Thursday, November 29, 2012

How to Find a Qualified FELA Law Firm

Finding a qualified FELA law firm can seem a daunting prospect. The last thing you want to do is engage the services of the stereotypical 'ambulance chaser' that will care nothing about you and your struggles and only looks to get as much money out of you as possible. What you need is a FELA lawyer that is well versed in the law and genuinely interested in securing the best possible settlement for you. Although the Union has a list of approved counsel, it is not always necessary, or even desirable to use a FELA attorney (railroad) from this list. Many factors can complicate this choice such as accessibility of the law offices, difficulty of your case, and need for an independent opinion.

If you choose not to use the Union recommended lawyers how do you find a qualified FELA law firm? Looking for a respected lawyer is much the same as looking for a good doctor or other professional. Check for references from satisfied clients, complaints lodged with the State law boards and case records including successes in similar claims. Look for a FELA attorney (railroad) that will offer a free consultation - it is imperative that you trust and can work with your lawyer and this consultation is critical to assessing that. A good lawyer also uses this consultation process to help discern if there is a valid case and they will be honest with you about your chances of success.

When you have found a FELA law firm that you wish to work with, do not be afraid to ask if they have more than one FELA lawyer and if so, request to interview each one. The relationship between lawyer and client is one of the critical elements for claims success - therefore it is worth it to take the time necessary to ensure you have chosen the right person for the job.

When you have chosen a FELA attorney (railroad) it is best you take a professional attitude towards your meetings with them. Be on time, keep records of appointments and do your best to thoroughly answer all questions. To some, it may seem like a FELA lawyer is 'hassling' them, but it is truly necessary to ask hard questions about the accident and its aftermath. Your lawyer will ask the questions so that neither of you are surprised in court.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   

What to Do If You Think Your Employer Has Dismissed You Unfairly

The workplace is filled with stories where employers unfairly displace employees, based on either personal grudges or suspicions that have do not have any root causes for and neither have been substantiated in any way.

There are times when dismissal is fair, based either on the lack of performance shown by the employee, or when talking about recent times, the curse of the recession and the resulting redundancies that have occurred. If you belong to the first case then there are different means and methods of dealing with your suspicions about whether your dismissal was fair or not.

The first most reasonable thing you can do is to analyze the proceedings that led to the dismissal. If your employer gave you a specific reason as to why you were dismissed, think over it and determine for yourself whether you were unfairly dismissed or not. If you feel that you were, you should try contacting your employer and talking out your differences with him or her in a reasonable and calm manner.

Sometimes, you may be unlucky to get stuck with unreasonable employers. In that scenario, you may want to try the law and see how it works for you. Under the United Kingdom law, employees have been provided with certain privileges, and they can make use of the law in their favour. You can try appealing under the disciplinary procedures of your employer, but if that does not seem to work out then you may want to try the Employment Tribunal, also known as the Industrial Tribunal in Northern Ireland.

Before lodging a formal complaint at the Employment Tribunal, see if you can get your employer to listen to you in a reasonable manner. You should enlist the services of the Advisory, Conciliation and Arbitration Services that provide you with specialist. This specialist is there to serve as a bridge between yourself and the employer and helps suggest ways of reconciliation over your differences.

It is important to note that if you are set upon making a formal complaint at the Employment Tribunal, you should do so within three months of your unfair dismissal. If you have come to an agreement with your employer such as the "compromise agreement", it does not allow you to lodge a formal complaint against the employer.

You may have been given more than one reason for your dismissal. Whatever be the reason, it is up to you to prove why you feel you have been unfairly dismissed. The court is there to only provide a ruling if facts are provided. Make sure that you have official correspondence or any other proof of records that state that you had been doing your job in a regular manner and that you were unfairly dismissed.

If you are making a complaint against your employer, you should employ the services of a good attorney, who can guide you ably through the whole procedure. Since your firm would already have a professional litigator, it might be considerably difficult to prove your case, especially if it has been a watertight dismissal, and there has not been any shady business to have taken place.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   

Don't Lose Your Job to a Workplace Harassment Law - What You Must Know to Keep Your Job

If you, as an employee, instigate what turns out to be a hostile work environment, it is possible that you could be in serious trouble for breaking a workplace harassment law... and, innocently, you had no idea that you did that.

By definition, harassment in the workplace is an act that leads to an environment that has become hostile. That is a rather general term, and perhaps that is why so many people do not realize how much trouble they could get into by saying the wrong thing to the wrong person. Of course, there are some people who know exactly what they are doing, mean to start trouble and should have the book thrown at them.

This article mainly concerns those who mean well, and want to stay out of trouble; be a good coworker and do the right thing. You might have a good friend outside of work, or at work, who's of a different religion or ethnic background, who you kid around with, both ways, about such differences.

That would be between you two; try that at work with someone else and you could lose your job. It's common sense but a lot of people just do not get it, even if they're well-meaning.

This applies to many areas, or differences among us, in addition to race and religion: well, actually just about anything. Someone's physical appearance, the way they dress, their sexuality; seriously, even the sports team they root for. You could be asking for trouble with overt, overbearing displays of racial and religious pride, or gay rights.

Keep in mind that your company's implementation of any workplace harassment law, as annoying as it might seem is meant to keep peace in the working neighborhood. Just keep your nose clean, and if one of your coworkers has a big one, and you can't resist letting them know, make sure you know them well. Then whisper it!

Having trouble on the job with a bullying boss? The Undercover Lawyer may be able to help. Check it out here.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   Immigration Lawyers - What Are They Good for?   

Redundancy Law - Making it Easier on Employers & Employees

Being made redundant and making someone redundant can be difficult, particularly when you don't know what your rights are when it comes to redundancy law. Searching on the internet is one common way that both employers and employees find information about redundancy but often the wording is such that unless they have a degree in law they probably won't understand the full meaning. Finding an employment law company who has legal advisors specialising in redundancy law is a great start to getting your questions answered and finding out your legal rights.

If you are an employer you will know that a company restructure, downsize or reorganisation are all part of business life and more often than not result in you having to make staff redundant. You will also know that restructuring needs to be used with care so as to avoid any unintended consequences that could ultimately damage your business. Some employers think that they can make their staff redundant simply because of their lack of performance or they just don't get on with them: This is not the case: If they are caught doing this then it can be very expensive. There are important steps to be taken when considering a restructure and talking with a specialist in the field of redundancy law will help you with these steps.

If you are an employee you may feel that being made redundant is a personal decision by your employer, as you've heard rumours that they are creating a new position which appears very similar to yours. Under New Zealand law you are entitled to be consulted prior to any decision being made and to be given all relevant information. Along with this you are also entitled to representation.

It's important to remember that redundancy can come about for many reasons including the addition of new technologies, business outsourcing, market downturn or change of business ownership, but regardless of the reason redundancy laws still apply.

So to find a specialist, conduct a search for keywords such as 'restructuring and redundancy law' in one of the Search Engines and look for a company that provides such services in your area of New Zealand. Also, take a look at their site to see if they provide information on what they need from you to assist you with your case. Make sure that they clearly state what they can assist you with, so that you are sure you are going to receive the help and information you require.

Finding a redundancy law specialist will not only provide you with the help you need but it will help to avoid any unnecessary arguments and mitigate the stress.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   Children and Women Labor Law   What Happens If I Win My Employment Tribunal?   

Understanding Union Shop Laws

One of the most common types of union security is the union shop, a term practically everyone in the United States has heard, but one with which many people in certain areas are largely unfamiliar. The concept of the union shop is that collective bargaining is only possible when the entire work force of a certain business is with the union. That is, if a union were to strike for better benefits, and only half of the employees are members of the union, the business may be able to safely ignore the union. The union, in this case, has little power to affect working conditions.

To prevent this from happening, unions have reached agreements with the companies which employ them necessitating new employees join the union. These new hires are granted a certain grace period, after which they must join the union or pay the equivalent of dues. Under the National Labor Relations Act, the employees have at least 30 days before they must join the union or begin paying dues. This way, the union is able to exercise collective bargaining effectively.

The union shop replaced the more stringent policy of the closed shop, which the Taft-Hartley Act illegalized in 1947 in the United States. In a closed shop, a prospective employee had to already be a due-paying member of a union before they could even be hired by a company. This situation had certain obvious benefits to those already in a union - principally, being in a much smaller labor pool and therefore being far more likely to be hired - and certain obvious problems for people not in a union. Because the policy was effectively discriminatory, the US government outlawed the practice, although union shops were allowed to continue.

However, union shops are not effectively present in many states, mostly southern and southwestern ones, which are so-called Right-to-Work states. In these 22 states, laws prohibit companies signing agreements with unions mandating union membership or due-paying to be required of employment, either before or after hiring. Unions are much weaker in these states, as they have little power to effectively bargain with their employers. Unions may still exist in these states, but they lack some of their traditional function.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   Immigration Lawyers - What Are They Good for?   New Labor Laws Don't Mean Much Until the Trial Lawyers Start Creating Case Law   

State and Federal Labor Law Poster Requirements

If an employer has 2 or more employees, the employer is obligated to have a current State and Federal Law Poster on display in the work area. These posters must be showcased and seen by all of the employees.

Although most businesses are expected to post the same State and Federal Law Posters, not all businesses have to adhere to the laws on the posters. Some of the laws do not adhere to all companies. For example, a Dr.'s office may not have as many requirements as a hospital. A business is to display the correct law posters that adheres to the business.

These posters must be in a language that all employees can comprehend. Even if one employee does not understand English, a different poster in that employee's native language must be purchased. These posters cover all of the employee's rights. The Occupational Safety and Health Administration (OSHA) posters inform the employee about important health and safety information. The Department of Labor issues law posters details content including minimum wage, disability rights, family leave and other important legal topics for employees.

State law posters are different from Federal law posters as well. Labor laws are different in every state. These State law posters outline specific laws to a specific state and must be displayed with the Federal law posters.

Laws are always being revised and changed which is why it is important to display the most updated laws as possible. Employers must replace older versions with the most recent one in the workplace.

How to Fight For Unpaid Overtime   A Workers Comp Lawyer is Who You Need to Call For Workplace Injuries   Laws About Hiring Minors   California Labor Laws and the Domestic Workers Bill of Rights Movement   

Twitter Facebook Flickr RSS



Français Deutsch Italiano Português
Español 日本語 한국의 中国简体。