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Archive for the ‘Employment Law’ Category

Employment Law About Redundancy

Tuesday, June 14th, 2011

Although employment law affects everyone in the workforce, it is arguably the most complex and most frequently changed area of law. Redundancy can sometimes be a grey area, and the law specifies that an employee can be dismissed by reason of redundancy only if the decision to dismiss the employee is based on the employer being required to reduce the workforce for a justifiable motive. Acceptable reasons to reduce a company’s workforce include the the termination of the position previously held by the employee, the need for the company to cut costs, the business closing down or moving and/or the introduction of new technologies and systems into the company, thus making the employee’s job unnecessary. The reason this can be a grey area is because sometimes, an employee can be made redundant based on another employee taking over their colleague’s job due to the termination of the position they previously held.

Another grey area can be found in the case whereby a company that decides to relocate obliges their employees to move. For employees unwilling to move, there is a fine line between resigning and being made redundant. Employees who have a mobility clause in the work contract can be forced to move within reason. Employees who decide not to move and do not have a mobility clause in their contract could be made redundant. Employers making 20 or more employees redundant within a 90 day period are said to be making a collective redundancy. Employers are obliged to consult with employees’ trade union officials or a representative elected by the employees. Failure to consult with a representative could result in a claim to an Employment Tribunal for a monetary award of up to 90 days pay.

Individual redundancies occur when less than 20 employees are made redundant. Redundant employees should be selected fairly, warned in advance and paid a fee for being made redundant. Employers are obliged to consider any alternatives to redundancy and take appropriate steps to redeploy affected employees. Employees who have worked for their employer for at least two years have a right to redundancy payment. Short-term and temporary employees who have been laid off for more than four consecutive weeks or six consecutive weeks, in the case of 13 week long employments, also have a right to redundancy pay. Employees not given the appropriate notice period of redundancy, are also entitled to receiving a notice pay. It is important to note that employees, who refuse an alternative job in the company, do not have a right to redundancy payment.

Workers Compensation Attorneys in California

Friday, March 4th, 2011

Seriously injured workers in California and their families need to understand California work injury law. In order to illustrate these points here is a workplace scaffold accident case study. The discussion includes a California workers compensation analysis and a California third party work injury liability analysis.

In common, employers enjoy the liberty of deciding where to give worker benefits or compensation. In California, however, the law states that the employer needs to carry Worker’s Compensation Insurance or be qualified for self insurance to cover any on-the-job injuries. Work related injuries or illnesses include limb disorders, heart and lung diseases, hypertension or severe accidents in workplace that even make individuals cripple for life. In these cases, workers’ compensation benefits may allow for money for time off during recovery of an injury, reimbursements of medical expenses or compensation for a long term disability or permanent impairment.

Getting the deserving compensation in the right way is not very easy and simple. Determining your eligibility to get compensation in many cases gives rise to complex issues which may lead to disputes denying your compensation or injury claims. Such situations get out of your control and what you need is a professional legal assistance of a Worker’s Compensation Attorney.

Employment laws and legal rules binding employment issues are continuously changing in an effort to keep pace with the changing modern society. Workers’ Compensation Attorneys are the appropriate persons who are updated and well informed with the latest employment laws and can help you making you aware of your specific rights and obligations as an employee.

Selecting the right attorney for your case may be an uphill task. Make certain necessary considerations while choosing your lawyer which includes the following: your Worker Compensation Lawyer must be patient and tolerant and a good listener, he or she must be able to analyze and understand the case by listening to you without doing any research or survey, he or she should demonstrate enough confidence to convince you that he or she is capable of handling your case and last and not the least is the fees he will charge for your case are based on the law and usually will not exceed 15% of your permanent disability settlement recovery.

Since 1993, the Law Offices of John E. Hill, A Professional Corporation has been dedicated to providing the San Francisco Bay Area with exceptional legal representation and the highest level of client service. Handling both workers compensation matters and car accident cases, the Oakland accident law firm has developed the skill and experience to confidently assist clients with their claims. They understand the emotional impact an injury can have on you and your family. The lawyers at the Law Offices of John E. Hill are not only skilled and tenacious litigators, but also compassionate individuals who look forward to helping clients receive the reimbursement they deserve.

The highly qualified team of car accident attorneys at the Law Offices of John E. Hill has the experience and dedication to assist you with your case. Their lawyers are ready to offer you experienced legal guidance and knowledgeable advice. Contact them today online or by phone to schedule a free consultation.