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Employment Law Wrongful Termination
Dec 20th, 2009 by admin

employment law wrongful termination

An employee being sexually harassed discriminated against or wrongfully deprived of overtime pay and seeking recovery thereof, may find the experience puzzling, tiresome and emotionally stressful.

He/She has several options: settle the dispute by mediation or conciliation or bring the matter to the court. In either case, the participation of a lawyer is inevitable.

If this happens in Woodland Hills, the place has several employment law attorneys to whom you can consult or seek legal advice.

Necessity of Employment Law Attorneys

Employment Law is often confusing especially to ordinary employees who have limited knowledge on it. Workers need sound guidance in their plight against powerful and influential employers.

They need legal assistance in all aspects of state and federal employment law issues such as:

• Discrimination
• Sexual Harassment
• Injunctions
• Defamation
• Family Medical Leave and Pregnancy Leave
• Wrongful Termination of Employment
• Retaliation
• Unpaid Wages
• Employee Rights
• Overtime Compensation
• Employment Laws
• Severance Agreements
• Trade Secret Agreements
• Non-Competition Agreements
• Whistleblower Claims
• Administrative Law

Managing Employment Problems

Disputes on employment do not necessarily result to lawsuits. One way of preventing this is by alternate dispute resolution.

Alternate dispute resolution includes a variety of procedures in resolving employment disputes. The parties may decide to utilize arbitration, mediation or conciliation. All of which are reasonable and efficient means to resolve a conflict. In fact, it is widely recommended under the Americans with Disabilities Act to settle disagreements.

Even at this stage, the presence of someone who is knowledgeable with the law is necessary. His/Her absence will not assure you of the best possible bargaining settlement. That is why, it is best to hire an employment attorney.

Intricacies of Employment Law

Employment law is often a frustrating area of law as it covers all areas of the employer-employee relationship. In fact, the existence of such relationship must be alleged and clearly shown.

Mind you, the determination alone of whether an employee-employer relationship exists demands time and effort. Much more with the other intricate area of employment like wrongful termination, whistle blowing, discrimination, workers compensation, harassment, and other unfair practices by the employer.

Of course, the determination of what is the applicable law poses a lot of challenge. Like in many areas in California, particularly in Woodland Hills, many of these issues are administered by applicable federal and state laws that are very complicated.

For instance, federal laws addressing discrimination in the workplace primarily are set forth under Title VII of the Civil Rights Act of 1964 (Title VII).

California’s Fair Employment and Housing Act (FEHA), however, provides greater protection for employees than that provided by Title VII. FEHA also prohibits discrimination based on marital status. Furthermore, Title VII only covers employers who employ 15 or more employees, while FEHA generally applies to employers with only five or more employees.

These laws and their applicability may be too complicated enough for an employee to understand.

Undeniably, hiring a Woodland Hills employment law attorney will definitely make your case easy to navigate. Hence, if you think you have a case to file, act immediately and seek for the right attorney to handle your legal problem.

About the Author:

For credible assistance on your Employment Law concerns, log on to our website and consult our team of expert Woodland Hills attorneys. We also impart free case evaluation for our clients.

Article Source: ArticlesBase.comUnderstanding the Intricacies of Employment Law in Woodland Hills

Employment Law: Wrongful Termination


The Employment Lawyers Group
Aug 17th, 2009 by admin

the employment lawyers group

One of the greatest uncertainties in life is falling sick or being disabled with no money in your pocket, especially if you are self-employed. This uncertainty can be overcome by a health insurance which is a system in which the insurer, usually a private company or government owned company pays the medical expenses of the insured, if the insured falls sick or gets in an accident due to covered causes. In return the insured has to pay a monthly premium to the insurance company.

Self-employed include farmers, contractors and small business owners, freelance writers, lawyers etc. There are some factors that separate self employed health insurance from ordinary health insurance.

Cost – Self-employed health insurance is costlier than the one´s provided through an employer (like a company). This is because in larger groups the cost of insurance gets distributed as compared to smaller groups. This is one of the reason people are reluctant to go for self employment. There are ways and means to reduce this cost which will be detailed subsequently.

Tax Benefit – Fortunately the self-employed health insurance premium is 100% tax deductible.

Reducing Costs – The best way to reduce this cost is to go for family cover in your spouse group insurance through his/her company (that is if your spouse is working). Another way is if you employ between 2 to 50 people, you can go for group insurance.

If you are leaving a corporate job you can opt for COBRA (Consolidated Omnibus Budget Reconciliation Act). COBRA is a law that makes it mandatory for your employer to provide the option of retaining membership in their health insurance plan. However you will have to pay the entire monthly premium part which was paid by your company earlier. You may be surprised at the high cost of the premium which may run up to 500$ a month.

Temporary Health Insurance – If you are planning to remain self employed for a small period of time and plan to join another company later, you can opt for a temporary insurance. This is the cheapest type of health insurance available today. However annually the premium keeps increasing as you grow older.

If you have none of the above ways to reduce insurance cost then the only way is to go for standard individual policy. As mentioned earlier they are usually costly but are very important for insuring the future.

About the Author:

Keith George always writes about valuable news & reviews.
A related resource is
Self-employed Health Insurance

Further information can be found at
Questions & Answers

Article Source: ArticlesBase.comHigh Cost For Health Insurance If You Are Self-employed

Employment Law – Church Law Group – Hiring and Firing with Confidence


Employment Law Attorneys California
Dec 11th, 2008 by admin

employment law attorneys california

Working in California may be a dream-come-true for many. Who would not be? It is one of the world’s progressive states.

However, employment for some can also be a nightmare. Employment cases balloon specifically those cases on wrongful termination.

If you have been fired or terminated from work without just or authorized cause, then you are wrongfully terminated.

A wrongful termination case may appear to be easy and less complicated. Do not be trapped into this idea. On the contrary, it involves intricate provisions of law and processes.

While some cases of termination are actionable, some are not. In short, it depends on the circumstances surrounding the case and applicable federal and state laws.

Wrongful Termination

Wrongful employment termination means severance from work for causes not included by law. It includes termination in violation of or caused by:

• federal and state anti-discrimination laws

• oral and written employment contract

• labor laws

• complaint for sexual harassment

• retaliation for an employee who has filed a complaint or claim against the employer

Laws on wrongful termination vary on every state. The appreciation of the facts and circumstances of each case also differ. Like the laws of California on wrongful termination is different from that of New York or Alaska.

Further, California courts have expanded the above definition to include termination by:

• refusing to do something illegal

• doing something which the California or federal law gives you the right to do

• complaining on work related matters

• complaining to a third party about your employer

• giving reasons that just do not “feel” right

• giving reasons used to “cover up” another reason

Since individual facts and circumstances are considered in termination suits, it is important that an employee keep copies of any appointing letters, employee handbooks or manuals and performance review to substantiate any claim for wrongful termination.

Proving Wrongful Termination Cases in California

Wrongful termination, in California, is often difficult to prove and establish. Unless and until an employee is hired pursuant to a union contract or an individual employment contract, the employer-employee relationship is considered to be “at will.”

Consequently, “at will” employees may be terminated even for unfair, whimsical or capricious grounds. Simply put, they may be fired any time.

However, if termination of “at will” employees is in violation of public policy or due to retaliation or discrimination, then termination is wrongful as they are exceptions provided by law.

An “at will” relationship can be modified either verbally or through custom or practice.

Modifications can be made either by assurances of continued employment or non-compliance with the policy on progressive discipline contained in the employment handbook. Such that, when an “at will” employment has been modified, an employer could be required to establish “good cause” prior to terminating them.

A successful claim of wrongful termination will entitle an employee to any or all of the following:

• Salary

• Fringe Benefits

• Damages for emotional distress or suffering

• Punitive damages, if against public policy

• Right to reinstatement

• Attorney’s fees

For more information on wrongful termination and other related issues, you can seek our experienced employment attorney services. Just log on to our website to avail of our free case analysis.

About the Author:

Jean is a content writer for the web page of one of the prestigious law firms in Los Angeles. She also worked as a legal analyst for a Florida based company and a paralegal to a credit cooperative. She hopes to publish her own book someday.

Article Source: ArticlesBase.comHow to Substantiate a Claim for Wrongful Termination in California

Hayward Employment Law Attorney Harassment Lawyer California


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