Friday, July 13, 2012

Requirements Needed by Workers to Have Access to EEOC Assistance

Lawmakers of the United States created legal policies to ensure that the country’s employment sector is well protected from various employer violations. These legal policies were cemented as laws that require the compliance of company owners regardless which industry they belong to. The main goal of these policies is to pave the way for a more balanced and justice driven employment system in the country.

Nonetheless, even though such laws are already in place, there are still documented cases of discrimination and abuse in different states. It seems that some company owners are not mindful of the penalties and consequences that their discriminatory acts may inflict.

Good thing the government had full knowledge of this, which prompted them to create different government agencies to help in the facilitation of the laws. One such agency is the Equal Employment Opportunity Commission or the EEOC.

Employees must first fulfill the following requirements to be able to have access to the assistance provided by the EEOC:

•    The company must have 15 or more employees.
•    The employee has 180 days to file the complaint since the discriminatory act has occurred.
•    The worker was discriminated due to his or her race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
•    The laborer has filed a complaint at the Human Resources Department of the company but his or her grievance remained unaddressed.

Once the requirements were met, the EEOC will allow the filing of the complaint at their office that is nearest to where the complainant lives. If the discrimination occurred in California, then it is highly suggested to employ the services of experienced Los Angeles employment lawyers. These professionals may act as guides for the client regarding the initial steps that they have to undertake. They will also avert any tricks that could be done by the ailing company in order to stop the processing of the complaint.

Thursday, July 5, 2012

Labor Laws as Ultimate Protection from Employment Related Abuse

Labor laws are the ultimate protection of employees against the abuses that they might experience from employers. However, there are companies who are daring and cunning enough to violate these laws by illegally terminating workers. Some workers are even fired because they stood up against the illegal activities that happened within the companies that they work in.

This illegal firing of an employee is referred in legal terms as wrongful termination.  It is commonly the result of retaliation, sexual harassment, or discrimination. Retaliation also refers to revenge.

Accordingly, one way of proving if the employer retaliated is if the worker previously testified in a government investigation regarding the anomalous acts within the company. These workers are called whistle blowers and it would be clearly against the law if the company fires them for aiding the government.

The State of California is one of the places that have a high rate of wrongful termination cases. Incidentally, this phenomenon is often blamed on the pre-existing “at-will” employment policy within the area. At-will, as it is popularly known, states that an employer may readily fire an employee without having legal liability.

On the other hand, this policy downplays the true definition of at-will wherein the employer needs to do the termination under legal or valid reasons. If the employee wishes to file a wrongful termination case in court through the aid of a California wrongful termination lawyer, he or she must prove the following in court: