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Posts Tagged ‘employment’

People may consider that sexual aggravation in the workplace is a thing of the ancient times, nonetheless it still be at present

Saturday, December 31st, 2011

Any successful victims of sexual victimization at work are eligible to recover a loss of salary should they've been suspended. If they have been fired and it can be proved that the primary reason was sexual discrimination as the worker turned down the offer of sex for advancement, then a talented lawyer may also be well placed to sue for any future loss of salary that they might have and indeed should have earned.

A lawyer can also claim damages on behalf of their customer for any stress and stress caused due to the event or situations and can further look at punitive damages which are filed at once against the defendant. As you can see, this will prove a very costly exercise for the accused and one from which they may not financially recover. The law takes this sort of discrimination very seriously and the monetary damages that can be awarded could be mirrored in this.

So can an individual who accepts an invite of sex still sue?

Probably the answer that almost everybody would give is “of course not, she consented!” However a bunch of wrongful termination attorneys based in California suggest that even if the accuser accepted the invitation of sex for personal gain, there is still a chance that they can sue for a ‘quid pro quo ‘ claim.

The state looks on it as either the victim deserved promotion or they did not, and they really shouldn't have been put in the position of having to sell their body to get it. The difficulty that a team of attorneys will have is being able to prove that the sex was not entirely consensual and this is the difficult part.

If you should happen to feel that you've been wrongfully terminated due to sexual persecution or gender discrimination then you shouldn't have to suffer in silence. It's good to grasp that there's a team of California wrongful termination lawyers who are standing by to take your call.

Agitated by the hostile work environment? Others may think that sexual harassment doesn't exists in today workplace but with the amount of cases sexual harassment attorneys handle it shows that there are unfair acts within your workplace. Read on BetsieVides pertaining to this matter.


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Slip And Fall Accidents Rank High In The Workplace

Friday, June 17th, 2011

Accidents, by their very nature, are unplanned. Yet, every year thousands of people have slip and fall accidents at work or at home. Accident, such as these, are often not reported, thus, there are long lasting effects on the individuals who have them.

The number one place for incidents to happen is at work. Most of the time, the cause for the incident is simple lack of attention. Every business must clean its floors. Thus, when the staff do their floors, they are required to put up safety signs, Unfortunately, when employees walk past they do not notice the signs. Before they know it, they are on the floor.

Once the individual in on their back, their instinct is to get up and pretend that nothing happened. It is embarrassing to have something like that witnessed, but it is extremely important that an incident report is filed. Documentation is needed to support the incident occurring. Even if pain is not immediate, it may come later. Without the paperwork, there is no way to prove that the incident happened.

A swimming pool is another location that frequently has incidents. Even though there are always signs posted that inform members of the slick area around the pool, every year there are problems. Even individuals who abide by all of the safety precautions can find themselves flat on the ground. Public swimming pools should have official paperwork that must be filled out, as well. Sometimes injuries may require medical attention immediately. If this is the case, stay calm and give the staff all of the information regarding what happened.

Slip and fall accidents are most common on stairs. Stairwells are dangerous simply because of their purpose. Outside stair cases are more likely to have problems due to weather such as ice, snow, and rain. The handrails are on stairs to try and add additional security, however, incidents still happen.

In the rain, stairs become quite slippery. Most outdoor stairs have grip strips on the tread, but even so, a person can still slide right off. Most problems happen when a person is descending the stairs. Either a step is missed entirely, or their foot slides off the edge. The scariest incident is going head first down the steps. However, landing on the tailbone or back can be even more painful.

There can be a great deal of pain associated with slip and fall accidents. Rarely are there broken bones, but nerve damage and compressed discs can be extremely painful. Landing on one’s head gives cause to different concerns such as swelling of the brain, hairline fractures, or contusions. If there appear to be no immediate consequences, stay alert to any changes.

Since slip and fall accidents are listed among the top in numbers, it is important to be aware of the environment when walking. No one purposely has an incident, but how it is handled afterward can be the difference between proper medical attention and living with symptoms that could have been treated.

A slip and fall lawyer can you help get the compensation you deserve. Don’t settle with any lawyer, be sure to hire Toronto’s most successful slip and fall lawyer Toronto to handle your case.


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How To Make A Living Out Of Professional Window Cleaning

Saturday, July 31st, 2010

People often ask how to make a living out of professional window cleaning but before you need to know a little about the job and what it entails.

There are many good advantages to becoming a window cleaner, you get to be your own boss and choose your very own schedule of flexible working hours, choosing exactly when you want to work and where you want to work and you also will be working outside breathing in the fresh air.

It’s not all positives and like any job there are elements that are not so good, the weather can be miserable and you could be cold and wet on certain days but these aren’t everyday so the positives will really outweigh any negatives.

If you want to become a successful window cleaner then you firstly need to ask yourself some questions; what level of fitness are you? Can you motivate yourself? Do you enjoy working outside? Have you got good communication skills to talk to your customers? Can you drive?

You’ll select the areas that you want to target your services carefully, pick areas that there are a lot of house quite close to each other, this will speed you up going from house to house. Put together an information sheet about you and the services you provide and put them through doors or knock and introduce yourself to potential customers.

You need to know how much to charge for the cleaning of windows. Remember to think about all of the costs you incur like cleaning materials, car transport and insurance if you’ve had to get it. It’s good to know that for this industry you’ll find that starting up is inexpensive and your overheads are low, which means that your risks are minimal.

If you see long ladders and are scared of heights, this doesn’t mean you can’t be a window cleaner as there are different ways of reaching high up windows these days. You can use a system that’s on a long pole so you don’t have to climb ladders at all, a little bit of practice and you’ll soon get the hang of it.

Customer recommendations are really important for your new business so actively encourage any customers who are happy with your services to tell their family, friends and neighbours about you.

It won’t take long to establish a very good round of houses and content clients and before you know it you will be a reliable expert and will be in a position to tell others how to make a living out of professional window cleaning.

Looking to make a living out of professional window cleaning ? Get the inside scoop on how to start your very own window cleaning services with our window cleaners guide.


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Window Cleaning Secrets Of The Trade Will Create An Expert Quality Outcome

Friday, July 23rd, 2010

When it comes to window cleaning secrets of the trade, the first and most important thing that people must remember is organization. Being organized is absolutely imperative if a job is to be done quickly and properly. Always make sure the most frequently used items are in supply and in easily accessible locations.

Some basic supplies which will be needed include spray bottles, scrapers, a long handled squeegee and sponge, paper towels, and cleaning fluids. It is important to keep a regular inventory of these items, in order to avoid running short, or running out. Time wasted running to purchase these items at the last minute will amount to money lost on a job.

A professional attitude and look will certainly go far in promoting a window cleaning business. Uniforms are a big part of this professional look. All employees are representatives of a company, and frequently may be the only representative that a customer will meet. A positive first impression and experience is imperative to creating a stable customer base. Jeans and t-shirts should be eliminated from a company dress code, in order to be taken seriously by potential customers. Business card are also a very affordable way to get the business noticed by potential clients.

Washing windows consists of more than simply spraying the glass and wiping it. This is why people employee the services of professionals to do the job. A properly completed job includes scraping, washing of the window itself as well as the glass, and frequently more than one washing.

While the window is still dry any loose or chipping paint should be gently scraped. Next, any sticky labels, decals, or resistant grime will have warm water mixed with a mild detergent spot applied. Each window will have this done in order to soften the area before the glass is completely cleaned. This will allow the time that may be needed for especially difficult areas. The area will then be gently scraped in order to avoid damaging the glass.

The entire window will be washed next. This will include all wooden, plastic, metal, and glass parts of the window. This will ensure that not only the glass, but the whole window will be properly cleaned. Each will have the opportunity to dry while moving on to the next, with the first being ready for glass cleaning by the time the last one is left to dry. This is the best way to do a great job, while making the best use of time.

Many people believe that harsh chemicals are necessary for getting things truly clean. This is not true, and in fact can lead to damaged, scratched glass. Many companies today use more natural products, such as vinegar and water solutions. This will leave windows sparkling clean and smelling fresh, while also protecting people and their environment from unnatural ingredients.

Having nice clean windows can make a whole house look better. Window Cleaning Secrets Of The Trade will create a professional looking and truly clean window.

Tired of searching for the best window cleaning services in the city? Well, we got the company that can help you with your number one window cleaning service in London. We provide a perfect customer satisfaction and do a good job on your windows.


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What Type Of Insurance Policy Should A Window Cleaning Company Have And Be Fully Covered

Monday, July 19th, 2010

What type of insurance policy should a window cleaning company have will be one of the questions you will have if you are considering opening your own business. This is smart of you and starting out on the right foot is always good. Get information about insurance and be safe when it comes to running your business.

If you are serious enough about getting into business to get insurance do it right and ensure you have a business license. Many people who hire you will want to see proof of your license and insurance. This will also let you take checks from clients in your business name and pay taxes appropriately.

Having basic liability for your business is good. But in a window cleaning service there are special circumstances that will need to be taken into consideration such as third person liability coverage. You can also look into the needs you may have when it comes to special equipment.

If you want to get quotes from agents that is a good thing. Look for one that knows about the window cleaning business. This will ensure you get the proper coverage you need. If you go to someone who does not specialize in it then you may end up paying more than you need from your agent’s lack of information about this specific field of work.

There are several insurance brokers to choose from in the area of a window cleaning business. You can get more than one quote just like you would for any other type of insurance. From there you can get the best quote for your needs. You may be a basic washer or you may do skyscrapers. The insurance needs will be different and cost different for both categories.

Do not ignore the importance of having insurance when you are window cleaning. It may seem like a safe job when you are on the ground but you are always running the risk of possible windows breaking and other issues that can cause a lot of out of pocket money if you do not have the insurance to cover it.

In urgent need of a top notch window cleaning service ? Check out our online guide to north london window cleaners for the inside skinny!


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If I Have A Criminal Record, Can I Still Become A Lawyer

Sunday, March 21st, 2010

The high salaries and big time careers of law attract many applicants. The process to become a solicitor or barrister is rather complicated and extremely competitive. You first need to get good enough grades at school to study a Law degree, a four year course, then a further year in a Legal Practice Course (LPC) before finally obtaining and undertaking two years in a ‘training contract’ at a legal organisation which is no guarantee. The nature of legal education and recruitment is elitist and before you waste any time you should consider if you are definitely good enough.

The best legal jobs go to those who had the best a-levels in order to get into the best universities; they will have performed at the top of their class and taken on plenty of extra curricular activities. Legal recruiters are looking for the cream of the crop and being ‘perfect’ will help your chances. So will a criminal record stop you becoming a lawyer?

A criminal record can harm your chances of getting any job, depending on the severity so you could assume that the legal profession was no different. And you would be right! It can be difficult enough to get into university with a criminal record, let alone get a job so what do you need to do?

The answer is fairly simple, honesty! If you are up front and honest about your entire criminal record from the start it will help your chances, if you can prove you have changed and become a better person by providing evidence of personal development and possibly some authoritative character references might help too.

When in doubt, a university will do a background check and if you were lying all along, you will get you banned from all higher education applications. Employers are going to do a background check anyway so If you lie and when they discover you weren’t being honest, you’ll have no chance of getting a job.

As mentioned, it does depend on the severity of your offence(s) so don’t expect to become a lawyer if you did 25 years for murder. If you committed small offences/misdemeanours and served a small sentence you stand a much better chance, especially if it has been a long time since your offence. Many young offenders’ institutes actively encourage education and will help you pursue a career in Law if you wish. You may also find that ‘knowledge’ of the legal system can put you in a position to provide niche experience to a legal profession.

In any circumstance you need to put everything out in the open from the very beginning and be prepared for uncomfortable character judgements every now and again. The simple answer is that if you can’t get in with your history, maybe Law is not the profession for you.

If you are looking for helpful legal recruitment then talk to Saccomann recruiters who recruit for the best lawyer’s jobs


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State Laws and Employer I-9 Employment Verification Responsibilities

Thursday, December 10th, 2009

E-Verify is an Internet-based system operated by Department of Homeland Security (DHS/U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). E-Verify is currently free to employers and is available in all 50 states. E-Verify provides an automated link to federal databases to help employers determine employment eligibility or work authorization


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What is the Definition of a Seaman Under the Jones Act

Sunday, October 25th, 2009

A federal statute known as the Jones Act allows employees to file negligence-based lawsuits against their maritime employers. However, in order to qualify under the Jones Act an injured maritime employee must meet the definition of a “seaman”. The technical definition of a seaman states that the employee will be “more or less permanently assigned to a vessel or fleet of vessels in navigation.” Each of the three main elements of this definition must be met in order for an injured maritime worker to qualify as a seaman under the Jones Act.

The first requirement that the individual be “more or less” permanently assigned to a vessel is usually interpreted as requiring the individual to work at least 30 percent or more of his time aboard a vessel or vessels. Several cases have held that as long as the employee meets the “30 percent rule” he will satisfy the permanency requirement of the seaman definition.

The second requirement of the definition of a seaman under the Jones Act states that the maritime worker must be assigned to a “vessel or fleet of vessels”. Many structures including several that are not Coast Guard inspected will qualify as vessels under the Jones Act. In addition to the traditional vessel such as crew boats, supply boats and tug boats, many special purpose structures such as semi-submersible drilling rigs, drill ships and jack up drilling rigs as well as lift boats all qualify as vessels under the Jones Act. The United States Supreme Court has stated that any structure “practically capable of navigation” can qualify as a vessel under the Jones Act.

One other issue that is often addressed in regard to whether or not an employee is assigned to a “vessel” relates to whether the employee is assigned to multiple vessels. In other words, a maritime employee can also meet the definition of a seaman if he is assigned to a fleet of vessels (as opposed to one specific vessel) provided that the fleet of vessels are under common ownership or control. Very often a maritime employee will be assigned to work on various, multiple vessels but these vessels together will qualify as a “fleet of vessels” under the definition of a seaman under the Jones Act.

The last requirement of the definition of a seaman under the Jones Act states that the vessel must be “in navigation”. This term is not technically defined, but rather much more broadly and generally defined under the Jones Act. In other words, as long as the vessel is performing some type of work that is in furtherance of its general purpose the courts will usually hold that the vessel is in navigation. For example, lift-boats and jack-up drilling rigs still qualify as vessels even though they are jacked up out of the water and actually drilling for oil or gas. The vessel does not need to be moving on the water in order to qualify as “in navigation”.

The federal Jones Act statute applies only to maritime workers who meet the technical definition of a “seaman” under the Act. Many maritime workers will simply allow their employers to determine the type of compensation scheme that the worker may fall under if he suffers an injury. However, the Jones Act is generally much more beneficial for the employee than other statutes such as the Longshore Act. It is very important for an injured maritime worker to learn the definition of a seaman and immediately determine if they satisfy that definition if they suffer an injury while working. If they are able to qualify under the Jones Act it is very likely that they will receive the largest possible recovery for their injury.

Learn more about the definition of a seaman. Stop by Timothy Young’s site where you can find out all about maritime lawand what it can do for you if you have been injured.


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Costa Mesa Employment Lawyer Arsenal for Damages, Severance Pay and Employment in Costa Mesa for Job Discrimination or Retaliation

Tuesday, October 20th, 2009

Never have there been so many tools for Costa Mesa employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee?s job.

If you?ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Costa Mesa and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Costa Mesa area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Costa Mesa employment lawyers is often the employee?s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company?s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn?t realize how they were supposed to respond to an employee?s reports of harassment or that they didn?t know they couldn?t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child?s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Costa Mesa Employment Lawyers such as myself who are also Women?s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women?s rights attorneys with yet another tool in our arsenal to fight for employee?s and women?s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn?t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it?s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Costa Mesa employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Costa Mesa or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren?t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Costa Mesa by your employer, we invite you to call our office.


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La Mesa Employment Lawyer Arsenal for Damages, Severance Pay and Employment in La Mesa for Job Discrimination or Retaliation

Friday, October 16th, 2009

Never have there been so many tools for La Mesa employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee?s job.

If you?ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In La Mesa and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the La Mesa area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for La Mesa employment lawyers is often the employee?s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company?s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn?t realize how they were supposed to respond to an employee?s reports of harassment or that they didn?t know they couldn?t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child?s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For La Mesa Employment Lawyers such as myself who are also Women?s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women?s rights attorneys with yet another tool in our arsenal to fight for employee?s and women?s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn?t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it?s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools La Mesa employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in La Mesa or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren?t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in La Mesa by your employer, we invite you to call our office.


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