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How The American Disability Act (ADA) has protected the disabled workers?

How The American Disability Act (ADA) has protected the disabled workers

The American Disability Act (ADA) has increased the probability that disabled workers can be included in the workforce. No longer can businesses choose to not hire a job applicant because of autism, past episodes of cancer, or any major or long-term factor that hinders any major life activity (eg: vision, learning, walking, etc.). The passing of this law essentially made it more difficult for companies to pass over candidates with health complications that obstruct these candidates from executing major life activities like most people without a disability.
Prior to the ADA, it was acceptable for people with the incredible potential to be overlooked. What if the NFL barred Tim Tebow from playing in the league because he was dyslexic? Then, the thousands of people who received medical care at the Tebow CURE hospital might not be alive today. Tim Tebow's job in the NFL gave him the money necessary to create the Tim Tebow Foundation and ultimately the hospital in the Philippines. The ADA protected Tebow from discrimination based on a learning disability, allowing him to tap into his athletic potential, earn a sizeable salary, and create medical organizations to help improve the lives of thousands of people. Another example in popular culture of how the ADA has helped people with disabilities can be seen in the new drama on ABC dubbed The Good Doctor. Protagonist Shaun Murphy is an autistic surgeon. Despite Dr. Murphy's social impairments, Dr. Murphy is a brilliant medical professional, able to diagnose medical complications in seconds. The amount of lives Dr. Murphy can improve through proper medical diagnosis is astronomical, and his boss does his best to properly accommodate to Dr. Murphy's social needs for that reason. Prior to the ADA, Dr. Murphy could have been rejected from the hospital, as the director of the hospital has an obvious bias against Dr. Murphy. If a major television company can create a television drama that hinges on the ADA, then it must mean that this law has had an enormous impact on disabled workers in the workforce.
One specific improvement the ADA allowed for was that it gave people in wheelchairs the same opportunities for public transportation which can significantly better these people's performance in the workplace. Prior to the ADA, people with severe motor deficiencies had to abandon their wheelchairs if they wanted to ride a bus or train. Now, imagine being in this situation: a skilled, independently acting professional who must be carried around like an infant because of a neuromuscular deficiency or a spinal injury. It would make a person hate oneself for something that is out of one's control. I will bet that the proclivity to think negatively about oneself was probably extraordinarily high for disabled workers before the ADA existed. This negative thought pattern would logically decrease work productivity, (if the person with disabilities even had a job), increase negative affect, and plummet life satisfaction. With public transportation incorporating mechanisms to house wheelchaired individuals, this allows professionals to maintain a relatively normal social image, have a better self-confidence, and work more efficiently and passionately in the workplace.
The ADA is not only directly beneficial for people with disabilities, it is also indirectly beneficial because of how it helps businesses generate revenue. For instance, handicap accessible walkways and elevators not only allow physically handicapped individuals an easier means of navigation, but it also helps all types of people: people pushing strollers, people navigating a heavy cart, people who have chronic back pain, etc. The inclusivity of physically handicap accessible structures encourages more people to go to a certain place, such as a University or a theme park, and the increased attendance generates surplus revenue to cover the costs to create these structures. In other words, complying with the ADA positively impacts those who do not have a disability and those who experience the disability. Another example of this is the hiring of sign language interpreters. Since the 2008 financial crisis, United States citizens have been recovering from significant unemployment levels. Augmenting this, technology automation has also led to a decrease in available jobs. Thankfully, the need for sign language interpreters has not become automated, and the hiring of these individuals, although costly for a corporation or not-for-profit institution, pays dividends to the deaf community in the workforce. Actress Marlee Matlin, the only deaf actress to win the Best Actress in a Leading Role Academy Award, demonstrates the need to accommodate people with disabilities. Matlin's success shows that some people with incredible talent need help to overcome their barriers so that they can share that potential with the world. Giving necessary resources to people with disabilities allows this to happen, and it not only benefits the people with disabilities, but it also benefits the community around those people, as thousands of people have enjoyed Matlin's performance in Children of a Lesser God.

Prior to the ADA, a person with a disability could barely find a job, a place to eat, or a means to get to either a place to work or a place to dine. People with disabilities could not efficiently navigate the cities, and if they got to the place of interest, they would have to also overcome the social embarrassment associated with their disability. Now, people with disabilities have more opportunities. The ADA promises to enforce that all people with disabilities should have an equal chance of getting a job and achieving their goals in life. The ADA allows people with disabilities to have the same access to public facilities and transportation as everyone else, thereby giving these people a life that is relatively normal and full of potential. Granted, people with disabilities are still statistically more unemployed than their regularly functioning counterparts, and public transportation and facilities are still not completely handicap accessible, but progress has been made. People with disabilities have countless more opportunities today than they did before 1990, and the increase in national organizations that are fighting for the rights of people with disabilities is a promising sign that the importance of ADA will not fade as time passes.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:38 | نویسنده : Ahmad Hamidi |
Impacts of OSHA'S Whistle-blower Laws in Workplace

Impacts of OSHA’S Whistle-blower Laws in Workplace

Every employee is entitled to a safe and conducive working place as provided by the Statutes of land. Similarly, OSHA'S Act of 1970 provided for the employee protection which addressed the various matters related to workplaces including killings in the line of duty among other harms caused by hazardous substances. The introduction of OSHA law ensured that employers offer their subjects or rather employees an environment that is free from deliberate dangers as well as safeguarding their health concerns. The law moreover provides a training and informative programs to help the workers and employers (Jung & Makowsky, 2014).OSHA laws offer for absolute rights that workers should be accorded to when on duty. It ensures that workers gain the knowledge of identifying the hazards involved in their working environments. OSHA standards cover a wide range of business sectors which include agriculture, maritime, construction and general industry which comprises the best part of employees. The rules provide for a broad range of hazards that employees encounter in their daily endeavors. Among the standards include the limitation to exposure to toxic chemicals, noise pollution, safe work equipment and practices as well as proper documentation and monitoring of sickness and injuries that are work-related (Wilcox & Marria, 2016).These laws have considerably helped improve the working environment for employees in the United States.
To begin with, OSHA standards provide for full employee protection where safety equipment and protective clothing are to be offered for the free. This law has made many companies strive and minimize the hazards involved when handling hazardous substances. Equipment such as goggles, respirators, gloves, earplugs and proper protective gears have been employed to help control the risk in workplaces. Employees are also entitled to this protective at a free charge for maximum protection within the working environment. Most of the modern companies in the US embrace this standard where protective clothing is worn, provision of earplugs to reduce noise in industrial setups as well as the use of gloves in an institution such as hospitals and research organizations where hazardous chemicals and substances are handled. According to Noe et al's (2003), this has considerably reduced the exposure of employees to chemicals thus a favorable environment which translates to high productivity. Contrary to this, the traditional or rather ancient workplace was exposed to more hazard as no laws existed to protect employees and the employers did not sufficiently implement the few from the federal government (Lyons & Kuron, 2014). This, therefore, translated to high mortality rates as a result of exposure to toxic substances as well as other physical disorders like hearing problems due to noise pollution.
Secondly, OSHA laws provide employees with the right to information. Employees are entitled to reports on the hazards present in their workplace .they are also allowed to know how to protect themselves in the occurrence of such risks.OSHA standards require employees to incorporate different techniques to create awareness about the hazards to their employees (Wilcox & Marria 2016).Example of these methods includes training the employees on the dangers and how to protect themselves whereby they are still entitled to their wages during the training. Employers should also ensure warning and color coding signals which are easily interpretable put on every department and machinery which hazard risks. A good number of organizations in the US have employed these standards where the employees are entitled to training on hazards. For instance, the ISO training and certification programs which ensure that employees are equipped with sound industrial practices for quality management (Jung & Makowsky 2014). Companies have also provided for fast aid training practices for its employees where they are trained on how to handle different situations that may erupt in their workplaces. The advancement in modern technology has also ensured safety management where the introduction of CCTV among other monitory gadgets has made it possible to provide for real-time rescue in the event of hazards exposure. Generous distribution of fire extinguishers and alarm switches has also made it possible to address the issue of safety among employee (Noe et al., 2003). Ancient workplaces were however characterized by immerse hazard exposure due to the rigidity that was experienced by the employers and their workers. Employees were subjected to duties without any freedom to inquire about their safety. Teamwork was never prioritized as it would seemingly demean the authority of the employers towards their subjects (Lyons & Kuron, 2014). Workplaces were therefore hostile as many work-related cases were ignored or received little attention if any.
Thirdly, OSHA laws provide the employees with the right to have information on hazardous chemicals. This, therefore, requires that all the employees be trained and equipped with relevant information on the substances they handle. Moreover, it is mandatory that the employers give adequate training in a manner that can be comprehended by all the employees. The law also demands that a list of harmful chemicals be made available to the employees (Jung & Makowsky, 2014). Employers should even make sure that all the hazardous substances are labeled with hazard warning signs as well as making them possible in safety data sheets which contain relevant information for handling them, their effects, emergency measures upon exposure and preventive measures (Wilcox & Marria, 2016). Modern working environments have ensured that hazard warning signs are provided in all machinery, substance, and department with risks of hazard exposure. For instance, most research laboratories and mechanical systems in the US are fitted with hazard labels. Similarly, manufacturing companies have ensured safety data sheets accompanying their products and services which have promoted safety thus reducing the mortality rates in regard to hazard exposure (Lyons & Kuron, 2014).Ancient environments, on the other hand, experienced high death rates due to exposure to hazardous substances as well as lack of proper information about substances leading to considerable accidents.
OSHA laws also provide for rights for employees to be aware of their rights in the workplace as well as the laws that govern them (Wilcox & Marria,2016).This has been made possible by ensuring that all the OSHA official posters on health and job safety are displayed by the employer in strategic points where all employees can see. Most of US business organizations are embracing digital platforms by making these laws available on their employee portals and companies websites. Other enterprises provide for notice boards that are strategically located for employees to get the information without any hustle. This has encouraged morale among employees as well as respect between them and their counterparts thus competitive advantage (Noe et al., 2003).In contrast, traditional workplaces were characterized by no legal provisions for employees' safety thus subjecting them to harsh rules and regulations which only favored the employers (Lyons & Kuron, 2014).
Last but not least, OSHA provides for the right to access information on illness and injury records (Wilcox & Marria, 2016).This is however directed to employers with a total number of workers exceeding 10.Employers are therefore expected to record all sickness that is work-related as these records are essential for analysis and evaluation of practices that will help contain further occurrences. It also provides light to the employees on the activities that should be avoided. Right to exposure to information is also provided where tests can be run to establish hazardous substances in the workplace. Modern workplace environment offers for exposure monitoring where employees undergo tests after a specified period to ascertain the probabilities of exposure to hazards (Jung & Makowsky, 2014).For instance, employees exposed to nuclear radiation in military undergo frequent check-ups. Also, those in research and medical institution where hazard exposure is common are entitled to free check-up and follow-ups.This has ensured efficient and practical attention to the employee thus risk management (Lyons & Kuron, 2014).Ancient workplaces were however not subjected to these specifications. Therefore work-related infections and death were immense.

In a nutshell, the introduction of OSHA laws has improved the working environment for workers. It has ensured that both employees and employers co-exist which translates to high productivity. It is, therefore, a crucial law which all companies should fully implement as it not only creates a smooth working environment but also ensure global expansion for profit maximization.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:38 | نویسنده : Ahmad Hamidi |

3 Types of Sexual Harassment at Workplace
What are the 3 Types of Sexual Harassment at the workplace? California's Constitution protects employees from being harassed within the workplace. Employees and employers should be familiar with the Fair Employment and Housing Act and the California Government Code § 12940(j)(1), which makes it illegal to harass an employee. Harassment isn't always physical and it is not always directed at a particular employee but it may still offend that employee. Employees may be targets of harassment based on their gender, gender identity, the way in which they express their gender, or based on an employee's pregnancy, childbirth, or related medical conditions (Cal Gov Code § 12940(j)(4)(C)). However, sexual harassment remains the most prevalent in the workplace above all other forms of harassment. Sexual harassment can come in the form of physical, verbal or visual acts.

What is expected of the employer and or organization?
It is not always an employer who is sexually harassing the employee, sometimes it can even be other employees sexually harassing an individual, however, this does not absolve the employer from being responsible for the occurrence of the harassment (Gov. C. § 12940(k)). Under FEHA regulations, employers are held accountable for not taking reasonable steps to prevent harassment from taking place. Reasonable steps taken by employers to ensure a safe and sexual harassment-free work environment includes providing prevention training. Employers are also expected to provide a copy of the California Fair Employment and Housing fact sheet to all employees upon being hired.
If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.

1- Physical Sexual Harassment

3 Types of Sexual Harassment at Workplace
Physical sexual harassment is the most obvious and well-known form of sexual harassment. It is exercised through unwelcome touching such as rubbing up against a person or physically interfering with another's movements or preventing another from completing their work. Examples of unwanted touching would be if employee A placed his arms around employee B and employee B felt uncomfortable with this and asked employee A to stop. Another example would be if employee A would block employee B with his body from leaving the copy room, preventing employee B from leaving that area without having to touch employee A. An employee who has been subjected to physical sexual harassment should discuss the matter with a Sexual Harassment Lawyer.

2- Verbal Sexual Harassment
3 Types of Sexual Harassment at Workplace
Remarks or comments that are disrespectful insults or slurs may also be considered as verbal harassment towards an individual. Under FEHA regulations, an employee may identify their experience with verbal comments as "harassment" even through nicknames, labeling, or titles. Examples of this would be employee A nicknaming employee B "Hot Stuff" or "Big Butt Balinda". These kinds of nicknames or titles are offensive and comment on an individual's anatomy and also have a sexual connotation.
Although the workplace is a space for professionals who are employed by an organization, some employees today are subjected to feeling uncomfortable and endure unwelcome interactions while at their place of employment. This can be distracting for a victim of this behavior, leaving him or her afraid to go to work. The Fair Employment and Housing Act regulations recognize verbal harassment as a form of harassment and specifies "romantic overtures" as a type of verbal harassment. But what exactly does that even mean? Put simply, this means romantic or flirtatious gestures from person A to person B in an attempt to progress a platonic or formal relationship to a romantic level. These attempts as in plural, are continuous and consistent.
In order to give rise to a claim, romantic or flirtatious remarks are still considered harassment whether the remarks are subtle or obvious. Subtle verbal overtures may be an invitation to go on a lunch or dinner date. In this scenario, although an invitation to lunch or dinner may be a way in which friends interact with one another, depending the particular circumstances this may be construed as harassment. An obvious verbal overture may be a comment such as "we would make beautiful babies together" or "I wonder what it would be like if we dated". These comments are obvious in an attempt to escalate a relationship into a romantic and or sexual realm.
An individual who has this issue at their place of work would need to contact a Sexual Harassment Lawyer to see if they have a claim against their employer.


3- Visual Sexual Harassment
3 Types of Sexual Harassment at Workplace
The Fair Employment and Housing Act recognizes that sexual harassment may come in the form of visual harassment (2. Cal Gov. Regs. § 11019(b)(1)). At first glance "visual harassment" by definition may seem obvious in that one individual is exposing themselves to another individual who does not appreciate the exposure. However, visual harassment comes in other forms that are not as blatant as perhaps a fellow employee exposing themselves. Visual harassment can be demonstrated through cartoons or drawings that are considered offensive and or insulting to the victim. For example, a male employee may draw a character of a fellow female colleague in which her breast size is exaggerated. In that scenario, the female employee is being sexual harassed based on the visual of herself which could be construed as sexual in nature while also making her feel uncomfortable.
More commonly, in an age of technology, one employee showing a video or picture to another employee in the workplace in which that individual finds the visual offensive or insulting, may be considered as visual harassment even though it does not involve that particular employee who is offended. For example, a female or male employee may show or attempt to show another coworker a video of herself or himself having sexual intercourse with his or her partner. In this scenario, although the video does not have anything to do with the employee who is being shown the video, this act is still considered as visual harassment because it is sexual in nature, offensive, and unwelcome.
Visual sexual harassment is also exercised through posters displayed within the workplace. Posters that would fall under this category of visual harassment as mentioned above, would contain visuals that are offensive in their sexual nature and offend the particular individual.
Lewd gestures are also recognized under the Fair Employment and Housing Act as visual harassment. This could be interpreted to cover an array of acts being performed by one employee that offends another particular employee. For example, one employee may gyrate or perform pelvic thrusts towards another employee. Although the employee carrying out the act is not touching this particular employee nor are they even conducting themselves in that way in reference to that particular employee, it is still considered visual harassment.
An employee who is experiencing this type visual harassment should call a Sexual Harassment Lawyer.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:38 | نویسنده : Ahmad Hamidi |

8 Main Disability Discrimination Questions

What are the 8 Main Disability Discrimination Questions? California is an at-will employment state. As an at-will employee in California, an individual may be terminated for any reason or no reason at all unless terminated for an illegal reason. Per California Government Code § 12940 an employer's decision to terminate an employee may be characterized as illegal if the reason is based on an employee's religion, race, color, national origin, gender, ancestry, age, military or veteran status, sexual orientation, gender identity, and or disability. Although this is not an exhaustive list, these are considered as protected classes and if an employee belongs to one of these classes and is terminated based on belonging to one of these classes there are remedies available. Specifically, employees with a disability, whether he or she is mentally or physically impaired are protected. In order to make a claim, the employee would need to contact a Disability Discrimination Attorney.
1- What constitutes a physical disability? A physical disability includes a disease, disorder, condition, cosmetic disfigurement, or anatomical loss or health impairment (§ 12926 (m)(1). The disability of this kind must also impact the employee both in a body system and limit a major life activity. Affecting a body system includes but is not limited to special sense organs, neurological, musculoskeletal, reproductive, digestive, and respiratory. The particular system affected would need to limit major life activities socially, physically, mentally, or while working (§ 12926 (m)(1)(B)(iii).
2- Are mental disabilities recognized? Mental disabilities that limit major life activities are considered protected and include mental or psychological conditions, which range from emotional or mental illness to specific learning disabilities (§ 12926 (j)(1)). Mental disabilities that limit major life activities includes the impairment hindering the efficiency and execution of everyday physical, mental, and social functions (ibid). Further details can be provided by a Disability Discrimination Attorney.
3- How does an employee know if they are being discriminated against in the workplace based on their disability? Discrimination within the workplace takes on various forms which may foreshadow an unlawful termination. Forms of discrimination in the workplace are demonstrated through name calling, singling an individual out, passing an individual up for promotion or opportunities, demotion, failing to accommodate a request for reasonable accommodation, involuntary transfer or reassignment, bullying, constructive discharge, and denying benefits. Although not an exhaustive list, discriminatory behavior takes on various forms and is determined on a case by case basis. For further enquirers regarding this type of situation, call a Disability Discrimination Attorney.
4- What is expected of an employer? Pursuant to the California Code of Regulations, title 2, section 11069, the employer should endeavor to facilitate an interactive process between themselves and the employee with a recognized disability. This interactive process is built on open communication between the employer and employee in order to maintain up to date knowledge of the circumstances. By maintaining this interactive process, the employer is on notice and subject to accountability for being aware of the employee's needs for accommodation. In addition, this process promotes the exchange of ideas to reach a set of reasonable accommodations that are appropriate for the individual.
5- What kind of accommodation should an employer provide? An employer should provide reasonable accommodation. Reasonable accommodation provided to an employee entails adjustments and modifications of the employee's position that enables the employee to have an equal opportunity as their peers to carry out tasks. Some circumstances may require the employer to suggest transferring the employee to a more practicable position, ensuring the job-site facilities are accessible to the employee, permitting a service animal to accompany the employee at work, supplying the employee with a reader or interpreter, providing a modified schedule as well as part-time work, providing accommodation for training or tests or additional training, and providing any other reasonable modifications to the employee's work-site and or environment. For more clarification on what kind of accommodation should be provided, ask a Disability Discrimination Attorney.
6- What does it mean to be retaliated against? Once an employee makes a complaint against their employer or against any practice within the organization regarding their recognized disability, the employee could be mistreated by means of retaliation. This situation arises when the employee makes a complaint against certain unlawful practices that violate FEHA regulations being conducted within the workplace. In response to the complaint(s), the employer or organization takes adverse employment action against the employee. For example, an employee with a hearing impairment makes a formal complaint to their human resources department regarding his or her supervisor refusing to hire a sign language interpreter for a required training seminar. Shortly after the complaint is made, the employee is demoted to a lower paying position that does not require attending the training session. Here, the organization's response to the complaint may be characterized as discriminatory and retaliatory based on the employee's protest against their supervisor's refusal to provide reasonable accommodation.
Even if the employee's specific request for accommodation is not granted, the employee is still under the protection of FEHA in that they can both be discriminated or retaliated against for making the request in the first place. Such circumstances need to be evaluated by a Disability Discrimination Attorney.
7- What is considered unlawful employment practices? If an employee falls under one of the recognized protected classes, specifically in this case the employee possesses a physical or mental disability, and an employer mistreats the employee based on having a disability may be considered unlawful. The FEHA and California Government Code § 12940(a) qualify unlawful treatment as being demonstrated through hiring practices, path to promotion selection, distribution of work benefits and privileges or compensation.
As previously mentioned, an employer is required to provide reasonable accommodation for an employee with a recognized disability. It is considered unlawful under FEHA for an employer to refuse to implement reasonable accommodation(s) requested by the employee as well as not consider recommendations made by the employee's licensed physician. Also, for further assistance on the matter, discuss the matter with a local Disability Discrimination Attorney.
8- How to prove an employee has an action in disability discrimination against their employer? There must be a direct link between the employee's disability and the reason for termination. In other words, the employee must prove that they were fired based on their recognized disability. For example, an employee is diagnosed with a condition in which their vision is significantly impaired and shortly after their employer is put on notice of this, the employee is let go from their position "because they can't see". This would demonstrate a causal link between the employee's disability and the decision to terminate. Alternatively, the employee may need to prove that the connection between the disability and the termination was demonstrated through unequal treatment or failure to make adjustments or modifications were necessary to do so.
If an employee wants to know if they have a case concerning these issues they need to reach out to a Disability Discrimination Attorney.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:38 | نویسنده : Ahmad Hamidi |

Top 6 Tips For Hiring The Right Employment Lawyer


Top 6 Tips for Hiring the Right Employment Lawyer

Do you know what is the top 6 tips for hiring the right employment lawyer? Deciding to pursue a lawsuit can be a serious decision within itself but choosing who will represent you in your suit is an even greater choice. Employment law issues are usually handled in civil law. This factor merely narrows your search to lawyers who practice civil litigation. Where do you go from there? So many factors need to be taken into account in choosing an Employment Lawyer. Any firm or Employment Lawyer can put together a website but having a website is not the telltale sign of a good lawyer. Below are some points to consider in your search for legal counsel.

Top 6 Tips For Hiring The Right Employment Lawyer


  1. Who's side are you on

Although there are many candidates in choosing an Employment Lawyer, it is imperative to select an Employment Lawyer who is best suited for your particular case. Firstly, you need to find out if your case is actually an employment case, meaning the issue pertains to something that happened at work or between you and your employer. Secondly, you need to figure out whether you need a defense lawyer on the employer side or a lawyer who represents employees on the plaintiff side. So if you are an employee, who needs representation in a claim against your employer, you will need an Employment Lawyer who works on the plaintiff side. If you are being sued by an employee you will need a defense lawyer.

Top 6 Tips For Hiring The Right Employment Lawyer

  1. This ain't my first rodeo

What is the nature of your case? The lawyer you choose needs to have experience in your particular claim. Employment law firms focus on certain areas of employment law. Some firms consider themselves a general practice. Other law firms have handled more cases in a particular area of employment law than other firms. Taking all of this into account, it is in your best interest to find an Employment Lawyer who has had experience as well as success in cases similar to your situation. For example, if you are being sexually harassed at work you should seek an Employment Lawyer who focuses on sexual harassment cases. If you are of a certain race and you feel that your boss picks on you and writes you up for bogus reasons because he does not care for your race, then you want to look for an Employment Lawyer who has handled many cases in discrimination law. Alternatively, you may need a wrongful termination lawyer if you reported illegal activity like patient abuse but as a result, your employer fired you from your job. There are also employment lawyers who exclusively fixate on wage claims which have to do with employee payment. Some lawyers have experience in leave of absence cases such as employees who take a leave due to a severe illness.

The laws that regulate employment law are vast, therefore you need to find a lawyer who has handled cases in the past that are similar to your case.

Top 6 Tips For Hiring The Right Employment Lawyer

  1. Get a free consultation

Because you are searching for the right lawyer for you, you should seek out firms and/or an Employment Lawyer who offers a free consultation. This means you get to go into the firm and have a sit-down with an actual lawyer to discuss the facts of your case without any fees attached to the service. This allows the lawyer to examine your unique circumstances and tell you whether or not he or she is confident you have a case. In addition, this face-to-face will allow you to decide whether you even want this particular firm or lawyer to handle your case. Lastly, visiting multiple firms that offer a free consultation will allow you to make a more educated decision on what firm you should choose.

Top 6 Tips For Hiring The Right Employment Lawyer

  1. Get more bang for your buck

No recovery no fee! Some employment law firms or employment lawyers offer a contingency fee for their service. This means that the Employment Lawyer will only charge the client if they win or settle the case. Firms that run their practice this way are diligent in their work for their client and will usually take on cases that they are confident about. This provides some security for you as the client in that you won't feel you are being taken advantage of in billable hours. Also, employment law firms that offer a contingency fee for their services recognize that some potential clients may not have the financial stability to hire an attorney but their rights as an employee in California have been violated and are entitled to representation.

If you are unsure if a firm offers no up-front fees, call and ask if the firm takes cases on a contingency base before you agree to come into the law office.

Top 6 Tips For Hiring The Right Employment Lawyer

  1. Are they a litigation practice?


Even if a law firm ticks a few boxes on your list, you should still be wary in that the firm may not be willing to take your case to trial. In employment law, not all cases go to trial, they settle. But if a case does not settle, the next step would be to go to trial and not all employment lawyers or firms are willing to provide this service, leaving your case unresolved. In order to avoid this from happening, before signing a retainer agreement you should ask the lawyer you are considering whether or not they are willing to go to trial if the case does not settle.

The legal representation in which you select needs to be committed to taking the case to trial if down the line it does not settle. This will help you to not waste your time with a lawyer who will leave your case unresolved and you having to hire new representation.

Top 6 Tips For Hiring The Right Employment Lawyer

  1. Don't be an eager beaver


As mentioned previously, deciding to pursue legal proceedings is not a trivial choice. Deciding to take legal action against a company or employer is a commitment for you as a client and a commitment for the lawyer whom you choose to hire to represent you. That being said, do not be eager to sign a retainer agreement online. Some firms may ask you to sign a retainer agreement online and with that there are risks. Signing a retainer online will deprive you as the client from having the facts of your case carefully considered by a lawyer.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:38 | نویسنده : Ahmad Hamidi |


8 Things You Need To Know About Disability Discrimination

1- At the Federal and State level, discrimination against employees with disabilities is prohibited by law. Under the Federal law, the Americans with Disability Act (ADA) prohibits discriminatory actions taken by employers against their employees. The same applies at the State level in California and is regulated by the Fair Employment and Housing Act (FEHA). Amongst other recognized protected classes and or characteristics, employees with physical or mental disabilities have rights that protect them from being discriminated against based on their disability. Employees with disabilities in California have many rights under FEHA, however it is a matter of knowing your rights as a disabled employee in order to know you have a claim against your employer or organization who has violated those rights. Call a Disability Discrimination Lawyer to discuss this further.
2- An employee may have a disability discrimination case if they can show that they had a recognized disability, they possessed the skills and qualifications for the position they occupied at the time or applied for, they were subjected to adverse treatment in the workplace, and the reason for this treatment was based on their recognized disability. A Disability Discrimination Lawyer in your area is the professional to contact in this kind of situation,
3- Recognized mental disabilities under FEHA may include mental or psychological disorders such as learning disabilities, associated deficits and disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. A recognized physical disability under FEHA may include any physical impairment by a physiological disease, disorder, condition, cosmetic disfigurement, or any loss of control of the body. Physical impairments must affect the employee's body system as well as limit major life activity. Consider speaking to a Disability Discrimination Lawyer for more assistance.
4- The burden of proof is on the plaintiff, in this case, the employee, to prove that he or she has been discriminated against by the employer. In order to prove an employee has been discriminated against, the employee must prove that there was a causal connection between their disability and their termination, constructive termination or resignation from their position. This causal connection would demonstrate that the employee was terminated based on their disability. For example, an employee with a recognized learning disability is asked to sit for an exam for training purposes. This employee's particular disability required that he have a person read the exam directions and questions aloud to him. When the employee sent a formal request for this accommodation, the employer said they had to let him go because "this company didn't need the dead weight of someone who couldn't handle taking an exam without having someone read the instructions for them". Here, the employer's actions and words may be characterized as discriminatory because the employee's request for accommodation triggered the employer's decision to terminate his employment (Hoffman v. Caterpillar, Inc., 368 F. 3d 709, 2004 U.S. App.) Therefore, there is a direct causal link between the employee's disability and the decision to terminate. In this scenario the employee would be able to draw this link and have a potential action against the employer for disability discrimination under FEHA. For a clearer understanding of this contact a Disability Discrimination Lawyer.
5- If the case was to go to trial, the employee in this scenario would have to show that their disability was the substantial and driving force behind the termination.(Horsford v. Board of Trustees of Calif. State Univ. (2005)) Referring back to the employee with the learning disability, let's say prior to the employee's request for accommodation he had been caught stealing products from his job-site. Based on those facts the employer may argue that the reason for firing the employee was based on the theft. Therefore, the employee may not be able to prove that his disability was the substantial cause of his termination. Asking a Disability Discrimination Lawyer is the best way to pursue a disability discrimination case.
6- As mentioned previously, an employer's choice of words can be calculated to being discriminatory and contribute to the evidence that the employee was wrongfully terminated. An employer may choose to verbalize, or write words or make remarks that may be discriminatory. This could occur anywhere from being said in an email or in passing in the break room. In some circumstances the remark could be characterized as discriminatory even if the remark was not directed at the employee with a disability (Metoyer v. Chassman (9th 2007)) For example, referring the employee with the learning disability, prior to his termination his employer may have made jokes at the company Christmas party to other employees about "how lazy people with disabilities are". Here, even though this comment was made to another employee, the employee with the disability may present this as evidence that their disability was the ultimate cause of his termination. However, keep in mind that it bolsters an employee's claim if the remarks made by the employer were related to the ultimate decision to terminate the employee otherwise they may be considered "stray remarks" (Waterhouse v. Hopkins (1989)). In California, "stray remarks", which may be discriminatory remarks made outside of the decision-process to terminate an employee, are still taken into account and considered part of all evidence as a whole (Reid v. Google, Inc. (2010)). With the assistance of a Disability Discrimination Lawyer, an employee can make claim against their former employer.
7- An employee may strengthen their claim if they can prove that their employer did not implement the reasonable accommodation. Depending on the circumstances and the particular disability, in general, an employer would need to reasonably accommodate an employee through modifications and adjustments, facilitate processes that would enable the employee to carry out essential job functions, and provide paid or unpaid leave to the employee while they receive treatment for their disability. Some ways that an employer could accommodate the disabled employee would be by allowing the employee to switch to a part-time position, allow flexibility in scheduling, adjust facilities within the workplace to be accessible to the employee based on the employee's disability needs, provide extra training to ensure the employee receives an equal opportunity in comparison to all other employees, allow the employee to have support or guide dog accompany them at work,

8- Above all, it is imperative that the employer maintains open communication with the employee in relation to any changes in their needs as a disabled employee, also known as an "interactive process". It is the organization or employer's responsibility to ensure that all supervisors who oversee the disabled employee are aware of any accommodations that need to be provided to the employee. For further guidance on the matter, call a Disability Discrimination Lawyer.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:39 | نویسنده : Ahmad Hamidi |

How to deal with sexual harassment outside of the workplace

How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) that an employer owes a duty to their employees to prevent harassment within the workplace. But what if an employee is sexually harassed off-site yet within a work capacity? This may be a situation where an employee is not at work but he or she is carrying out tasks or participating in functions that are work-related. More importantly, are employees the only individuals who are covered by the law in this area? What about applicants? In a heavily populated State such as California, the job market can be fierce and highly competitive, making it difficult for job-seekers to get their foot in the door. As a result, these applicants seeking jobs are vulnerable to illegal hiring processes which promote discrimination and sexual harassment. In these situations, employers are liable for the acts of their own employees who posses hiring power and abuse this power. When issues such as these arise, reaching out to a local Sexual Harassment Attorney is the best way to find out if further legal action should be taken.
An employer or organization is responsible for and held accountable for the acts of their employees whom they have delegated hiring power to within the workplace. The Court in the case Doe v Capitol Cities, 50, Cal. App. 4th 1038 had to address this issue of just how far an employer's liability extends in these "off-site" situations. In that case, the plaintiff was an actor who was applying, or rather auditioning for a role which took place on a Sunday at the casting director's home. During this encounter, the plaintiff alleged that he was drugged and gang raped by the casting director as well as four other men. The plaintiff brought an action against the employer of the company, inter alia, for violating the California Government Code § 12940 (h). Under that regulation, it is illegal for an employer or organization to retaliate against an applicant or employee because the applicant or employee made a complaint against the employer or organization for unlawful practices. The action was brought against the employer who oversaw the casting director because it was ultimately the employer's responsibility to ensure that the workplace was harassment-free. In this case, the Court of Appeal decided that the plaintiff did have a case if he could provide evidence that his allegations were true, then as a result, strict liability would be placed upon the employer. This meant that the plaintiff in this case only had to prove that the acts actually took place and that the employer was responsible for the casting director's acts, and it did not matter what the employer knew or was supposed to have known about the casting director's tendencies. Today, if an employee was in a similar situation when attempting to apply for a position and was subjected to such treatment, they should reach out to a Sexual Harassment Attorney to discuss their case.
But how could the employer be held liable for what happened at the casting director's home and on a Sunday? The Court reviewed the facts and evidence of the case and was able to conclude that the casting director was acting within his capacity as an employee because he was locating, discovering, training, and acquiring actors, just as he did to the plaintiff. Therefore, even though the incident did not occur at the actual work-site, nevertheless the casting director was acting as an agent for his boss. Importantly, the Court did take into account that the incident took place off-site, and it also occurred outside of work hours. However, the Court found that because the casting director's acts were so closely related to his position of employment that it did not absolve the employer of responsibility. Lastly, it is significant to take note that the plaintiff, in this case, was not an actual employee of the company when the incident took place. The court also took this into account that the plaintiff was not an applicant yet decided that this did not matter and the employer of the company remained liable for the casting director's behavior. This was because the plaintiff was in pursuit of employment which placed both the plaintiff and the casting director in a work-related context.

Here in California, under the Fair Employment and Housing Act, an employer's liability for sexual harassment extends to managers, supervisors, and controllers who foster a hostile work environment. Per Title VII, a manager is seen as acting for the employer when generating this hostile work environment, therefore the employer can be held vicariously liable. Under the California Government Code § 12926(t) and the Fair Employment and Housing Act, the definition of "supervisor" is much broader and considers this title to be anyone who has hiring power, a power to transfer an employee, fire an employee, demote an employee, or even a power to reward an employee.


Liability at the federal level is slightly different. In a particular federal case, an employee was a lifeguard and employed by the city. She brought a suit against her employer because she felt that she was being subjected to a sexually charged as well as hostile work environment which was created by her supervisors. The environment at issue was considered hostile because the supervisors were causing the particular employee and other employees to experience unwanted touching. Here the employee made a claim under Title VII of the Civil Rights Act 1964, 42 U.S.C.S. § 2000e et seq for these acts and the environment imposed on her as an employee. The Court, in this case, found that the employee who brought the action had a claim against her employer by extending the employer's liability to cover the supervisor's acts Faragher v City of Boca Raton (1998) 524 US 775, 807, 118 S. Ct. 2275, 2292-2293. A Sexual Harassment Attorney would be able to evaluate an employee's case for free if they have a similar problem at work and may be able to file suit against the company.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:39 | نویسنده : Ahmad Hamidi |

What’s Happening With Sexual Orientation Discrimination In The Workplace?

What's Happening With Sexual Orientation Discrimination In The Workplace?
An Employment Lawyer is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is sexual orientation harassment? What is discrimination against a person's sexual orientation? In order to understand the answers to these questions, it may make more sense to start with the laws that surround these topics and to know who is protected by these laws.
What is discrimination and harassment?
What exactly does it mean to be discriminated against in the workplace? To discriminate is to notice an individual's differences from others and to treat that individual differently from others in a negative way because of that individual's differences. There are employment laws in place that regulate discriminatory practices within the workplace and deem them as unlawful.
Not all forms of discrimination are unlawful in the workplace. For example, it may seem unfair but employees who are over a certain weight may not be a class of individuals who are protected under the law. For instance, if an employee is overweight and is picked on and treated adversely compared to other employees based on being overweight, while It is unkind it may not be considered as unlawful. Employment laws only recognize certain classes of individuals and particular characteristics as being protected. Examples of classes and characteristics that are recognized by the law are an employee's creed, religion, marital status, gender, age, military status, ethnicity, disability, medical condition, veteran status, and sexual orientation. If an employee is singled out and treated negatively based on belonging to one of the recognized classes or an employee is treated poorly based on possessing an acknowledged characteristic, then that may be considered as an unlawful treatment.
Where an employee is treated differently compared to other employees in a negative way and it is because that employee falls under a protected class or bears a recognized characteristic, that employee may have a case against their employer for discrimination. An employer or organization may be held liable for discrimination if the employee can show he or she was singled out based on a protected class or characteristic. It is essential to note that belonging to a protected class or bearing a guarded characteristic does not mean that an employee is automatically granted a right to sue for discrimination and/or wrongful termination. This means that if the unfair treatment is not based on the employee being a member of a protected class or bearing a protected characteristic then it not considered discrimination. For example, George was a 50-year-old man at an online store's warehouse. The law does recognize age as a protected class for employees who are 40 years of age and older. Recently George was fired for being late several times and was caught falsifying his time sheets. In this scenario, although George may qualify as being a person belonging to a protected class, which in this case would be age, he may not be able to prove he was a victim of age discrimination. In George's case, his employer may be able to claim that he was fired because of George's tardiness and fraudulent acts. The adverse treatment needs to be based on the employee belonging to a protected class or bearing a protected characteristic whereas here, George was not exactly Employee of the Month material. George's termination would need to show that it was based on his age. So if George had been told by his boss "hey, you're getting too old for this job" and then thereafter he was terminated, that may be considered as age discrimination.
Discrimination in its application is handled by an Employment Lawyer who represents employees against their employers. In order to even know if you or someone you know has been discriminated against, you should contact an Employment Lawyer in your area.
Harassment in the workplace can come in the form of teasing, name-calling, talking down to an employee, mocking, berating, or bullying. Another form of harassment may be delivered through photos, videos, memes, cartoons, emails, texts, and physical gestures. All of these forms of harassment are categorized as unlawful once the harassment is motivated by the singling out of a protected class. More specifically, if the harassment is based on an employee's sexual orientation, that may be considered as unlawful.
Discrimination and harassment against sexual orientation
Discrimination and/or harassment against an employee's sexual orientation is considered as unlawful behavior because sexual orientation is considered protected by certain employment laws. Sexual orientation refers to an individual's sexual or romantic preference such as homosexuality, heterosexuality, and bisexuality. If an employee is singled out, treated adversely, or treated less favorable compared to all other employees because of his or her sexual orientation, then that may be discrimination or harassment. An employee who is being discriminated against based on his or her sexual orientation may experience being denied employee benefits, being passed over for promotion, reduced pay, reduced hours, or termination. An applicant may also be subjected to unlawful hiring practices which also prohibited by the employment laws.
The laws in employment law hold employers accountable for discrimination even for perceived sexual orientation harassment and/or discrimination. In other words, an employee who is assumed by their employer or fellow coworkers as being homosexual and is not, yet is teased and harassed based on that assumption, may still be held liable for harassment and/or discrimination.
An Employment Lawyer who has handled cases in the past in sexual orientation discrimination and harassment may know the best way to represent an employee who is in a current discrimination or harassment situation at work.
An employee should not have to endure harassment or discrimination if it is based on a protected class or characteristic, especially if the harassment and/or discrimination is based on an employee's sexual orientation. Employees have the right to feel safe in their work environment and employers are responsible for enforcing an anti-discrimination policy at the workplace. The current employment laws are in place to provide protection for employees and they will be enforced if an Employment Lawyer is hired by an employee who is being victimized at work.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:39 | نویسنده : Ahmad Hamidi |

What is religious Discrimination and Accommodation?
What is religious Discrimination and Accommodation?
People in America have the right to practice the religion of their choice. But what happens when you try to exercise some of your religious practices at work and your boss does not like it?
  • What if you need to wear a certain type of clothing due to your religious beliefs and you are punished by your employer?
  • What rights do employees have at work when it comes to their religion?
  • Are all types of religious beliefs recognized by the law?
  • What type of lawyer handles religion discrimination in the workplace?
  • Can I sue my boss for telling me I cannot participate in my religious practices at work? Is religion considered a protected class?
  • How do I know if my boss has provided the correct accommodation for my religious related request?
Who and what is protected?
There are laws that pertain specifically to employment law that deem the denial of accommodation for religious purposes to be considered discriminatory. In some employment situations, if an employee makes a request for accommodation regarding their religion and it is denied, that employee may be entitled to sue their employer for discrimination.
Employers are required by certain laws to provide reasonable accommodation to an employee who makes a request for accommodation regarding their religion. The employer is expected to make reasonable accommodation for employees who make a request that has to do with their religious beliefs, religious beliefs that are affiliated with common religions which include rituals, ceremonies, celebrations, customs, and/or practices. For example, some employees may observe Ramadan in which the employee may fast.
"Religion" in employment law means that employers must recognize any religions and/or "religious creeds". Employers technically must recognize an employee's religious system or faith, and the traditions and practices in which the employee exercises for religious purposes. This includes moral, social, and behavior beliefs that are upheld by common religious systems.
A Discrimination Lawyer is the best type of legal professional to consult on employment matters regarding religion and employee rights. Should an employee have any issues regarding their employee rights, they should contact a Discrimination Lawyer for a free consultation.
Being punished just for asking
Aside from even having a request granted/accommodated, an employee who even puts in a request to their employer or Human Resources Department is protected from discrimination. This means that the law recognizes that an employee has a right to make a request for accommodation in regards to their religion without being retaliated against or treated adversely because of their request for accommodation. If an employee is in fact punished for making a request for accommodation because of their religion, an employee may have the right to take legal action against their employer for discrimination and/or retaliation.
There are many ways in which an employee may find themselves being punished for asking for accommodation at work in order to practice their religion. A Discrimination Lawyer is the kind of lawyer who would be able to determine if an employee was in fact punished by their employer for making a request.
How does an employer retaliate?
Retaliation against an employee by their employer is prohibited by law in certain circumstances. If an employee makes a request for accommodation for their religion and thereafter they are treated adversely by their employer directly or indirectly, it may be considered as retaliation.
An employer may retaliate against an employee after he or she makes an accommodation request to their employer or Human Resources department because of their religion. The retaliation may be identified by the employer's actions and/or behavior such as reducing the employee's hours, reducing the employees pay, denying the employee employment benefits, confiscating employee benefits from the employee, and/or choosing other employees over the particular employee for promotion. An employer may also retaliate against an employee who makes a request for accommodation for a religious purpose by making rude comments towards the employee, singling the employee out, name-calling or even reprimanding the employee for bogus reasons.
An example of retaliation would be if an employee's religion called for wearing a clothing that covered his or her face. The employee may make a request to their employer to permit them to wear this type of clothing to work for religious purposes. After the employee made the request the employer may begin treating the employee poorly such as reducing their shifts or giving the employee shifts that the employer knows would cause the employee hardship. In this example, the timeline shows that the employee put in the request followed by being treated poorly. This may imply that the employee was being punished for making the request which is prohibited by law. The employee in this example may have a claim against their employer for retaliation as well as discrimination. In order to carry out this claim, he or she should contact a Discrimination Lawyer to discuss their employee rights.
The test
As an employee who needs to make a request for accommodation or has made a request for accommodation regarding religious beliefs, there is a test that the law uses to determine whether the employer must recognize the employee's particular religion and/or practice. Firstly, the employee's religion must address issues and answer questions relating to the meaning of life, death, and the performance of faith. Secondly, the employee's religion must be all-inclusive in essence, having an actual belief system rather than a secluded form of teaching. Lastly, the employee's religion can be identified by the existence of visible and explicit signs, which for example being a vegetarian would not be recognized.

Last words
So what is religious discrimination and accommodation? Although the above information may somewhat answer this question, it is always best to discuss your employee rights with a Discrimination Lawyer. Each case varies and differs on the facts, therefore a one-on-one with a Discrimination Lawyer is the most efficient way to decide whether you should pursue the matter in a court of law. Make sure to reach out to a Discrimination Lawyer who offers free consultations to potential clients which include no other up-front costs.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:58 | نویسنده : Ahmad Hamidi |

Do I need to provide a doctor’s note to verify the need for a medical leave of absence?

Do I need to provide a doctor's note to verify the need for a medical leave of absence?

Taking a medical leave of absence is not ideal for an employee or their employer, but it happens. The law recognizes that sometimes things happen in an employee's life that they have little or no control over which is why there are legal standards that both employees and employers need to meet in order to comply with the applicable laws. Although employees do have rights when it comes to a medical leave of absence for certain reasons, the laws are indeed perplexing. As a result, some employees may find it difficult to even know what rights they have. Hiring an Employment Lawyer or a Labor Attorney would be the type of legal professional an employee should contact to discuss their rights and obtain advice from based on their particular situation.
There are federal and state statutes that regulate leaves of absence and/or affect the rights of employees who take a leave of absence. Although there are federal and state statutes that regulate leaves of absence, the good news is that an employee may utilize the applicable body of law that provides the most protection in their particular situation, which an Employment Lawyer or Labor Attorney will be able to determine. Below are a few points to keep in mind in regards to taking a medical leave of absence.
Who can take a leave of absence?
In most cases, an employee can take a protected leave of absence if they have what a doctor considers as a "serious health condition" such as an illness or injury. An employee may also have a protected leave if their spouse, child, or parent is diagnosed with a "serious health condition." Alternatively, an employee may take a protected leave for the birth of their child as well as to care for the child thereafter. Also, an employee may be entitled to a protected leave of absence for the placement of an adopted child.
Lastly, an employee may be protected in taking a leave of absence if he or she has a family member who is on active duty or in the armed forces.
Am I entitled to paid leave?
An employee is not usually entitled to a paid leave. In some cases however, an employee may be entitled to a paid leave if there is a policy in place at their particular company that ensures that the employee does receive paid leave. Each employee's circumstances differ so it is important to discuss the particulars of your case in deciding whether or not you were or are entitled to paid leave.
Do I need to provide a doctor's note to verify the need for a medical leave of absence?
In a situation where you need to take a medical leave from work, whether or not you need to provide a note from your doctor is a complicated question. Typically, if an employer requests a doctor's note, then an employee may be obligated to provide one from their doctor. Not providing a doctor's note may give the employer the right to deny the employee's request for a leave of absence.
If an employee does put in a request to their employer to take a medical leave of absence, the employer may give the employee a series of forms for their doctor to complete within a specific time frame. An employee who is given documents by their employer should have the paperwork filled out as soon as possible by their doctor and returned to their employer within the time frame specified by the employer. It will be helpful for the employee to keep a copy of all written communications with the employer and all documents related to the leave, as well as keeping a record of all verbal communications between themselves and their employer.
Is my boss required to give me my same job back?
A common concern that many employees have before, during, or after they take a medical leave is whether or not they will be reinstated upon their return. Depending on the specific facts and circumstances of the case, an employee may be entitled to reinstatement upon their return. An employee may have a right to reinstatement is if he or she has a "serious health issue" according to a doctor. In addition to having a serious health issue, the employee would need to have taken no more than 12 weeks of leave. This means that if a doctor diagnoses an employee with a serious health issue and the doctor advises in a form to the employee's employer that the employee needs a certain amount of time off, it would need to be no more than 12 weeks in order for the employee to be entitled to return to their same/equivalent position.
For example, after a recent visit to her doctor, Beth was diagnosed with a serious illness which required that she have surgery within the month. Her doctor informed Beth that after the surgery she would need to be on bed rest for at least 2-3 weeks. Beth is an assistant manager at the factory she is employed at and is now worried that if she takes time off for the surgery she will lose her job. Here, Beth is in a difficult position because she needs to take time off of work to address her medical condition and secondly, she is worried that she is going to lose her job or perhaps be demoted if she does follow her doctor's instructions to take time off. In Beth's case, she may be entitled to her same job upon her return. This is because Beth's doctor has recommended that she take 2-3 weeks off which placed Beth below the 12-week cut-off. Therefore Beth may not have an issue being reinstated upon her return.
Every case varies due to the complexity of the laws that regulate leaves of absence for employees. Certain factors may be taken into consideration in deciding whether or not you may obtain your original position such as how essential your position was at the company. If you are an employee and have questions related to a leave of absence, you should reach out to a Labor Attorney to discuss whether any of your rights were violated and if your employer complied with the leave of absence laws.




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تاريخ : پنجشنبه 27 ارديبهشت 1397 | 2:59 | نویسنده : Ahmad Hamidi |