SettlementBoard.com News, Articles and Information for Legal Junkies

20Oct/111

Fight to Punish Discrimination Legally

Workplace discrimination is punishable by both state and federal laws. It is important that an individual not keep quiet about harassment or discrimination in the workplace. If you do not know how to proceed, legal help is always available.

In New York, discrimination laws are well-tailored to both employers and employees. A person with such a complaint is advised to take this up with a NY discrimination attorney.  Be sure that the attorney you retain is well aware of the respective state and federal laws regarding discrimination.

Discrimination issues are governed by the “Division of Human Rights” in New York. Following are the types of discrimination covered by the law:

• Age
• Color
• Creed
• Disability
• Domestic violence
• Ethnicity
• Gender
• Marital status
• Military status
• Predisposing genetic characteristics
• Pregnancy
• Sexual orientation

Sometimes other workplace issues are related to discrimination, including:

• Defamation, libel, and slander
• FMLA
• Wrongful termination
• Religious discrimination and harassment by coworkers

Any legal action you take need not be against your employer—it can be against any individual in your company. Of course, your employer can also be involved in such cases if they had failed to take an action against the wrongdoer or in any way supported the actions of that person. If you suffer from discrimination in the workplace, the sooner you contact a discrimination lawyer, the sooner you can deal with the problem.

 

 

20Oct/110

The Role of Employment Law in a Business

Employment law often deals with discrimination or harassment in the workplace. Discrimination or harassment cases frequently lead to a settlement of some kind, or failing that, are decided in a courtroom. Employers almost always have an attorney to represent them. Hence, employees should retain an equally strong and experienced attorney to guide them.

Employment litigation matters mostly fall into the following categories:

  • Sexual harassment
  • Retaliation (whistleblower)
  • Americans with Disabilities Act
  • Family and Medical Leave Act
  • ERISA
  • Wrongful termination
  • Breach of contract
  • Employment agreements
  • Non-compete, confidentiality and trade secret agreements
  • Employment discrimination (gender, race, age, religion, national origin, pregnancy, sexual orientation, and disability)

Although federal law covers many areas of federal law, one should understand that employment laws and related legal proceedings on the issues stated above can vary in different states. Hence the attorney retained must be knowledgeable of the employment laws of the state as well as laws at the federal level. For example, if you live in Connecticut or New Jersey but work in New York, you should undoubtedly approach employment attorneys in NY for guidance.

To head off problems before they arise, employers should consult employment law firms about their employment practices. An employment law firm can also help with devising employee contracts, employment rules, and procedures to handle discrimination and harassment issues.

Information in this post gathered in association with New Orleans maritime lawyers

12Sep/110

Fight for Your Rights in Your Organization

You relocate to New York, a melting pot of all religions and nationalities for your new job. If in spite of doing good work and being the most qualified person, you face daily harassment on the grounds of your religion, you are a victim of discrimination. The Civil Rights Act prohibits workplace discrimination based on religion, national origin, race, color, or sex. In such a situation, you need to consult an experienced NY employment attorney.

If you have taken the matter to HR and you still face issues regarding your safety, you should consult your company handbook to assess the next steps you can take. Although NY employment law states that handbooks need not be provided to the employees, it is always a best practice for companies to do so. The handbooks can contain employee policies and procedures. Of course, not all companies have handbooks.

Bottom line: if you have any legal questions or need help dealing with employment issues in your organization, you need to get in touch with an experienced employment attorney, one who can handle cases related to religious or other types of discrimination in the workplace.

12Sep/110

Employment Litigation in Miami – Basics

Employment laws at the state and federal level were set up to ensure the rights of employees. When a problem arises, an employee should be aware of his or rights. Retaining an attorney with expertise in employment law is often a prudent first step. An initial consultation with an attorney can establish what the employment issues are and what can be done or not done. For any dispute arising between an employer and employee in Miami, both are free to approach a Miami employment lawyer to resolve their differences legally.

In addition to federal laws, the issues addressed by Florida laws concerning employment include:

• Wrongful termination
• Unjust work environment
• Violation of any contract

Employment law cases can be handled in several ways:

• Administrative proceedings
• Mediation
• Arbitration
• Litigation
• Appeals

Most employment law matters are time-sensitive when it comes to filing or giving a counter for defense. Based on the unique conditions of the claim, deadlines are defined and must be observed. Hence it is imperative to retain an experienced employment attorney as soon as possible. Be sure your attorney is fully aware of the employment laws and related statutory limitations in your jurisdiction.