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Archive for the ‘Employment Law’ Category

Following in the civil law, there are cases that have to do with the physical property of a good side and the intellectual property of another. Within the first, we find everything that relates to mortgages and undivided common housing or entering into the prenuptial agreement mentioned, so that has to do with condominiums and the rights and duties of the landlord, and finally with expropriation trials. Within the assistance that lawyers and law may provide for the second case, we find that for the defense of intellectual property can have our service professionals in cases of rights violated copyright, trademark and patent registration business and national or international level and all that means the violation of trade secrets between firms.

For what it is the individual right of the people and always within the civil law, we can find advocacy of attorneys and law in matters as important today as consumer rights by whatever is defective, against the crimes of fraud or commercial scam or individual and the rights to credit for consumers. Also for the right job are lawyers and laws that defend us and among the cases that can occur are those of harassment in the workplace either sexual or not, cases of discrimination in the same area because of age, sex, nationality or race, and finally cases of unpaid wages or overtime basis are day or night. Finally, we can not forget the issues of law and laws in the field of health, customer support on issues of professional negligence of doctors or other health professionals for prescription drugs and even considered dangerous because of accidents and or labor-traffic.

Whether you are an employer seeking protection from liability or an employee seeking rights and fair treatment, understanding employment law is essential.

Thanks to the Internet, the labor laws of all 50 states are easily available. You need not be a lawyer to read these statutes. The best way to comprehend labor laws is to break them down to their basics.

Each part of employment law has a purpose. Understand the purpose, and the law becomes clearer. Ultimately, the point of all labor law is to protect all parties from arbitrary action that harms others in a significant way.

Employers and Employees
Employers and employees have both obligations and rights. Many states, such as Alabama, are “at will” states, which means that hiring and firing are done at the will of the employer.

All the employee needs to do is either agree or disagree with the terms the employer offers. There are broad legal guidelines in “at will” states concerning what a contract cannot demand. These are usually common-sense issues that are easy to grasp.

In “at will” states, the central issue is to study and comprehend the nature of the employment contract. The purpose of employment law is to then lay out what is expected, minimally, from employers and employees.

Discrimination
No employer can discriminate based on race or gender. This is the case in all 50 states. No employer can ask about these things in an interview. They can only be discussed if the employee brings them up.

A huge amount of employment law is based on the protection of employees from arbitrary behavior by bosses. If employment law can be boiled down to a single sentence, this is it.

The concept of “good cause,” usually spelled out in the employment contract (most larger employers have an employee handbook that lays this out), should be noted by anyone who is interested in comprehending employment law.

Things that significantly impact an employee cannot be done without “good cause.” What these are vary by state, and even more by the private contract of employment itself (within legal boundaries). Read the rest of this entry »

Unlawful termination usually means an excessive discharge of an employee. There are certain exemptions to unfair employment discharge. Improper termination may also be referred to as illicit discharge or unfair dismissal, unfair dismissal, unlawful dismissal, discharge or termination.

In a legal sense, if an employer unlawfully discharges an employee, the act constitutes unfair dismissal. If emissions are not unjust or illegal, because it is not unfair dismissal, at least in a legal sense, no matter how unfair it may seem. There are a variety of federal laws, and not a federal “unfair dismissal law” per se. These are collectively referred to as illegal federal laws or regulations and unlawful discharge if the employer violate those laws by discharging employees, in the case of unfair dismissal. Read the rest of this entry »