Month: June 2019

Using FMLA law as an Weapon against Employment Discrimination Charge

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It has been a long time describing such a typical case of FMLA laws in Ohio. It is an employment issue with an employee who had been out of the office for the treatment of cancer. After the person gets well and wiling to be back on job, the employer is not in a position to take back the employee to his company. There can be a serious allegation against Ohio employee rights violation.

So, how to tackle the situation? Will it be termed as employment discrimination under the law of FMLA act? Is it the employer who seems to be guilty for not retaining the employee after his/her recovery?

Know the employers view point:

Before we start analyzing the way outs let’s view the genuine constraints for the employer. Yes, it is a deliberate confession. The employer is running a small company with the strength of only 15 employees. While the employee was out on leave, the economy was shattering leaving out lots of lay offs and salary cuts on work. Under such circumstances of slow business the employer can’t afford the employee now.

Apprehension for legal penalties:

But again there is always a possibility of legal intervention that may sue the employer for not allowing the employee to continue with the job. Of course, it’s a true confession by the employer that he would retake the employee once the things get fine. But how certain and safe is the position of the employer against law? The concern finally ended up with the petition to an Ohio FMLA lawyer.

What best can be done to protect the employer?

Fortunately being a small company, the employer can take advantage of the loopholes of FMLA law. Employment discrimination rules under FMLA act apply for the companies having 50-75 workers only. So it seems the employer is too small to be covered under the federal law. Moreover Ohio does not have any family law at the state level.

Employer’s job:

However there is the rapidity required for the employer’s point of view also. During last salary cuts or lay offs the employer should have eliminated the employee position and informed him/her about the decision at that time only. By doing this it would be easier to avoid being appeared that the employer is not illegally discriminating the employee by using FMLA laws.

Concluding the whole discussion the final solution could be like this- First allow the employee to join the office and let him/her work for 2 weeks. Then eliminate the employee position. The reason is that while making the internal changes the employer didn’t lay off the employee. But now in this current situation the employer can do it and it wouldn’t be regarded as discrimination too.

In this context one shouldn’t forget that companies with strong employee strength can’t escape the loopholes as discussed. In such case personal attention from an attorney on employer-employee rights is the priority all the times. Consulting resourceful online legal directories for attorney search can also be an apt solution in most of the cases.

Do The Benefits Outweigh The Costs Of Using An Employment Agency

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The reason you can’t get a job is simple.

The population of the world is increasing and according to official census records, will continue to do so until the year 2050. As the population increases, the job market is currently stifled because of recession and increased workload to the lowest common denominator of worker. Also, many administration and entry level positions are now filled by computers, as the business world finds newer and more innovative ways to streamline operations.

More people, less jobs. Quite simple. You need help, especially if you are just getting started.

The general education in many universities does not prepare its students with the specific technical skills that would guarantee its graduates a job after copulation. Generic jobs are being farmed out to virtual assistants or cheap labour, leaving the entry level graduate out in the cold. Many of them do not have the money to continue their education, and face the choice of going into crushing debt to try, or become underemployed and unfulfilled in the job market.

The mid-level worker who was counting on his or her skill set to last a lifetime also got a rude awakening. And once they lose a job, they are immediately priced out of their experience level by other, younger, desperate job seekers who are willing to work for much less. Businesses, facing the increasing pressures of competing on a global scale, does not have room to make anything except cold numerically based decisions.

You need help, especially if you are starting over.

A recruitment agency is your alternative to spending precious time going back to school and taking on debt that you will never get out of, or facing the prospect of government assistance or menial drudge work. Especially when compared with these alternatives, a recruitment agency more than pays for itself in the quality of work received, and the peace of mind you receive in the interim knowing that another opportunity is right around the corner.

A recruitment agency will also have the inside ear on temp jobs and jobs which are not advertised, both of which can hold you over until they can help find you something more permanent.

Face it: unless you are willing to and have the means and time to learn the highly technical skills that guarantee work in the tech driven world of today, you will need help in order to continue doing what you love at a wage that will allow you to maintain your lifestyle. Do not be afraid to try recruitment agencies; it is their job to keep you employed. And once you get started, it becomes as if a weight was lifted off of your shoulders — one that you need not bear in the first place.

Every Business Should Have An Employment Attorney

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An employment attorney can represent your business if you are ever accused of discrimination or terminating someone for some unjust reason. It is not enough to simply hope that you will never have to deal with such a situation. People that lose their jobs for one reason or another are often bitter and looking to get even in some way. Don’t let your company be blindsided by unforeseen accusations. Be ready to defend your actions with the help of an employment litigation lawyer that has handled these types of cases in the past.

Your reputation as a legitimate enterprise could be on the line if someone accuses your company of treating employees unfairly. It doesn’t matter if the situation in question has to do with wages, confidentiality agreement violations, or some disciplinary action. An employment attorney can review the corresponding labor and employment laws and your current practices to advise you. In most cases, there are surveillance tapes, time clock records, and other pieces of evidence that can be used as part of your defense case. Just be sure that you make these items available to your lawyer for review. He or she will know which records are relevant to the issue at hand.

In many cases, your employment attorney can meet with the lawyer representing the other party and settle the case before it even makes it to court. There is really no need for expensive legal battles to drag on, especially if your company can present evidence that challenges the legitimacy of the person’s claim. Lawyers, no matter which side they are on, want to resolve all matters as quickly and amicably as possible. That is why it is nice to have a professional you can call when communication starts to break down. A professional with your interests in mind can maintain composure through any proceedings that an employer may find themselves in.

With all of these considerations in mind, it might be time to retain a legal representative you feel you can trust. Then, if a problem ever arises, you will only have to pick up the phone to obtain their services and get a matter resolved.

Does your business have an employment attorney? Portland, Oregon business owners can consult with one from Bullard Law. For more information, visit: http://bullardlaw.com.

Reasons to Hire an Employment Service in New Jersey

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An employment service in New Jersey is the best choice when it comes to job hunting in this city. This industry is responsible for providing qualified, skilled and efficient human resources to businesses in return for a fee, depending on the kind of service provided. Employment services in New Jersey work as a consulting medium that links jobs and job seekers and forges a great partnership between the employer and employee. A New Jersey job placement agency has information about what a New Jersey company is looking for in terms of the qualifications and skill-sets of potential employees. Their aim is to cater the right kind of professionals suited to meet the diverse human resource requirements that a company may have.

Benefits of Hiring a New Jersey Job Placement Agency:

1.Training and improving the quality of human resources at hand to meet employer needs.

2.Researching to make sure that this match is mutually beneficial and satisfying.

3.Putting up online advertisements in their websites highlighting job openings that help in faster recruitments.

4.Constant communication with human resource executives of companies gives employment services New Jersey better access to information about job vacancies.

How To Hire A New Jersey Job Placement Agency:

Searching the Internet for a list of names of employment service New Jersey.

Browsing through local directories to find out names of local recruitment agencies.

Browsing through job websites to see which agencies have posted jobs in that area.

Getting recommendations from friends and family members who have had good experiences with working with some agency.

The better defined the service; the greater are chances that clients will offer better jobs.

Exploring what the agency needs from the candidate for screening and what additional services they offer like computer trainings or writing effective rsums.

Finding out if the agency has current or expected possible job openings with a client company that may be just the right one for you as a job seeker.

When hiring an employment service in New Jersey, remember that you cannot be coerced into appearing for job interviews that you do not want to take. Inform your recruiter about the kind of position, company and salary you are expecting from a prospective employer. Finding the right agency for job hunting may take time, but if you are patient, you can find one you have been looking for. So while you are waiting to be hired, make good use of your time by seeking placement agencies to job hunt for you. Enroll into seminars and other training sessions to brush up your interview skills in preparation and hire a rsum service for that extra edge.

For more information please visit http://www.walkerpersonnelservice.com/

Most Common Clauses In An Employment Contract And Agreement

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Employment contracts and agreements defines the terms and conditions of the working relationship between an employer and an employee.

The contract shows the duties and responsibilities of the employer to the employee and vice versa.

Although each company has its own template, an employment contract usually contains the following clauses:

Parties Involved

This will specify that the agreement is between the employer and the employee.

Position and Duties

The employment agreement should also specify the title of the position that the employee will be holding, together with the specific duties that the employee will perform as set out by the job description that will be attached to the agreement.

Place of Work

This refers to the location where the employee will be tasked to perform his/her duties.

Working Hours

This refers to the required number of hours the employee must meet.

The employment contract should specify the number of hours the employee must work per week and the number of days in a week.

It should also specify the time that his/her job starts and finishes.

Pay

In this part of the employment contract, the employer can specify the equivalent annual salary that the employee will receive.

The contract should also specify the following:

The period that will be covered for each pay day
The day the payment will be made
The method of which the payment will be given

Public Holidays

This part of the employment agreement specifies that the employee is entitled to be paid for the time worked during a public holiday.

Conflict Resolutions

This part of the employment agreement can specify the process and policies that apply in resolving possible conflicts in the future.

This could include the grievance processes that can be used by the employee to report any practices or policies that they feel are unfair or unjust.

This clause may also include the preferred alternative dispute resolution (ADR) process to resolve employment disputes.

The most common type of ADR process is arbitration because it is much more similar to a court proceeding compared to other ADR forms.

Other Clauses

The employer may also include other clauses that aim to protect the operations and the interests of the company.
Some of them are:

Non-compete clause This prevents an employee from accepting employment from a competitor or start their own venture that will compete with your own company.
Non-solicitation clause This clause prevents your employee from soliciting your clients, customers or suppliers.
Non-disclosure clause This prevents an employee from divulging non-public or proprietary information. The contract should stipulate what defines confidential information.
Anti-raiding clause This prevents former employees from soliciting current employees to leave their employment.
Anti-disparagement clause This prevents employees from making statements that opposes the interest of the company.

Employers are advised to seek help from an expert employment law attorney to make sure that all important areas are covered and that no existing laws are being undermined.