In California, as in all other States in the country, there are various aspects of employment law. Attorneys specializing in employment law in California need to have particular skills, considerable length of experience and professional education in order to handle competently these diversified matters in employment conditions and legal cases.
•Employment Discrimination Litigation – involves the following issues:
-racial discrimination
-sexual discrimination
-age discrimination
-discrimination based on country of origin
-discrimination based on religious belief
-sexual preference discrimination
-discrimination based on disability (American with Disabilities Act or ADA)
•Sexual Harassment Claims – here are the issues that may be involved in this type of case:
What can be construed as sexual harassment in the workplace?
-unwelcome sexual advances
-sexual intimations
-inappropriate comments that directly or indirectly refer to sex
What can be the broader aspect employment harassment aside from sexual harassment?
-racial harassment
-age harassment
-harassment based on the country of origin
-harassment based on religious preference or belief
-harassment based on sexual preference
-harassment on disabled or handicapped individuals
•Wrongful Discharge/Termination Litigation – here are the fundamental principles concerning wrongful termination:
-An employee cannot be terminated based on his/her race, age, sex, origin and other legally protected classes.
-An employee cannot be fired as retaliation for his/her claiming workers' compensation, applying for leave under the FMLA, and taking advantage of benefits provided by the company.
-An employee cannot be fired on the grounds of whistle blowing, filing a Qui Tam claim or reporting any suspicious harmful or illegal activity going on in the company to necessary authorities, reporting instances of alleged sexual harassment and filing claims for employment discrimination.
•Drafting, reviewing, negotiating, and litigating of Employment Agreements/Contracts, Employee handbooks and other materials to guide employer and employee in dealing with employment issues and claims and litigations.
-Disputes on Employment contract – breach of employment agreement or contract, breach of termination or separation agreement, misappropriation of business trade secrets or any other company proprietary information and other actions concerning breach of contract.
-Proprietary rights and development of business' intellectual property – specifications concerning the company' intellectual property concerns and other "work for hire" specifications to protect copyrights, patent rights and other issues involving intellectual property
•Avoiding any type of Employment Litigation – business can be assisted in minimizing the threats of employment litigation arising in the workplace.
Employment Law In California
A Shropshire Employment Law Specialist in the UK, warns that this case was a timely reminder for employers that they must take stress seriously!
?The woman had repeatedly told her employer about the amount of work she was struggling with, and she claimed they did nothing to help her tackle the issue.?
The High Court ruled that the demands made on her were totally unreasonable, and if action had been taken, her breakdown could probably have been avoided. The employer in the case had referred the woman to a stress counsellor, but at no stage was anyone brought in to share her workload.
?Simply offering stress counsellings is not a long-term solution ? if the root of the problem is the amount of work an employee is facing, the management team have to tackle the problem directly. As an employer, you are ultimately responsible for the welfare of your staff, and it's vital that you take their concerns seriously.
?Although access to stress counselors and medical advice is a supportive step in the right direction, it's not the answer to the problem as a whole.
?Many employees feel under pressure, particularly when a company is working to meet tough deadlines, but it's the employer's responsibility to ensure their health does not suffer as a direct consequence of striving for business success.?
The scope and complexity of employment law has developed dramatically in recent years. There seems to be a new development every month and as a result, keeping abreast of the rights and obligations of both employers and employees can be an ongoing concern. Stress in the workplace is a serious matter and should be a taken seriously by all UK employers.
Always seek professional legal advice form a specialist employment solicitor if in any doubt of employee and employer rights.
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Both Lala C. Ballatan & John Mehtam are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Lala C. Ballatan has sinced written about articles on various topics from Legal Matters, Mortgage and Car Accidents. Know more about the various important issues of the with the help of. Lala C. Ballatan's top article generates over 301000 views. to your Favourites.
John Mehtam has sinced written about articles on various topics from Employment Law, Personal Finance and Legal Matters. John Mehtam heads the employment law team at Martin Kaye Solicitors. John runs numerous presentations on this specialist subject & provides. John Mehtam's top article generates over 60500 views. to your Favourites.
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