Do you think you may need a Phoenix civil rights attorney? Are you being harassed at work? Have you complained repeatedly, and are still not being taken seriously?

Harassment is a very real problem that many people suffer from-usually at work. A person who is harassed because of their gender, race, religious beliefs, sexual orientation, etc. may have tried bringing the problem up with a supervisor, but do not see any change in the behavior of the harasser(s). Unfortunately, this is a catch 22 situation, as quitting could cause serious financial hardship in the current economy, yet staying will result in endless upset for the victim, or even being fired for “complaining” excessively.

If you’re a victim of a similar circumstance, any Phoenix attorney would tell you that you may not be fired legally for complaining about poor work conditions. Harassment on the job is without a doubt a poor work condition.

If you are expecting a new baby and being told that you may not take time off from your job in order to bond with your infant, without being fired, you should know your rights. The FMLA, or family medical leave act ensures this right for you as an American citizen. Anyone who tells you differently is either ill informed or lying. This is against the law, and a Phoenix attorney can help.

Perhaps you have developed an illness which requires you to take frequent and unforeseen time off of work due to treatments, recovery, or a similar health reason; but your employer becomes annoyed and threatens to fire you if you continue to miss work. This, too, is a violation of your civil rights, as stated in the Americans with Disabilities Act. A Phoenix civil rights case may be justified if you have or are in this type of situation at your workplace.

If you believe that you have been or are currently going through a similar situation as one of the above mentioned cases, you should know that your rights need to be defended. Speak to a Phoenix attorney as soon as you can to find out how you can correct the situation.

A Phoenix civil rights case is the best way to not only ensure your own freedoms, but to pave the way for others as well.

Author: Bella Holly
Article Source: EzineArticles.com
Low-volume PCB maker

Commonly, when you start an employment with a company, you are oriented of your job description, responsibilities and the employees’ code of conduct. The code of conduct or usually known as employee rules and regulations guides employees on the things they need to do in order to be considered worthy of prolonging their employment and receiving promotions and incentives.

On the other hand, it also shows the employees the things they are forbidden to do which opposes the overall goals and objectives of the company. The rules also impose warnings and punishments for those who may be caught violating the rules and regulations. Sometimes gross violations may even lead to termination of employment.

However, if your employment has been terminated on unknown grounds, it would constitute wrongful termination. Generally, being wrongfully terminated means that you have been discharged from your employment for unjust reasons.

Still not every unjust or unfair discharge of an employment constitutes wrongful termination. Though this is the most widely used term, other terms referring to unfair or unjust employment discharge are the following:

- wrongful firing

- wrongful discharge

- wrongful dismissal

- illegal termination

- illegal dismissal

- illegal discharge

These alternate terms connote that an employer must have discharged an employee, illegally, so that such act would constitute wrongful termination. This is connotations is based at the very least on the legal implications of such terms.

If you, as employee, believed that your termination seem unfair, however, in the legal sense, the employer’s discharge of your employment cannot be classified as illegal, then the act cannot be considered as wrongful termination.

It is helpful for an employee to be aware of the laws involving wrongful termination. Though knowing and understanding the laws would not prevent you from being wrongfully terminated from an employment, your knowledge will lead you to the ways of fighting against this unjust and illegal treatment and stop abusive employers from practicing such against others.

There is no federal law, which concerns only the subject of wrongful termination. However, a variety of federal laws exists that prevents employers from illegally dismissing/terminating or discharging their employees.

Wrongful termination may be wrongful if:

- it violated the Federal or state’s discrimination law

- it violated the rights indicated in the “First Amendment to the U.S. Constitution”

- the act itself violated the discharge policy being enforced by the employer

- led to a breach of implied or explicit contract of employment and/or a collective bargaining agreement between the employer and union

- led to infringement of the “covenant of good faith and fair dealing”

- employee is not willing to break a rule or law

- disguised in a false statement of facts

- due to employees’ jury duty

Furthermore, it might be considered wrongful termination if the employer discharged an employee as retaliation for the following:

- lawful exercise of employee rights based on the appropriate labor and employment laws

- lawful exercise of union rights

- taking legitimate leave under the FMLA or Family and Medical Leave Act

- served time in the country’s military reserve

- whistle blowing

Based on several significant provisions in wrongful termination laws, victims can seek relief and damages by filing certain complaints with the respective government agency enforcing the laws that had been violated. Victims can also file private lawsuits against their employees or even both of these legal actions.

Keep in mind that knowing your rights and learning what you can do about any violation of it is empowering enough for employees.

For more information about the legal implications and actions about wrongful termination consult with Wrongful Termination Law Attorneys

Author: Carla C. Ballatan
Article Source: EzineArticles.com
Anti-angiogenic Food

Over the years, one of the most important factors candidates cited in searching for employment was benefits. Surprisingly this was second to salary. Considering the high cost of healthcare and prescriptions, benefits have played a vital role in the way people look for jobs. Unfortunately, in recent years, we have seen a decline in the benefits being offered. Companies are finding it difficult to keep pace with the rising costs of insurance and other employee benefits, forcing them to either reduce or eliminate their offering.

Many believe that employees are entitled to benefits, feeling it is the company’s responsibility to offer some level of support. Others believe that employee benefits are a privilege not a right. For this group, they believe that any offering is better than nothing at all. Adding further fuel to this hotbed issue – the number one reason that people file for bankruptcy is medical bills. So, what is the truth about employee benefits – is it a right or a privilege?

Let’s begin by addressing the many inaccuracies and misconceptions relating to employee benefits. Myth: For Only large companies are required by law to provide benefits. Truth: The truth is that while some benefits are mandated, the majority are not. Standard benefits such as healthcare, holiday pay, and vacation are routinely offered by companies of all sizes as part of a benefits package. While most companies do offer some or many of these benefits, from a legal standpoint, these “benefits” are not actually governed by the law.

In a competitive marketplace, employee benefits can be the deciding factor for many candidates. Organizations offer these benefits in order to attract and retain high quality employees. Business owners know that providing perks to employees is a worthwhile investment to attract a higher caliber of employee. Therefore, while the company has to spend significant money to provide this type of coverage, they do so as an investment to growing business, and attracting and retaining a talented workforce not because they are required to do so. Today’s world is highly competitive. Individuals who have graduated with a BA or even MBA usually only work for top companies. This means that for small to medium size organizations to compete they have to find creative ways to make the opportunities more appealing.

Another misconception is that people are entitled to time off for vacation. Again, this is something offered, not mandated by law, as most people believe. Now, when it comes to receiving vacation time, if it is provided by the employer, it must be treated in the same way as wages, being earned daily, which is law. The other factors protecting the employee from accrued vacation is that once it is earned, the company cannot renege by taking it back and if the employee leaves the company, regardless of termination or voluntary leave, he or she must be paid earned income.

The examples listed below will provide you with an idea of what is the employee’s right versus privilege:

o Any company with a minimum of one employee is required to provide unemployment insurance, which is covered 100%, meaning the employee pays nothing.

o Workmen’s Compensation – This too must be provided for any company with one employee to include disability income, medical benefits, and time off, paid for by the company at 100%.

o Pregnancy Disability Leave – For companies with a minimum of five employees, reasonable accommodation must be provided, typically between four and eight weeks.

o Vacation – This benefit is not required under current law although any vacation must be accrued and paid out to the employee upon separation from the company.

o Sick Pay – Again, by law, this is not required. However, under the Federal Medical Leave Act (FMLA), employees under certain circumstances would be provided time off (up to 12 work weeks within a 12 month period) without pay while the current job is protected. FMLA would cover issues pertaining to death in the family, medical leave, adoption and serious health issues of immediate family members.

o Holiday Pay – This too is at the discretion of the company and not mandated.

o Pension and Retirement – While this would not be mandatory, any coverage provided would need to follow strict ERISA regulations and tax laws.

o Healthcare Insurance – Finally, health insurance is not required by law. However, when coverage is offered, it would fall under the direction of COBRA, Cal-COBRA, and HIPPA regulations.

As you can see, most employee benefits are in fact a privilege and not a right. While job seekers and employees might deem it unfair or even immoral, it is what the law currently states. Having an understanding of the law, enables you to tailor and market your employee benefits package appropriately highlighting the perks that your company can offer.

Richard A. Hall is founder and President/CEO of LexTech, Inc., a legal information consulting company. Mr. Hall has a unique breadth of experience which has enabled him to meld technology and sophisticated statistical analysis to produce a technology driven analytical model of the practice of law. As a busy civil trial attorney, he was responsible for the design and implementation of a LAN based litigation database and fully automated document production system for a mid-sized civil defense firm. He developed a task based billing model built on extensive statistical analysis of hundreds of litigated civil matters. In 1994, Mr. Hall invented linguistic modeling software which automatically reads, applies budget codes, budget codes and analyzes legal bill content. He also served as California Director and lecturer for a nationwide bar review. Mr. Hall continues to practice law and perform pro bono services for several Northern California judicial districts.

Author: Richard Hall
Article Source: EzineArticles.com
Pressure cooker

Prior to 1993, their employees had little leverage when it came to keeping their jobs after suffering serious illness, taking care of a seriously ill loved one or after a birth or adoption or foster care. A sudden illness meant that you were not only severely sick and likely racking up countless medical bills, but also in great threat of losing your job. Your job was also likely the only thing that could allow you to pay for those medical bills. Once you were fired from your job because of your inability to go to work, you would also lose any medical coverage you had through your job. As a result, you were left sick without any form of insurance to back you up. Because of this, medical bankruptcy was most likely going to happen to anyone in this unlucky position.

But in 1993, President Bill Clinton signed the Family Medical Leave Act. The FMLA is a labor law which requires larger employers to prove employees with job protected unpaid leave if an employee becomes sick and is unable to perform his or her job. It also allowed for individuals to have job protected leave in order to take care of a sick family member or new child. The law includes protection for new children by birth, adoption or fostering.

Requirements in order to qualify for the Family Medical Leave Act

Not everyone automatically qualifies for FMLA. There are a number of stipulations one must first pass in order to receive FMLA protection. These requirements include:

The business must employee at least 50 or more employees within a 75 mile radius of the worksite – this includes public agencies including schools and state, local and federal agencies.
The employee must have worked at the business for at least 12 months and 1,250 hours within the last 12 months.

The Family Medical Leave Act does have stipulations. It can only allow for unpaid, job protected leave for up to 12 weeks a year and extensive paper work must be filed and sent or given in person to a government agency in order to qualify.

The FMLA just may be the government protection you need in order to keep your job in the middle of a tragic situation.

To find out more about the FMLA, visit the website of the Iowa personal injury attorneys of LaMarca & Landry, P.C.

Joseph Devine

Author: Joseph Devine
Article Source: EzineArticles.com
Canadian-US cross border flight

Prior to 1993, their employees had little leverage when it came to keeping their jobs after suffering serious illness, taking care of a seriously ill loved one or after a birth or adoption or foster care. A sudden illness meant that you were not only severely sick and likely racking up countless medical bills, but also in great threat of losing your job. Your job was also likely the only thing that could allow you to pay for those medical bills. Once you were fired from your job because of your inability to go to work, you would also lose any medical coverage you had through your job. As a result, you were left sick without any form of insurance to back you up. Because of this, medical bankruptcy was most likely going to happen to anyone in this unlucky position.

But in 1993, President Bill Clinton signed the Family Medical Leave Act. The FMLA is a labor law which requires larger employers to prove employees with job protected unpaid leave if an employee becomes sick and is unable to perform his or her job. It also allowed for individuals to have job protected leave in order to take care of a sick family member or new child. The law includes protection for new children by birth, adoption or fostering.

Requirements in order to qualify for the Family Medical Leave Act

Not everyone automatically qualifies for FMLA. There are a number of stipulations one must first pass in order to receive FMLA protection. These requirements include:

The business must employee at least 50 or more employees within a 75 mile radius of the worksite – this includes public agencies including schools and state, local and federal agencies.
The employee must have worked at the business for at least 12 months and 1,250 hours within the last 12 months.

The Family Medical Leave Act does have stipulations. It can only allow for unpaid, job protected leave for up to 12 weeks a year and extensive paper work must be filed and sent or given in person to a government agency in order to qualify.

The FMLA just may be the government protection you need in order to keep your job in the middle of a tragic situation.

To find out more about the FMLA, visit the website of the Iowa personal injury attorneys of LaMarca & Landry, P.C.

Joseph Devine

Author: Joseph Devine
Article Source: EzineArticles.com
How Electric Pressure Cookers Work

One of the most common areas of dispute between employers and employees is the Family and Medical Leave Act (FMLA). When employers disregard or retaliate against the rights of their employees to take paid time off through this law, legal action may need to be taken. Unfortunately, many employees do not fully understand what this law provides them, and if their rights are actually being violated. The purpose of this article is to answer some of the most common questions about the Family & Medical Leave Act, so employees will be able to better understand their rights in the workplace.

Q.) What is FMLA?

A.) FMLA is a federal law that allows specific employees to take 12 weeks of paid in a 12 month period for various family or medical related reasons. The law lays out specific instances in which the employee may take this paid leave, including: to care for the birth or adoption of a child, care for a spouse, child or parent with a serious health condition, and to get better themselves when they have a serious health condition.

Q.) Which employees are allowed to take off time because of FMLA?

A.) Not all employees are covered by FMLA. In order to be eligible to take time off, an employee has to have worked at least 1,250 hours for the employer over the previous 12 months. If there is any dispute regarding the number of hours worked, the burden of proof rests on the employer. Different rules apply for public school teachers; if they do not hit the required number of hours, FMLA still covers them.

Q.) Does FMLA apply to employees in all companies?

A.) No. The only companies that are required to abide by the Family & Medical Leave Act are those with more than 50 employees within 75 miles of where you work. This means that if you work for a small business with few employees, you are not covered by this law. There is an exception to this rule, however, if you work for a public agency. Even government workplaces with fewer than 50 employees must give their employees the benefits of FMLA if they qualify.

Q.) What happens if I am on FMLA and the company I work for falls below 50 employees?

A.) Once you are granted leave under FMLA, it cannot be taken away from you even if the company you work for falls under 50 employees during that time.

Q.) Will I still get my normal benefits if I take leave using the FMLA?

A.) Yes. Any benefits that would normally be due to you must continue to be granted if you take time off for the Family & Medical Leave Act. It is also important to note that the law explicitly states that you have the right to maintain the position (or one equal to it) as well as the same pay and benefits once you return to work.

Q.) My spouse and I work at the same company. Can we both get 12 weeks off for the birth of our child?

A.) No. The parents of a newborn child cannot each take off 12 weeks for the birth of a new child if they work for the same company.

If you have been denied FMLA leave, or have been retaliated against for taking it by your employer, you should speak with an experienced employment attorney as soon as possible. You are guaranteed these rights under the law, and should seek legal advice if your employer is breaking the law.

Jason Epstein is a partner with employment attorney Darryl Parker at the Seattle and Bellevue based employment and personal injury law firm Premier Law Group. As a Washington employment attorney, Seattle labor lawyer, and Bellevue employment lawyer, Darryl has fought for the rights of employees for over 20 years.

Author: Jason G Epstein
Article Source: EzineArticles.com
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