any kind of hazardous accidents.

Employment Laws have been passed standardizing the provision of benefits by the employers for the employees.

Employment Law includes health insurance that benefits workers if medical problems arise due to poor work condition or unsanitary workplace. In addition, Employment Law also covers protection against discrimination in the workplace based on religion, race, gender and other factors.

Let us focus more on employment discrimination laws that protect employees from discrimination in the workplace. The US Equal Employment Opportunity Commission (EEOC) enforces several employment discrimination laws that protect employees from compensation discrimination. One of these laws is the Equal Pay Act of 1963. The passage of this law is milestone in labor history as it ensures that there shall be no wage discrimination based on sex in the workplace.

The Equal Pay Act

As stated above, this law requires that no wage discrimination shall take place based on gender. This law requires that men and women be given equal wage for the same work rendered in the same workplace. The jobs need not to be the same, but they must be essentially equal.

Further, the EPA states that it is not the job titles that matter in determining whether jobs are substantially equal but the job content. Men and women alike are protected by EPA as it prohibits unequal wages to both genders that perform a job that requires substantially equal amount of work, skill and responsibility in the same workplace and same working conditions. Pay differentials are only allowed when they are based on merit, seniority, quantity or quality of production or other factors than gender.

Employees expect that their employers will adhere to the Employment Laws discussed above. Moreover, basic standards of fairness in terms of employment decisions shall be observed in the workplace, like equal page for equal job for both sexes. Sometimes, however, these labor laws are not adhered to by employers. If you are a victim of unfair labor practice, do not hesitate to fight for your rights. An experienced civil rights lawyer or employment lawyer might help you build a strong case against your abusive employer.

Charlie Prenicolas is a legal researcher who writes informative articles on Illinois civil rights, medical malpractice, and personal injury cases. For more information on reputable Chicago civil right lawyers, kindly visit Dolan Law Offices today.

Article Source: http://EzineArticles.com/?expert=Charlie_Prenicolas
http://EzineArticles.com/?Employment-Law-and-Equal-Pay-Act&id=3180952

 
By James Kahn

Employment discrimination is very hard to identify. Office employment practices from very formal to very laid back cultures. When a form is filled out for employment, there is usually a disclosure at the bottom of the form that states something to the effect of “we do not discriminate based on color. Creed ,sex or religion”. This brief sentence is put in place by employers by law. It is a guarantee that they will not discriminate against hiring someone based solely on how they look or what their personal belief system is. This sounds reasonable and acceptable however it is not always followed.

There are a lot of cases filed in court accusing discrimination. Filing a case and proving it are two seriously different things. It is easy enough to file a case, a few legal forms are put together and presented to the court. Proving the case takes a lot of work and a little luck unless the case is so blatant that it is obvious to most people. Employers usually have attorneys, some are so large that they have attorneys on staff. The attorneys for the employer will file their own legal forms to answer the complaint, this back and forth with the legal forms could take years, by that time any witnesses to the discrimination may be long gone. Furthering the difficulty of proving discrimination is that employers are savvy at creating paper trails in preparation for their defense.

If a case does make it through the legal system and the employee can prove discrimination there are a few monetary compensations they may receive. Back wages and front pay, back wages are any wages that would have been due the employee, front wages are a little more complex. Front wages is the money that the employee would have made had the discrimination not occurred. Consequential damages may also be awarded, this money that is granted to the employee for being discriminated against. Punitive damages also can be awarded and in essence this is the money that a company has to pay and it is like a fine.

A law suit can be instituted by any citizen. It requires preparing the proper legal forms, filing the forms with the court and serving the forms on the parties involved. There are templates available to create the legal forms that are needed, but it is probably best to hire an attorney that is well versed in employment law. Many attorneys will take these type of cases on contingency basis, which means if the case is won the attorney will take a percentage of any monetary damages that is awarded. If the case is not won typically the plaintiff is not required to pay anything.

James is an expert in writing about legal documents and forms that may help you when your in the search of the right legal document. He writes many articles about forms ranging from, power of attorney forms, landlord tenant forms, and most any legal form that your searching for.

Article Source: http://EzineArticles.com/?expert=James_Kahn
http://EzineArticles.com/?Employment-Discrimination-in-the-Work-Place—How-to-Spot-it&id=3222398

 
By Shalanda Ballard

Workplace romances have become the hot topic since David Letterman’s recent announcement that someone attempted to disclose his affairs with women working on his show. Workplace romances are fairly commonplace. Between 41% to 58% of employees state that they have dated a coworker. And, according to careerbuilder.com, 14% of employees state that they have engaged in a supervisor/subordinate relationship. You should know that a workplace romance can cause problems for you, your partner, and your company. There are some things you should do before beginning a workplace romance:

1. You should consult your companies employee handbook. Vault.com reports that 70% of companies do not have a formal policy banning workplace romances. That means that 30% of companies have such a policy. You need to know what your company thinks about workplace romances before you begin the relationship, because you can be given a formal reprimand, counseling or even terminated if your company prohibits workplace romances. Some companies handle workplace romances by separating the couple, i.e., placing them in different departments or work areas. You should not be the one who is moved if your romance is with your supervisor or someone higher than you in the corporate structure. That could be viewed as retaliation.

2. You should consider requesting that the reporting relationship be changed if your workplace romance is with your supervisor. There are many pitfalls in workplace romances between a supervisor and subordinate. You should think about how to protect yourself and your career before beginning the romance with a supervisor. One way to protect yourself is to ask that the reporting relationship be changed so that you do not report to the person you are dating. Changing the reporting relationship will protect you in two ways. One, the person you are dating will not have the power to discipline you or damage your employment if the relationship ends badly. Two, your achievements will not be discounted by your workplace romance because your achievements cannot be attributed to your workplace romance.

3. You should keep your romance out of the workplace. You may be dating someone in your workplace, but your romance should not be part of your workplace. You should maintain the same level of professionalism as you did before you began dating your coworker. You should not email each other on company computers or text each other on company telephones. You certainly should not engage in any displays of affection in the workplace. You should keep your personal life and your professional life very separate when you are dating a coworker.

4. You should discuss the details of your relationship with your partner before you begin the relationship Communication is the key to any lasting relationship. That is especially true of a workplace relationship. You should discuss with your partner who you want to tell about the relationship and how public you want the relationship. You should discuss whether one of you should leave the department or the company. You should realize that the decision may not be yours because your company may have rules that resolve this issue. Also, it is not exciting or sexy to think about a possible break up at the beginning of a relationship. Surely, at this point in your life you are aware that not all relationships work out. You should consider that this relationship may not be forever and discuss how you would handle a possible breakup, especially since your career and financial livelihood may be affected by this relationship. We also know that your feelings will be different after a breakup. So, you should commit any breakup rules you decide upon to writing.

Finally, the individuals who are involved in a workplace romance are not the only individuals who are affected by the romance. The romance can affect coworker’s employment in the form of lost promotions, lost work assignments, increased work assignments, reduced productivity etc. You should pay attention if you are an employee who works with individuals who are involved in a romance to make sure that your employment is not negatively impacted by the romance. If you are denied promotions, work assignments, or merit increases because of a workplace romance, you should consider raising the issue with Human Resources.

With 50% of employees saying that they have engaged in a workplace romance, it is probably safe to assume that workplace romances are here to stay. The question is what will your career be like after your workplace romance. Your career need not be lost if you follow a few simple rules before you start your romance.

Shalanda Ballard is an employment defense attorney who has practiced in all facets of employment litigation. Ms. Ballard was named in the National Register’s Who’s Who and in Law & Politics Magazine as a Rising Star. She has spoken at continuing legal education conferences and employment law seminars. Ms. Ballard writes an Employee Rights blog at http://www.employeerightsblog.net.

Article Source: http://EzineArticles.com/?expert=Shalanda_Ballard
http://EzineArticles.com/?A-Workplace-Romance-is-Not-Career-Ending&id=3144033

 
By Shalanda Ballard

Thousands of children are terrified to go to school because of a bully. Have you ever wondered what happened to the bully in your school? Well, that schoolyard bully grew up, got a job, and is now a workplace bully. She still uses threats, ridicule, and a negative disposition to terrorize those around her.

Workplace bullying is aggressive or unreasonable behavior designed to negatively impact or destroy a coworker. Workplace bullies can be managers, coworkers, subordinates and even clients. Workplace bullies are insecure people who attempt to mask their insecurities with control and domination. The target usually provides insight into the bully. Bullies often target people they envy, people who have the traits and talents the bully wishes she possessed. The bully attempts to destroy the more skilled and more talented individual to feel more secure in her employment. According to the Workplace Bullying Institute, the following are the most common tactics used by workplace bullies:

• Falsely criticizing the target’s work quality.
• Staring, glaring, nonverbally intimidating, and showing hostility.
• Discounting the targets thoughts or feelings.
• Sabotaging or interfering with the target’s ability to work.
• Ridiculing, undermining, screaming, and yelling at the target.
• Nitpicking and paying attention to unimportant details.
• Constantly reminding the target of mistakes.
• Threatening the target’s job, reputation, or work status.
• Abusing the evaluation process by lying about the target’s performance.
• Declaring the target “insubordinate” for failing to follow arbitrary commands.
• Assigning the target undesirable work as punishment.
• Creating unrealistic deadlines, duties, and work demands.
• Encouraging the target to quit or transfer or face more mistreatment.
• Ensuring failure of the target’s project by not performing required tasks, such as sign-offs, taking calls, working with collaborators.

Many employees do not report the workplace bully for fear that the behavior will worsen or they will lose their jobs. But, ignoring the behavior will not solve the problem. “Bullies don’t reform – ever,” says Bruce Taylor, owner and principle of Unison Coaching. “They may hide the bullying for a while, or they move on to another victim, but they won’t stop bullying.” Bullies enjoy bullying. Bullying is a personality trait which the bully has sharpened for years. It is her way of life now. The workplace bullying usually does not stop until the targeted employee resigns or is terminated. Gary Namie, a psychology professor at Western Washington University, says that “once the bullying starts, most can only stay 16.5 months because it costs them their health.” You can handle workplace bullying in the following ways:

1. You must perform your job well and make sure that others know you are performing your job well. Workplace bullying takes a tremendous emotional toll on the target. If that emotional toll causes your performance to deteriorate, then the bully’s baseless accusations of poor performance can turn into warranted accusations of poor performance. You cannot defeat a workplace bully if you are not performing your job well.

2. You should not internalize the bully’s attacks. Workplace bullies constantly criticize, ridicule, and disparage their target. That can beat the target down and cause the target to believe that the bully’s negative statements are true. The target must reject those lies.

3. You should gather your witnesses, coworkers, and friends for your defense. It is fantastic if you have individuals who can support your allegations. However, since 72% of bullies are bosses, there may not be anyone who will support you. Coworkers are rarely willing to take a stand against a boss, especially a bully boss.

4. You should avoid private interactions with the bully. Some bullies recognize that their behavior is inappropriate and refrain from treating you badly in front of others. If your workplace bully only mistreats you in private then avoid private interactions. Also, there will be witnesses who can attest to the bully’s behavior if the interactions are not private.

5. You should document the bully’s behavior. Your allegations will be taken more seriously when they are presented factually and not emotionally. You remove your allegations from the emotional realm when you approach your employer with fully documented facts, i.e., names, dates, witnesses, and details.

6. You should consider filing an internal complaint against the bully. You need to make someone else in your company aware of how you are being treated. You should make the complaint to Human Resources, a high ranking company official, or someone identified in the company’s complaint procedure.

7. You should consider looking for a new job. Workplace bullying typically ends with the employee’s resignation or termination. According to the Workplace Bullying Institute, “more than 80 percent of those bullied lose their jobs.” You should consider looking for a job so that you can leave on your terms.

8. You should consider filing an external complaint against your employer and/or the bully. Sixty-two percent of employers ignore complaints of workplace bullying. That means that your help will likely come from an individual or entity outside of your company.

Workplace bullying is four times more prevalent than illegal harassment. Yet, employers ignore most complaints of workplace bullying, telling the victim to “work it out” with the bully. The employers who react in that way do not appreciate the financial cost of workplace bullying and are relying on the fact that workplace bullying is not illegal. There are 16 States that are considering “healthy workplace” laws prohibiting workplace bullying but, to date, no State has made workplace bullying illegal. So, you should avoid describing your situation as workplace bullying. Instead, you should use terms the law recognizes such as harassment, discrimination, and hostile work environment. If your physical characteristics or those of your harasser make it difficult for you to make a viable harassment, discrimination, or hostile work environment claim then you should talk in terms of torts such as assault, intentional infliction of emotional distress, and tortious interference with employment. The Indiana Supreme Court recently decided Raess v. Doescher, a case many are calling the first workplace bullying case. In the Raess case, Joseph Doescher sued a surgeon who treated him poorly at work. The Indiana Supreme Court stated in its written opinion that “workplace bullying could be considered a form of intentional infliction of emotional distress.” And, the jury awarded Doescher $325,000 on his assault claim. There are legal causes of action which reach workplace bullying. You should use those legal terms and not “workplace bullying” when speaking to your employer.

Legal risk is not the only risk workplace bullying poses to companies. Workplace bullying presents significant financial costs to companies with respect to productivity, operating cost, and work quality. A University of North Carolina workplace bullying study found that 28% of targets lost work time avoiding the bully, 22% of targets decreased their work effort, and 12% of targets changed jobs to avoid the bully. Health care costs also rise as the target’s stress becomes a sickness or illness that requires medical treatment, sick leave, or FMLA leave. If the targeted employee resigns or is terminated, the company will incur significant costs in hiring and training a replacement and loss of company wisdom and experience. Human resources experts estimate that replacing an employee costs a company two to three times the lost employee’s salary. There is also the time and expense of handling internal employee complaints about the behavior. So, you should not discuss emotions or moral impropriety when you complain about workplace bullying. You should speak a language your employer will pay attention to and understand . . . legal and financial risk.

Shalanda Ballard is an employment defense attorney who has practiced in all facets of employment litigation. Ms. Ballard was named in the National Register’s Who’s Who and in Law & Politics Magazine as a Rising Star. She has spoken at continuing legal education conferences and employment law seminars. Ms. Ballard writes an Employee Rights blog at http://www.employeerightsblog.net.

Article Source: http://EzineArticles.com/?expert=Shalanda_Ballard
http://EzineArticles.com/?How-to-Survive-the-New-Terror-at-Work—The-Workplace-Bully&id=3143974

By Nick Messe

The greater Portland Oregon area has experienced a serious economic boom for the past decade or so, growing to a staggering 2.2 million people by the end of July 2008. That was almost 2% growth in just the previous 12 months. The greater Portland area includes such places as Tualatin, Hillsboro, Beaverton, Gresham and several other smaller centers.

With dynamic growth like this Portland has seen a significant growth in employment figures as well. But this frenetic growth has taken a hit over the last 18 months. In fact the growth in Portland’s unemployment rate in the year preceding June of 2009 was the highest in the entire U.S. Unemployment rose to 11.6% in April of 2009 – a full 3% higher than the national rate at that time (8.6%).

These numbers mean there are a lot more people in the Portland area out of work, and there will be companies – both large and small – slashing payrolls as they struggle to stay in business. In some of those cases there will be questions about due process as well as termination rights as defined by labor law. While these things vary somewhat from state to state, here are some of the general rules that apply to employer-employee relationships.

While having a job is an essential thing, there are pitfalls that can happen in any employer and employee relationship. Someone who has been let go without due process can claim for both unfair and wrongful dismissal. However, only the compensation for one claim will be entertained so as to prevent the payment of dual compensation. To be eligible to qualify for unfair dismissal procedure, the employee must have been in employment continuously for one year and should have made the claim within 3 months of the date of dismissal.

The one year minimum employment requirement remains in place except in the following exceptions in cases. These include where the employee has worked for a trade union during working hours or when dismissal is linked with pregnancy and maternal rights. In cases of dismissal due to sex, race, age, or disability, the employee should make a claim under “discrimination” and not unfair dismissal. Some of the other exceptions are dismissal for asserting employment laws, health and safety rules, for acting as an employee representative, and acting as a pension scheme trustee.

Wrongful dismissal, not to be misunderstood with unfair dismissal, is based on contract law and calls for a review of the work contract to figure out who has broken the law. Either side can nullify the contract by giving sufficient notice as stipulated in law, however the conditions of the contract supersede the legal provisions. Dismissal under an insufficient notice or short notice can be deemed wrongful dismissal. However, in cases like theft, the employer can take recourse to summary dismissal as the employee has committed a serious breach of trust. Failure to follow the disciplinary procedure is also arguable under wrongful dismissal.

It is common knowledge that many immature employers are irked at the smallest show of retaliation or discontent shown by a worker, like filing a claim for discrimination, retaliation or compensation, after an on site injury. They take it as a personal affront and summarily terminate the concerned worker creating a hostile atmosphere forcing him to quit, which is also illegal as per the clauses of the Civil Rights Act. In such circumstances the worker has the legal right to seek refund of loss in earnings and punitive damages for wrongful termination. In addition, he is eligible to claim for his distress during that period as well as punitive damages.

In such cases the best they thing they should do is to hire an experienced personal injury attorney who has a reputation for good negotiating skills and is proficient with all aspects of employment law. They will ascertain the exact reason for your wrongful discharge. They will take up your claim on an emergency basis without taking a single cent from you. They will discuss the fees agreement during a preliminary consultation and agree to recover their fees as a percentage of the recovery amount.

Wage disputes can be viewed from either side of the coin. From the employer perspective, it is a good idea that they have an attorney on staff, and not wait for a problem to arise with a worker or have to face other glaring issues. This will help them understand the Federal and State Laws and the Fair Labor Standards Act as well as local municipal laws on overtime, rest breaks, travel time, termination and other such matters. Employees also have the right to have their wage disputes protected by the above attorneys.

Federal and state laws prohibit sexual harassment and sex discrimination against men and women in their places of work. Pregnancy related wrongful dismissal of women, retaliation against their refusal to respond to demands for sexual favors, improper advances, remarks and other indecent conduct which detracts from their performance at work, are all part of sexual harassment. As in the film featuring Michael Douglas and Catharine Zeta Jones, it isn’t always a case of a male harassing a female. The tables can sometimes be turned.

If you feel your employment has been terminated unfairly you should discuss your case with an experienced Portland employment lawyer, or a legal firm that specializes in Portland or Tualatin employment law.

Nick Messe is president of Lead Frog LLC. In the Portland Oregon it’s Martin, Elliott and Snell PC for an experienced Portland employment attorney. They always offer a personal and supportive approach to clients seeking legitimate compensation for personal injury – http://www.mes-law.com

Article Source: http://EzineArticles.com/?expert=Nick_Messe
http://EzineArticles.com/?Rise-in-Portland-Unemployment-Can-Lead-to-Unfair-Termination&id=3194530