Tag Archives: Employment Laws

Employment Lawyer To Protect Employee Rights

The area of law that covers all aspects of employer and employee relationships except the negotiation process, covered by labor law and collective bargaining are included in employment law. Most employment laws were established to protect the rights of employees.

An Employment attorney in Los Angeles would be responsible for analyzing proposed and established legislation, preparing legal documents, and reviewing company policies. They can also advise management on legal matters and ensures compliance to protect companies against legal liability.

The development of employment law demonstrates the importance of the work relationship. Since the employees have acquired more legal rights as federal and state governments have enacted laws that give them the power and authority:

– To unionize,

– To engage in Collective Bargaining, and

– To be protected from discrimination based on race, gender, or disability.

If you feel unsatisfied with your job or feel uncomfortable in the workplace then speak to a Los Angeles employment attorney who can help you navigate complex Employment Laws. The laws provide compensation while a worker is physically unable to work (i.e., Temporary disability), provide retraining if the employee can no longer perform the same job, and provide compensation indefinitely if the worker has been severely injured (i.e., Total disability).

There are certain issues under employment law, where you need to take the advice of an expert and well experienced lawyer. Some include:

Rights against Workplace Discrimination & Harassment:

Fighting Sexual Harassment – It shall be the duty of the employer or other responsible persons in workplaces or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts, of sexual harassment by taking all steps required.

Workplace Retaliation:

Employers cannot punish employees for making discrimination or harassment complaints or participating in workplace investigations. And punishment doesn’t just mean firing or demotion: It can include other negative employment actions, from being denied a raise or transfer to a more desirable position to missing out on training or mentoring opportunities.

Wrongful Termination:

If you’ve been fired from your job, how do you know if the termination was legal or illegal which is called “wrongful termination”.

Written Promises:

If you have a written contract or other statement that promises you job security, you have a strong argument that you are not an at-will employee. You may have an employment contract stating that you can only be fired with good cause or for reasons stated in the contract. Or, you may have an offer letter or other written document that makes promises about your continued employment. If so, you might be able to enforce those promises in court.

Implied Promises:

An agreement based on things your employer said and did — is another exception to the at-will rule. This can be difficult to prove because most employers are very careful not to make promises of continued employment. In deciding whether an implied employment contract exists, courts look at a number of things, including:

– duration of your employment

– regularity of job promotions

– history of positive performance reviews

– whether promises of long-term employment were made when you were hired.

Violations of Public Policy:

Before a wrongful termination claim based on a violation of public policy will be allowed, most courts require that there be some specific law setting out the policy. This includes firing an employee for:

– disclosing a company practice of refusing to pay employees their earned commissions and accrued vacation pay.

– Taking time off work to vote.

– Notifying authorities about some wrongdoing harmful to the public (whistle-blowing).

In sum, employers should be aware of the wrongful termination of an employee. If the employer does not consult an advisor, they may find out the hard way that they should have been careful about the employee employer relationship to begin with.