[mage lang="" source="flickr"]employment law rockville[/mage] Helping Others: What businesses and firms did
As 2010 nears its end, The Daily Record would like to note through its fifth annual Helping Others recognition campaign the contributions of time, money and other forms of support made by Maryland businesses, law firms and institutions to worthy causes during the year. Home builders Gorfine, Schiller & Gardyn has made an ongoing commitment to Habitat [...] Divorce Lawyer, Divorce Attorney in Rockville MD 20852
Why do the police seem so helpless against criminals?
Sure cops can make life difficult for law abiding citizens but the seem to be completely inept when it comes to stopping criminals. I see guys out in the streets selling drugs. Homes get robbed, cars get stolen. It seems the only thing police can do that actually has an effect is write tickets and arrest good people. As a law abiding citizen I fear being arrested because it can mess up my employment opportunities among other things. A criminal does not care about these things. Are their hands tied or do the cops just care about hurting good people?
Its like taking away the gun rights of the people. The only people who will obey a gun law are the people least likely to use them.
Police officers cannot work in a vacuum. If they don't have the cooperation from citizens who give them information then it is very difficult to stop many criminals. Why would you worry about getting arrested if you don't do anything against the law? It is actually extremely easy to follow the law of the land. I have lost track of the number of times that in my small town there were several people who knew exactly what was going on in the town in regards to who was doing B&Es but no one wants to get involved. Police need information and there is no magic way of getting this.
Also, I spend a lot of time going to calls where people are complaining that their 6 year old is getting beat up by the neighbours 6 yr old or complaints that their neighbour is putting snow in their driveway. Most police services are extremely understaffed, at least in my part of the world, and it takes many officers and lots of man hours to be effective against the crimes you mention.
Do you know what the number one complaint I get from people when I meet them? People speeding in their neighbourhoods.
As for arresting "good" people? I arrest people when I have reasonable and probable grounds to believe they have committed criminal offences. Are some of them "good"? Yes I suppose some of them are. But you can be a great citizen and neighbour and still hit your wife.
ITUC Spotlight interview with US Domestic Workers United
Brussels, 29 November 2010 (ITUC Online): As of 29 November this year, domestic workers in New York State finally have a number of rights recognised, following the enactment of a new Bill of Rights specifically protecting them. XpertHR valuable tool, by Fentons Solicitors
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Hello,
i would like to get some advice on which modules to choice on my 2nd year law degree, so there is 3 modules that i can choice from and i need to pick two of them ,
individual employment law
company law and business client
offences against the person and property
i would like to add that i was really good at criminal law in1 year and contract law i didn't like human rights at all most of it because of the lecturer, how ever can someone give small review on those subjects so i could make my final decision ?
cheers
offences against the person and property will probably the most varied and intellectually engaging
Four charged in Skyline drug bust
Four people have been charged in Skagit County Superior Court after about $10,000 worth of drugs were seized at a Skyline home in February. Five people were arrested when the Skagit County… Immigration Lawyer/Attorney - Overstaying & Employment Visa
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Clean Car Program to Promote Green Cars, Increase Savings
In the race to promote green cars among car buyers, legislations have been passed and marketing strategies have been formulated. In the State of California, true to Governor Arnold Schwarzenegger’s promise, these steps are already being implemented by the State government and the private sector.
The University of Michigan’s Transportation Research Institute (UMTRI) recently made a study concerning a possible incentive program which will promote the sale of green cars in California. The findings show that the incentive program can lead to a 33 percent reduction of greenhouse gas emission. The program not only helps the environment but also help drivers save on their fuel expenditures. The study found out that on an average, green cars can offer as much as $2,500 savings in fuel consumption.
The said program studied by UMTRI is known as the Clean Car Discount. This program offers a timetable of fees and rebates dubbed as “feebates”. The said feebates will be based on the amount of greenhouse gas emitted by the vehicle that car buyers will purchase. Of course, the less greenhouse gas a vehicle emits, the more the incentive that will be offered.
Currently, different clean car technologies are being employed by car manufacturers. In California, known as the hotbed of Asian car manufacturers, hybrid vehicles are the most popular green cars. The promotion of other clean car technologies such as clean diesels and flex-fuel vehicles is the aim of the new incentive program. Not only will the incentive program encourage car buyers to purchase green cars but also affect car manufacturers. “Our analysis shows that by harnessing the power of price signals, feebates spur consumers to purchase and manufacturers to produce cleaner vehicles,” says Walter McManus, the director of UMTRI’s Automotive Analysis Division.
The study conducted is entitled “Economic Analysis of Feebates to Reduce Greenhouse Gas Emission from Light Vehicles for California”. The said analysis is based on “The California Clean Car Discount Act” (AB 493) which is authored by State Assemblyman Ira Ruskin of the 21st Assembly District. The bill states that the California Air Resources Board or CARB must provide rebates to first time car buyers. The said rebates will be made available to those who purchase green cars or those with low global warming potential. The bill states that about twenty to twenty-five percent of cars and trucks will not be made available with the rebates. This may include large vehicles such as SUVs and pickup trucks such as the Chevrolet Colorado whether they are equipped with Chevrolet pickup traction bar or not.
The said legislation is expected to be considered by the California Assembly Appropriations Committee by the end of this month. Voting on the bill is expected to commence by early June.
The study made by the UMTRI examined the effect of the incentive program on the amount of greenhouse gas emissions released by vehicles on the State’s roads. The incentive program is also examined how it will work with the existing Global Warming Solutions Act of 2006 in reducing the amount of greenhouse gas released onto the atmosphere by cars and trucks. The study found out that the present greenhouse gas regulation reduces greenhouse gas emissions by as much as 26.7 percent. The said legislation enforces a limit on greenhouse gas emission by different industries in the state of California and imposes penalties for industries unable to comply.
With the existing regulation combined with the proposed bill which offers feebates at $18 for every gram of carbon dioxide emitted by a certain vehicle per mile, greenhouse gas reduction is 25 percent more than what the present regulation can do on its own. The present and the proposed regulation when used together can also help retailers earn by as much as 6.7 percent. This is because the feebates is expected to boost the sale of green cars. “We concluded that a feebates program combined with California's Pavley law is a potent policy solution to reduce global warming emissions because everyone gains - the consumer, the retailer and the environment we share,” says McManus. This proposed bill when passed into law will greatly reduce California’s greenhouse gas production since cars and trucks produced about a third of the total greenhouse gas emissions of the state. Presently, there are in excess of 20 million passenger vehicles on the state’s roads. That number is expected to rise by as much as 1.9 million vehicles every year.
About the Author
Anthony Fontanelle is a 35-year-old automotive.buff who grew up in the Windy City. He does freelance work for an automotive magazine when he is not busy customizing cars in his shop.
House Session 2010-04-14 (16:45:10-17:45:08)
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5 Things to Look For in Your Timesheet Software
How many business owners still use manual cash registers? Typewriters? Hand-written inventory sheets and business financial papers? Then why have your employees continue to slip a scribbled-on yellow card into a loud, antique time card puncher? By upgrading to timesheet software, and integrating modern scanning technology such as a thumb print scanner or magnetic card reader, you will improve your employee management and payroll, and save time and money in the process. However, in upgrading to payroll and time clock software, one must first know what features to look for. The following are the most important elements to a good, effective time clock program:
- Time in/out features accurate to the second, customizable and compliant to your payroll rules and local overtime laws. This is an important feature. Timesheet software can keep track of requirements of both your local government, and specific rules and guidelines that you set for your own business.
- Proper record keeping capabilities. This is probably the feature that will differ the most from program to program, but is absolutely essential to a complete time clock program. As a business owner, you will need to keep accurate records of attendance, total work hours, and overtime hours. And this information must be made readily available for a number of different purposes.
- Adaptability to security requirements and employee evaluation. Whether you chose to have your employees swipe an ID card to activate the time clock, or press their thumb against a fingerprint scanner, you need to be able to accurately research your employees attendance by day, shift, department, and task. With the standard manual time clock, employees could clock each other in, and give their employers a poor representation of the overall productivity of the business. With timesheet software, this is no longer a worry.
- Save time for your bookkeeper or payroll personnel. All calculations can be completed instantaneously, and either sent or made available to a number of computers on your network while still being processed in one primary location. Instead of wasting time at the end of the pay period with a stack of time cards and a calculator, tallying each employees work hours, eliminate this antiquated business task and free up your staff for more relevant needs.
- Prevent underpayment and overpayment of employees. When employees are accidentally underpaid, the general atmosphere of your work environment suffers. When an employee is overpaid, you are not likely to hear about it unless you catch the mistake yourself, thus losing money. Detailed work hour records-keeping will ensure that each employee is getting paid exactly for the time they worked, no more and no less.
For a low startup cost, timesheet software will greatly improve your business. Instead of spending hours tallying up work hours, you will have these reports available instantaneously at any moment, and free up time for much more important tasks. You will gain a more complete picture of your employee's work habits and be able to make more educated management decisions. Take the next step with your business and order timesheet software today.
About the Author
When looking for business timesheet software, have a look at Spherical timesheet software
With a free trial of their software, you can't go wrong!
[mage lang="" source="flickr"]employment law certificate uk[/mage] How long do I have to keep personal documents such as old bank statements and expired insurance certificates?
Is there UK law that states these documents should be kept for a specific amount of time? I have a whole heap of old paperwork including cheque stubs, bank statements, old employment contracts, P60s etc. - -what should I do with them?
Revenues and Customs can ask you to prove your income for any tax year in the last seven years, so after seven years you can shread them.
You can put shreaded paper into a recyle box or composter.
Do not just put them in the bin or recycle box as Identity fraud is at an all time high.
Contractor Insurance cover, complete cover offered by Tarpon
Pembina Pipeline first quarter boosts earnings and cash flow
Pembina Pipeline Income Fund announced today that it generated increased revenue, net operating income, net earnings and cash flow from operating activities during the first quarter of 2010 compared to the first quarter of 2009, primarily the result of expanding operations to include natural gas gathering and processing and reduced operating expenses. JCCC Board of Trustees Meeting 3-26-09
was it legal for my employer to fire me for being a college student?
background: I'm an 18 year old college student, and i go to school about 3 hours from home. whenever i'm home i worked at "company a."
so heres the deal: i was told i was fired because i wasn't available enough for the company. however, doesn't this go against fair employment laws? and there's a person who works about 8 hours a week. How can I be fired if she's not?
but there's a worker who is unavailable 6 days out of the week...and still employed. there's something wrong here i believe.
If you can't work the hours they need you, they can fire you and find someone who will.
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The Law of Attraction and the Science of Getting Rich
What are you thinking about right now? The Law of Attraction states that "whatever we think about, we bring about". This law may initially seem like new age fluff but believe it or not, there are scientific merits to this proposition. The top quantum physicists of our time have discovered that our universe and our reality is very much directed by the "observer".
When studying quantum particles (the smallest observable unit of matter), these scientists discovered that such particles behave in accordance with the person conducting the experiment. It the scientists "predict" that quantum particles behave in a certain way, they do. And yet, if the scientists "predict" that quantum particles behave in another way, they do. It is the "observer" that dictates the outcome of the experiment!
What does all this mean for us normal people? Well actually, these scientific experiments has far reaching implications for us as our world is made up of these same quantum particles! In this case, we are the "observer" the director and hence the creator of our reality, our world and our experience.
So, be careful of what you think about! for example, have you thoughts ever begun with the following phrases:
I don’t understand…
I don't want...
I’m frustrated that…
I hate my…
I can’t figure out …
I’m stressed about…
I’m worried that…
I should be able to… but I can’t…
Why am I having so much trouble?
The Law of Attraction indifferent to the words preceding your thought. Whatever you think about you will attract into your life. When you think "I don't understand why bad things always happen to me?", you are "attracting" bad things into your life. When you think "I want to get out of debt", you are attracting more debt into your life. When you think "I'm worried I will get sick", you are attracting sickness into your life! The Law of Attraction brings about what you focus on even if it is not what you want. Get it?
If you understand this principle, here are some examples of how to make the law of attraction work to support you rather than to act against you. Try observing your thoughts and changing your thinking in the following way:
"I want to get out of debt" to "I want to earn amazing riches"
"I hate my boss" to "I look forward to owning my own business"
"I don't understand why he is so lazy" to "I love it when he helps out around the house"
"I'm stressed about this project" to "I always create amazing results in my projects"
"I'm worried about getting sick" to "I experience vibrant health daily"
Now that we have a better understanding of the Law of Attraction, it is no surprise why so many people struggle with regards to money. It is been said that "the rich get richer while the poor get poorer". This is actually the Law of Attraction in action. Because the wealthy have money, they often think about how to best use their money and hence they attract more money. The poor on the other hand often think about their present lack of money and unfortunately, that also attracts lack into their lives. Currently, 96% of the world's wealth is being earned by just 1% of the population!
To address this issue, the main teachers behind the movie is launching a program is called "The Science of Getting Rich" and it is based on employing the law of attraction to create wealth. This amazing program is based on the principles and philosophies outlined in a book of the same title written in 1910 by Wallace D Wattles. This is the same book that inspired the movie.
What is the Science of Getting Rich about? Well in the words of Wallace D. Wattles, "The ownership of money and property comes as a result of doing things in a certain way. Those who do things in this certain way, whether on purpose or accidentally, get rich. Those who do not do things in this certain way, no matter how hard they work or how able they are, remain poor. It is a natural law that like causes always produce like effects. Therefore, any man or woman who learns to do things in this certain way will infallibly get rich." The Science of Getting Rich Seminar is all about teaching how to do things in this "certain" way to create wealth.
Click here to learn more about the Science of Getting Rich Seminar and how you can profit from the distribution of the program.
Why isn't constructing the border fence along the Mexican border part of the economic stimulus package?
If the politicians don't have the guts to enforce employment laws, maybe they can agree to build a border fence. American's need jobs in record numbers. It will be a disaster if any amnesty program is proposed before a fence is built. Stopping illegal immigration should be a top priority.
Who says it isn't!
Buy American clause means no crappy steel fencing from China, Or crappy concrete from Mexico. Both of which are used to build the border fence.
I hear along with the fence, they're going to put military back on the border.
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Can you help me find a website relating to federal employment laws? All I remember about the site is that..?
it had a link for a free credit report and a link to the DisabilityInfo website. It was the best site I found on employment law but can't find it again. All I have to go on are a few printed papges with no websites on them.
Just google federal employment laws =)
Best excuse for being late for work - CompBob! (7/6/2007)
Employment solicitors can be of great help in employment related issues, such as:
Employer-employee conflict
Recruitment policy formulation
Employment lawcovers all areas of an employer-employee relationship, with the exception of the negotiation process mentioned in the labour law. Therefore, employment lawyers can assist both the opposing parties in conflicts relating to:
Employee discrimination
Unfair termination of employment
Worker’s compensation
Harassment
Wages and work condition claims
Redundancy
Workplace injury
Employment Solicitors: Services Offered
The following are some essential services performed by good employment solicitors before providing employment law advice:
Check the employment practices of the organization – The solicitor will first look through the personnel records and review the recruitment procedure. S/he will then weed out weaknesses, if any, and suggest ways of resolving problem areas.
Offer regular meetings – Regular employment meetings are a part of the employment law advisory scheme offered by law firms. Solicitors will meet the HR department, managerial team and other important members of the organization on a regular basis. The purpose behind the meetings is to judge the terms of employment, disciplinary procedures, absenteeism, equal opportunities and similar employment requisites.
Provide an employment manual – An employment manual is a source of reference for maintaining good employment practices. The manual should include information on fair recruitment procedures, guidelines on drafting employment contracts and aspects of effective HR practices.
Provide a risk management report – Employment solicitors will provide a comprehensive risk management report, after reviewing your company’s current policies, practices and adherence to legislation. This report should include plans for improvement that would reduce the risk of disputes between the organizational head/s and staff members.
Provide insurance cover – An insurance cover proves useful in case an employee files a case against your company. It will cover the legal expenses of defending employment disputes up to a limit of £100,000 per claim. Sometimes it also covers compensation awards and out-of-court settlements.
While looking for employment solicitors, ensure that you receive employment advice that is worth the money you spend. You must look for reasonably priced lawyers, rather than looking for the cheapest option. Lower rates might entail inexperienced solicitors who would lack the practical knowledge and abilities of an experienced lawyer.
For employment solicitors who provide comprehensive and accurate advice on employment-related issues at reasonable rates, visit www.rosendorff.com.au. Rosendorff Lawyers have some of the best solicitors in the nation.
About the Author
Employment Lawyers - Rosendorff Lawyers is a Melbourne law firm based in Queens Road in Melbourne. Our tenacity, combined with our technologically advanced infrastructure, allows us to deliver seamless, commercial solutions.
Important Tax Law that must be understood and adhered to.
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Our car repairing company offers workers with a uniform. At off-duty and not acting during the course of his employment, a uniformed worker took charge of a client's car at the entrance of the repair workshop. The worker then stole it.
Advise the company
Because is is my homework, please only specify the main issue of the case and briefy explain. I wanna do it by myself.
In this case I would say the Company was liable ..
They should not have allowed an off-duty worker to take a uniform off the premises nor should they have allowed an off-duty employee onto their premises .. (I expect theses an implied 'Duty of Care' or some such towards customers coming onto their premises)
IF, on the other hand, they can produce paper-work showing that the worker had been fired the day before and that other workers had been warned to to allow him/her back onto the premises (and the car was taken from the public highway), I'm going to guess they are not liable ..
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[mage lang="" source="flickr"]hr employment law certificate[/mage] Seeking advise.. I got a 1 year ban after finishing my 2 years unlimited contract?
I worked at a 4 star hotel and I finished my 2 years of service last Jul 2007, When I came back last Oct 2007 from my vacation, I was given a new position and was transferred to another department in the hotel. After a month, I received a call from one of the distinguished banks here in Dubai and they offered me a nice position in their Company. They presented me with their offer letter and asked me if I could start as soon as possible. So I resigned last Dec 2007 and had my exit interview with our personnel who informed me that he cannot obtain a "No Objection Certificate" for me. On top of that, the hotel gave me a ban. I just wanted to make sure that the hotel has the right to impose a ban and deny me a No Objection Certificate? Is this under the UAE labor law? Are all of these things presented to me by my HR Manager true and correct? Can I come back to Dubai with a new employment visa(under immigration) sponsored by the bank?
The following Q&A's have been provided to help you better understand Employment Law.
Q. Following the introduction of Workchoices earlier this year although I work for a company having less than 100 employees do I still have any remedies left?
A. Yes. You are entitled to bring an action against your employer where there has either been a breach of an express or implied term of your contract of employment.
Q. Although the company for whom I am working is not meeting budget the area in which I work has exceeded budget but I am being put under increasing pressure to improve output?
A. All employers have managerial prerogative but where this is unreasonably exceeded and this has been raised with them, this can constitute a breach of your contract of employment. The particular circumstances which apply are extremely important in assessing the extent to which an employee has an available remedy.
Q. I approached my employer asking could I take leave without pay and they asked me to resign on the basis that when I returned all I had to do was reapply for my old position and it would be given back to me. I did this and on my return I put in my job application and other applicants were successful and I was refused. Can my employer do this?
A. No, as any employer who does this is contractually bound to fulfil the terms and conditions of the verbal contract entered into with their employee and if they fail to do so it is enforceable.
Q. My boss came to me and asked me to admit someone to our computer network without the property authorisation. I refused to comply and ever since I have been singled out by him and serially abused, ignored and made to feel unwelcome. Is there anything I can do?
A. Yes. It appears that you are being harassed and bullied and as a result you can seek redress from your employer.
Q. I have been working with the same company for in excess of 10 years and recently a new manager was appointed to my department. He has been riding everyone but particularly myself as it appears he wishes to make changes and bring in his own supporters. I am under stress and my health has deteriorated as a result. What should I do?
A. If you are under-performing then you should address the performance issues as quickly as possible otherwise the manager may terminate your services for any of a number of reasons including poor performance or operational considerations. If it be that you are being ridden and performance-managed in an endeavour to either get you to resign or be terminated then there are a range of things you can do. They include everything from unfair dismissal to suing for breach of contract, including breach of implied terms, which are extremely important in this context. Bullying and harassment should not be forgotten and if there is any hint of some form of actionable discrimination then this should be pursued also.
Q. I was recently fired for serious and wilful misconduct because my employer thought I had taken stock without paying or accounting for it. What should I do?
A. If you have been summarily dismissed and your employer has refused to allow you to explain the situation either thoroughly or at all then you are entitled to take action against him/her either for unfair dismissal if available or breach of contract.
Q. Recently I applied for a job and after the second interview was told by the recruitment agency that I had it. Subsequently I received a telephone call stating that they needed to carry out a criminal record check and I advised them of a minor transgression which had been dealt with by the court not leading to conviction. After this things got out of control and the agency told me that my application was unacceptable to their client and I should look elsewhere for employment. What should I do in the circumstances?
A. Obviously the agency offered you a job which you accepted and they badly handled the matter when explaining this to their client such that the problem is theirs, not yours. In these circumstances you are entitled to take action but the question becomes whether this will prove to be cost effective and will the amount to be obtained either as compensation or damages be sufficient in the circumstances.
Q. I am currently working for a very intense person who is overbearing and difficult who constantly threatens and swears at everyone yelling at them and standing over them unfairly pushing them to do as much work as possible. What should I do in the circumstances?
A. Given the type of work environment it is obvious you have a right to proceed against your employer for bullying and harassment. Not only are you able to do this under the general law but if it is having an impact on you there may be issues associated with the Occupational Health and Safety Act as well.
Q. I work for a government department and believe they are trying to get rid of me saying that my size interferes with my ability to carry out my work. I feel uncomfortable, as I believe I am being set up and the union is also involved. What can I do in these circumstances?
A. As you know with all government departments there are fixed procedures which need to be followed and if they are not issues such as the lack of procedural fairness will arise. In all of these cases it is important to find out what your employer is planning and should they invite you to attend a meeting to discuss your future then make a request of them that you be allowed to bring a support person with you, preferably your solicitor. Normally this would be agreed to and it is a far better way to proceed as your employer will have at least two people in the room when you are interviewed. Government departments normally follow a very lengthy process before an employee's services are terminated.
Q. I was formerly employed by a company which has gone into liquidation owing me approximately $12,000 in unpaid wages. Is there anything I can do about this?
A. The best thing you can do would be to approach GEERS and see whether you are entitled to some form of compensation from them. Of course they will require proof of your entitlements and the best way to do this is to furnish them with whatever pay slips you currently hold. If you have lost or destroyed these documents then you will need to approach GEERS as to what other forms of proof they will accept to validate your entitlements.
Q. Since the Federal Government introduced Workchoices I am really confused as to whether there are remedies apart from the Workchoices legislation?
A. Most people are aware that provided you are working for a constitutional corporation the landscape for unfair dismissal claims has changed markedly. If you work for a company which has less than 100 employees then unfair dismissal is no longer an option for you whereas where you are working for a company with more than 100 employees then you are entitled to bring an action for unfair dismissal or unlawful termination provided you are a full time employee. In addition claims which can be made include breach of contract, breach of the Trade Practices Act, misrepresentation and anti-discrimination.
Q. I am having a number of issues with my boss at work due to his behaviour as he frequently swears, writes threatening emails, bullies, sets unreasonable deadlines and is trying to performance-manage me out of the operation. What can I do?
A. Obviously if you have been with your employer for some years and provided your earlier performance is in contra-distinction to what he is now saying then you would have a number of legal remedies available to you. It is essential in cases like this to make sure that you do everything possible to acquit at work to avoid criticism. Remember you can retain a solicitor to intercede with your employer and if this does not work then pursue your legal remedies.
Q. I was hired by an accountancy firm and terminated without notice without any reason given for my dismissal. Do I have any right of recourse?
A. Yes. Generally speaking the courts take an extremely poor view of someone being terminated without just cause and where no reason has been supplied. Obviously you need to see a lawyer to make sure your position is fully protected.
Q. This year I went to an office function and become a little untidy. Whilst I was taking photographs a girl lent over in front of me and I took a shot of her cleavage. After sobering up I suddenly realised there could be issues and I discovered that one of the persons to whom I had sent all the photographs including the one of the girl, had circulated this to everybody in the office. What should I do?
A. The first thing is to go and apologise to the girl and make sure there is no ill will between you. Next you should explain to your employer what your circumstances are and apologise to them for any inconvenience or problems that might result. Provided this works there should be no complaints of sexual harassment and the matter should die a natural death. If the matter escalates then you may be in trouble for serious and wilful misconduct and your services terminated.
Q. Recently I was retrenched and given one month's pay in lieu of notice together with my current month's salary. Unfortunately I was not paid for my annual leave or my current bonus which it vested and my unvested bonus which is now due and payable. What should I do?
A. You are entitled to take action to recover these outstanding monies, the only issue may be in regard to the current bonus which was not vested at the time your services were terminated.
Q. Approximately two years ago I joined a car dealership which is rather old-fashioned in the manner in which it transacts business between the finance and sales departments. An insurance provider suggested to the management that I was not doing my job properly and as a result I have been reprimanded being held responsible for the poor performance of my area which is ludicrous as the sales for this year in my area are the same as last year when the market was booming. What should I do?
A. As both departments have not been integrated it is hard to see how you could be blamed for this situation, particularly as the downturn was in new car sales and not insurance products which are performing in line with the previous year. It seems that your department must be more effective this year than last as you must be converting more deals this year to maintain last year's figures. Irrespective you need someone to intercede on your behalf with your employer to cogently put your point of view and if they are unaccepting of this and your services terminated then you should proceed against them for unfair dismissal and look at what reasonable prospects you may have of proceeding against the insurer for defamation.
Q. I have been with the company as a permanent-casual in excess of 10 years and am wondering whether or not I can make an application to become a permanent employee?
A. Yes. Any employed person who has been working continuously and systematically for an employer for either 6 or 12 months is a deemed permanent employee and all that has to be done is to make application to the employer to convert your status. If anything negative transpires approach a lawyer to enforce your rights.
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Employment Screening - What the Trend in Online Databases Means to the Industry
The most prominent trend in the employment screening industry has been a proliferation of online databases offering cheap background checks. Any one can access the internet and with a quick search be able to purchase, for example, criminal records for a low fee. While that is very appealing to companies looking to trim the budget on background checks, it may in fact be a dangerous trend.
What do the companies say that have been running background checks, back when employment screening “industry” was just a concept and not an accepted practice?
Tom Lawson, the founder of APSCREEN, the oldest screening firm in the country, says “The necessity of a background check has been established now, and that's why we are seeing such a proliferation of people getting into the business - particularly because the internet makes it an easy field to enter because of the low start-up costs.”
Lawson continues, “But back in 1980, when we practically invented the concept of employment screening, companies had to be convinced that there was a good reason to spend money on background checks. We have always been a business that focused on training our specialists to screen applications for completeness, thoroughness and accuracy and provide our customers with individualized service. This trend of online databases is very disturbing to us because the potential for error and liability is very high.”
The Dangers of Databases - Caveat Emptor of the Quick Turnaround
Databases are only as good as the search logic used to retrieve stored data, and search logic is expensive and only as good as the amount of money the database companies are wiling to invest in it. Unfortunately, the advent of the internet has made starting an online business easy for anyone. As a result, many companies that start an internet “data selling” business do so because the start-up costs are small which means the databases can only provide limited information.
Even worse, most online database providers lack an intimate working knowledge of how to screen potential applicants. Their focus is on selling units of information for profit.
Database companies cannot simply use off-the-shelf software to retrieve publicly compiled repository information. It comes in too many proprietary “operating systems' and while good, expensive search logic helps to delineate between the different languages of the information entered into the database company's archival system, it can NEVER be 100% “competent”, even if it is a very “robust” retrieval architecture.
By the sheer science of databasing, 100% information retrieval capability is impossible, unless (as demonstrated recently by the IRS and FBI Computer fiascos) the “source” data originates from wholly compatible systems. This means that going in you can never expect to have a complete file when you compile data from different systems. This results in “data drops” in which bytes of information mysteriously disappear, as well as computer viruses which can reside undetected in mainframes for years and indiscriminately wipe out data, which would be undecipherable in a foreign operating environment, such as a third party compiler.
A classic example of this occurred on January 17, 1990, when screening client District Cablevision received a now infamous incorrect report of a felony cocaine conviction on one James Russell Wiggins, which was not verified for accuracy or its relationship to the subject Wiggins, and which resulted in a serious elimination of candidacy lawsuit brought against the provider based upon slander. This error dealt a major blow to the reputation of the provider and resulted in the payment of a substantial monetary settlement. (US District Court, District of Columbia; Civil Action 90-199; Wiggins (et al) v. Equifax Services, Inc. (et al).)
Database companies outnumber legitimate employment screeners almost 75 to 1 in the industry today. The main problem with such vendors who advertise “nationwide criminal checks,” “statewide criminal checks,” “instant”, or “online,” is the veracity of the data they are selling and the competency of the search used to retrieve the data.
Many vendors acquire data from a multitude of sources, not having any idea who compiled the information in the first place. This data is then combined into each vendor's own format, which often does not contain complete information. The common term in the database industry is “data drops,” which in addition to the above meaning also means that not all of the data, such as criminal record information from a court jurisdiction that is put into the database, is available to be extracted, retrieved or researched. This occurs because of the following:
1. The bridge software used to import the jurisdictional data into the database company's memory banks can never be 100% reliable, as long as the compiler is gathering information from “foreign” repositories
2. The computer has to handle many different formats while compiling information into a standardized format so that some of the data simply does not transfer.
This is a problem because of the technical department's inability to inform the sales/marketing department properly as to the database's limitations or unwillingness to tell the customer that the product it is selling may be deficient in some areas. As a result, approximately 5 to 8% of the data is lost. That means that there is a 92% to 94% chance (at best) to identify a record on a candidate. Also, data drops are indiscriminate. Rape convictions are dropped as easily as traffic tickets.
The second problem with databases is the psychological dependence they engender on those using them. As time progresses, the databases' ease-of-use causes the user to forget just how important it is that the database be accurate and complete, and that the need for thoroughness in screening an employment candidate should never vary, as to ensure consistency in the screening process, thus precluding the successful prosecution of the employer for Title 7 claims. The results of falling into this pattern of laziness can be disastrous as litigation may not be far behind.
Crucial Steps in the Employment Screening Process
Historically, and until the late 1970s when the “personnel” department recognized the need to get involved in employment screening, background checks were performed by security departments - typically comprised of highly qualified, and often retired professionals.
Today it's up to the HR department to create the mandatory steps needed to develop a thorough employment screening procedure including for starters, a positive candidate identification process. If this isn't the first step in the background check, the results of your searches could be faulty and therefore prove useless.
For example, critical identification data needs to be gleaned from credit bureaus and other repositories including unused maiden names, or intentionally omitted information such as date of birth and variations in social security numbers. This is where the difference between true employment screeners and data sellers comes into play. It takes years of experience to be able to differentiate, for example, intentionally omitted information versus an honest mistake.
The same holds true for incomplete disclosures such as partial criminal history in which the full story can dramatically change your assessment of the applicant. One such case involved an applicant who disclosed to the company that she was convicted of trespassing. When the criminal check came back, however, it was discovered that while she had indeed told the truth that she was convinced of trespassing, she had also been convicted of trafficking in child pornography and possession of controlled substances - a serious error by omission.
Hiring decisions must not be made on partial, incomplete or incorrect data, but on thorough information and a consistent application of thorough scrutiny of all of the information regarding criminal, credit, work and education history, driving attitude, whether or not the candidate has completed the application completely, as well as identity disclosure.
A screener must have extensive knowledge about each vendor source to make the appropriate follow-on decisions that develop into a full and comprehensive report.
Online databases don't provide highly trained researchers who can spot “red flags” and other indicators in an application that demand further consideration. You can only get this kind of service from an interactive screener who has years of experience in processing background checks.
Another reason online databases can be cause potential liability is because most databases contain information that may not be used in the screening process such as arrest records, or unadjudicated matters, or matters for which an expungement exists at the Court but is not reflected in the database.
As previously stated, professional background checks require an experienced researcher who knows what to look for including: verifying a applicant's true identity, obtaining verification of past employment and education, fully investigating the applicant's criminal past (a skill that requires an intense, and multi-level knowledge of court procedures, credit evaluation including legal records such as bankruptcies, tax liens and judgments, driving analysis, as well as a history of being a sex offender or involved in domestic violence or retraining orders for stalking. All of the factors contribute to, but may not necessarily be germane to the job description, at hand, and while exciting, could lead an employer into court, for using the information to deny candidacy, for inapplicability.
By now it should be fairly clear that professional background checks are a comprehensive package that far outweigh any “bits and pieces” of information that can be provided by any individual online database. When a person is thinking about hiring someone and they believe that “all I really need to do is run a fingerprint check,” they are really missing the point. So much more information is needed to make a careful, informed hiring decision. Besides, only police departments run fingerprint checks, not employers.
Liability Risks of Not Performing Background Checks
In today's hiring environment employers face ever increasing potential for liability from the workplace when they choose not to do background checks on their news hires. Those liabilities include:
· Premises liability for not safeguarding customers from employees who steal, lie, cheat or injure
· Negligent hiring liability in the event of violence or fiduciary malfeasance, for not providing other employees a safe place to work
· Termination or investigation of the individual who hired an applicant who later steals from the company or exposes the company to the above-mentioned liabilities.
· Litigation under officer/director liability theories because of incompetent or inept hiring practices involving the company and/or person who hired the employee
To prevent this type of litigation, a company must have established a refined HR policy that includes a professional employment screening component.
You must become knowledgeable about employment laws which a good background screener can help you with. For example, did you know that it is illegal to make a decision to not hire someone based on an arrest record alone? Usually, the only time it is legal for a third-party provider to release arrest information is in the case of daycare providers and nuclear facility workers. An employer, generally is not allowed to ask about arrests and cannot use this information to deny employment
Critical Tips For Choosing an Employment Screener
So what should you be looking for in an employment screening company?
First of all, look for longevity. The longer a company has been providing background checks, the more experienced it is, and as a result, the knowledge, they will have in recognizing the signs of a “suspect” applicant. This is a field where screeners need not only be highly trained, but have extensive experience.
Ask for references and then call them. You want a company with an extensive and positive track record of providing factual information so you can make an informed hiring decision.
Look for the company's professional memberships in organizations such as ASIS, SHRM, PIHRA, NPRRA, NAPBS, as well as others. This indicates a combined knowledge of the screening and security industries.
Do you as the hiring company; have a complete knowledge of employment law? If not, you need your screening company to know the laws involving background checks. If is extremely beneficial if you hire a company that has an acute knowledge of “negligent hiring” practices, much in the way that an Expert Witness would know.
The company should have an intimate, thorough and long-term knowledge of the Fair and Accurate Credit Transactions Act (FACTA), and the Fair Credit Reporting Act (FCRA), as well as Sarbanes-Oxley, the Gramm-Leach-Bliley Act, and the myriad local statutes that may or may not apply to the employment process. They should also have the ability to testify for you in a court of law if need be; or even better, keep you out of court in the first place!
Does your prospective screener have knowledge and understanding of current HR management systems? How about corporate due diligence programs or factual employment screening programs that train people to find fraudulent applications and false identities?
Are you beginning to see how there is so much more to background checks than first meets the eye?
In short, can your vendor help keep you from unwanted litigation? Unless you or someone in your company is an expert in employment law, you are putting your company at significant risk by using an online database provider. If you are using any of the multitudes of online databases, it's not likely you are protected.
Not only do these online companies increase your risk of exposure, they may even add to it. For example, let's say you are currently using an employment screener that does not require you to provide a signed release for each applicant. Sounds relatively harmless, doesn't it?
The truth is what these companies have done is had you waive liability to them when you signed up for an account so they can avoid the time and effort it takes involved in this critical step. Their focus in on increasing their sales; which isn't necessarily in your company's best interest.
In the case of a credit bureau audit, your company is now responsible for producing an original signed application and therefore also liable if you don't have one on file. A good employment screener is not only a long-term certified credit bureau, they also provide signatures for these audits on a regular basis and you should never even know when theses audits occur. A typical lawsuit of this nature could cost your company six figures. There is no upside for a company purchasing background checks to take this kind of risk.
What type of criminal conviction research, hand-researched or online databases, does the company provide? Most companies do not realize that there is absolutely NO single source of information available regarding criminal convictions. It doesn't exist - anywhere. Do they verify these discoveries against subject identifiers and if so, how?
Does your online provider claim to have worker's compensation claim records? Any information provided regarding worker's compensation claims potentially provides a false sense of security for the user. The truth is the only records available for worker's compensation are appeals, not claims, and much of the available files are sealed because they are not as yet adjudicated. This means the file competency rate for this type of data is about 40% - not good enough.
Does the employment screener have international research capability? If not, how will they screen people you might want to hire from overseas? Without the kinds of connections and a network of relationships developed over long periods of time, this information would be almost impossible to get.
Has the company you want to hire ever been involved in a litigation themselves for improper screening processes? Can they provide you with at least three long-term references? Do they have professional liability insurance including errors and omissions? Are they FACTA, FCRA; CCRRA, and G-L-B compliant?
And of course you need to know the practical things such as cost, turnaround time and reporting method. Many competent employment screeners are listed in publications such as the Security Industry Buyers Guide as well as industry publications such as those connected with the Society of Human Resource Management (SHRM) and the American Society for Industrial Security (ASIS).
What is needed now in this industry is a standardization of compliance for employment screeners and someone to step up and create an industry co-operative that can police it.
About the Author
Cathy Taylor is a marketing consultant and freelance writer and can be reached at creativecommunications@cox.net
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Best Practices In Negotiation: How to Master The Art of Everyday Negotiations
I have to admit that I invest most of my time teaching “big-ticket” negotiations in my seminar, “Best Practices in Negotiation,” which I conduct at colleges and onsite at organizations.
This is only natural because on an intuitive level we believe we have the most at stake when we’re bargaining for cars, homes, better compensation, and on behalf of our employers.
But if you take a closer look at the sheer number of opportunities we have to negotiate, most of them involve transactions that fly under the radar, small exchanges at the supermarket and the local retailers.
For example, recently I tendered two coupons for baby food. These are good incentives, offering one dollar off, each. But there’s a catch, as I found out yesterday when I handed them to an overly scrutinizing clerk.
I had to buy certain quantities not only of that brand but specifically of certain sub-brands, such as organic this or that, or vitamin fortified foods.
Talk about picky! Well, I said to the clerk, “No problem. Let’s just eliminate the baby food from my order, and I’ll come back on another day and get the right items.”
He was a little surprised. I didn’t buckle under to the retail prices, and I wasn’t afraid of losing face by saying, implicitly, “Look, without coupons, these foods aren’t worth your price!”
A few days later, I came back with a different strategy.
(1) I resolved to forum-shop, which in the law means selecting a court or a judge, if you can, who by dint of history or reputation is sympathetic to your type of cause. In the supermarket, this means standing in a “nice” clerk’s line. You’ll know them when you see them.
(2) I decided I’d comply with one of two of the manufacturer’s requirements. I would buy the right number of items, but I would only buy what we use, the main brands, and not the exotic sub-brands.
(3) I tendered the coupons after all of my items were scanned, instead of handing them to the clerk, first. The psychology of this is slightly different, and in my experience clerks are less meticulous in lawyering the fine print if they receive the coupons when the whole order is rung up.
It worked, and the clerk remarked, “Hey, those are great coupons!”
No kidding.
If you want to refine your negotiation skills, use your already better-than-you-know common sense to (1) Forum shop, selecting the best, most sympathetic negotiation counterpart; (2) Use partial compliance with the apparent deal requirements, but sticking to your ultimate preferences on the major points; and (3) Be sensitive to the order in which your introduce deal points, noting that when the horses have left the gate, it’s easier for someone to go with the stampede, instead of declaring a false start.
Can A Single Word Cause People to Cave-In to Your Requests?
We should also become aware of our phrasing of requests when negotiating. Everyday language should be augmented with special insertions. A tiny change here or there can make a world of difference in getting or not getting what you want.
For example, a behavioral experiment was performed in a common situation, when folks are standing in line, waiting to be served. If there’s one thing we resent, it’s when others sneak in ahead of us. If we think that is about to happen, we’ll close ranks, send hostile, “Don’t even think about it!” visual warnings, and expand our body bubbles to the bursting point.
In this study, an experimenter asked if he could cut in line ahead of another person. Approximately one quarter of those that were asked allowed him to do so.
But when he added just one word to his requests permissions skyrocketed to about two-thirds.
And what was that word?
“Because.”
“May I jump in ahead of you because I have to pick up my kids?” is a much more powerful request than saying, “I have to pick up my kids. May I jump in ahead of you?”
“Because” is powerful because it offers a justification, suggesting that a request is reasoned out and reasonable. There’s force and logic behind it, or so we feel, when this little word is used on us.
Try this in your small and big negotiations. It could make a huge difference in getting compliance instead of conflict.
Phrase Your Observations From A Calmer Point of View
My wife and I were buying some stockings for our toddlers and we brought them to the counter to take advantage of a two-for-one sale.
When both pairs were cashiered at the standard price, we balked.
“No, these are not identical pairs,” the clerk chirped.
“But they’re both polka dots, marked the same price, and of the same make,” we rebutted.
“Sorry, but they have to be exactly identical, I mean the polka dots must be the same colors.”
Of course, this was bizarre, but a Zen-calm overtook me, and I decided to change my negotiation approach from contentious to cooperative.
“Gee,” I said slowly and kindly, nearly whispering: “This must be a very difficult distinction for you to explain to customers!”
Rolling her eyes, she confided: “Yes it is! That’s what I told my general manager, and she didn’t get it. Hey, I’ll just give you the two-for-one price, okay?”
“Great!”
This dialogue changed course because I introduced “meta-communication.” Meta-communication is the process of bringing attention to HOW we’re communicating to improve our results.
In this case I empathized with how arduous is must be to justify something that isn’t easily justifiable.
When negotiations become heated, it pays to say: “I’m sensing we’re getting a little emphatic about this and I’m going to lower my voice a little. Now, that’s better!”
It’s almost like bringing in a referee into the middle of the conversation, but that peacekeeper isn’t a third party, it’s you! Suddenly, it’s as if a better, calmer, more congenial voice is introduced, saying we can get beyond this.
Don’t wait until “big ticket” occasions to polish your bargaining skills. Burnish them every day, in every way, and when the really significant transactions come along, you’ll be ready!
About the Author
Dr. Gary S. Goodman is a top telemarketing speaker, sales, customer service, and negotiation consultant, attorney, TV and radio commentator and the best-selling author of 12 books, including REACH OUT & SELL SOMEONE and YOU CAN SELL ANYTHING BY TELEPHONE! He conducts seminars and speaks at convention programs around the world. His new audio program is Nightingale-Conant's "Crystal Clear Communication: How to Explain Anything Clearly in Speech & Writing." His web site is:http://www.customersatisfaction.com and he can be contacted at gary@customersatisfaction.com.
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What Should You Study to Become a Personal Injury Lawyer?
Often referred to as a trial lawyer, a personal injury lawyer represents people who claim to have been injured, physically or emotionally, due to the negligence of a company, government agency, business, institution, or other person. Personal injury lawyers tend to be experts in an area called tort law that includes civil wrongs, vehicle collisions, medical errors, work injuries, assaults, defective products, slip and fall accidents, and much more. Damages sought usually involve financial compensation for harm to a person's health and well being, property, or reputation.
In order to practice law in the United States, a personal injury lawyer must pass a written bar examination. Most states require applicants to have completed a four-year college degree and a law degree from an accredited law school. It is valuable to obtain a bachelor's degree in an area of study that requires a lot of writing, researching, and reading. Good choices include a bachelor's degree in political science, history, English, or economics. It would also be helpful to take electives that relate to personal injury and the law.
To gain an even greater competitive edge over other law school applicants, one may want to take a Bachelor of Science Degree in Personal Injury. This degree provides basic skills such as communication skills and critical thinking. You will develop other important skills that include research, litigation preparation, analyzing medical reports, brief preparation, case law analysis, and damage presentation. You will also learn how to assess product liability and insurance claims. Areas of study include liability limitation, motor vehicle insurance claims investigation, pre-litigation protocols, instructing expert witnesses, tactics and negotiations, technical competencies in insurance law, product liability, medical records summation and review, and medical malpractice litigation. Many universities offer master's level degree courses and confer advanced degrees with concentrations in personal injury. It is important to be aware that the first half of a three year law school concentrates on general law areas such as contracts, torts, property law, and constitutional law.
All states require a personal injury lawyer to take the Multistate Bar Examination (MBE), the Multistate Essay Examination (MEE), and the Multistate Professional Responsibility Examination (MPRE), and a state bar exam.
Personal injury lawyers focus their practices on personal injury cases. To help personal injury lawyers stay up-to-date on legal issues, they must complete a required number of continuing legal education (CLE) courses. To be certified as a specialist in personal injury, a lawyer must complete a specialty certification program accredited by the American Bar Association (ABA).
Lawyers who have completed a specialty certification program in personal injury are recognized as personal injury specialists.
There are a number of steps one can take before attending law school, during law school and after graduation in order to specialize in personal injury law:
- Research law schools to make sure that the American Bar Association has given the schools accreditation.
- While attending law school, acquire a clerk position at a law firm specializing in personal injury. Study personal injury cases that come into the firm. Develop relationships with personal injury lawyers that work at the firm. Learn about all of the types of injuries that can cause various types of medical conditions.
- When you have graduated and employed at a law firm, develop a good relationship with experienced and respected doctors so you have a list of quality medical expert witnesses.
Personal injury is one of the most profitable areas of the law. Since getting into law school can be very competitive, it is important to obtain the best education. Do your research to find the best bachelor's degree that will make you stand out from other applicants.
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You Must Earn your Degree Online From the Best Online University
Your degree is so important because it will help you to secure a good job after you graduate from your college and it determines how smoothly your career will get started. If you choose to pursue your degree online, you need to ensure that you are getting your degree from the best online university.
There are many good online universities that offering good degree programs. But the best online university should offer online degree program that have courses to fulfill your career goal. Before you enroll into any of online degree program, request as many information as possible from online universities which offer online degree of your selected career field. Carefully review the courses offer by each program, short listed the programs that best fit your career needs.
Imagine what will happen if you just realize that your degree you use to apply a job position is a "fake degree", even worse if it is discovered by your potential employer. It would better you put some efforts to ensure you degree you going to pursue is from a reputable online university which are issuing a "real" and valuable degree to their students. Prestige & reputable online universities are properly accredited by an accreditation agency that is recognized by US Department of Education. An online university who has gone through a proper accreditation process shows that their online degree programs are meeting a certain education standard that is accepted nationally in the job market. Check again your selected online universities against accreditation database from CHEA.org and make sure they are listed.
Famous movie stars are known by most people, same goes with famous online universities, it will well known by most companies and the bosses. Getting your degree from an online university which has created its brand and a good reputation in the job market will surely make easy for you when you enter the job market later. A degree from a reputable online university will make your resume look good and it makes easy for the hiring manager because he does not need to further verify your degree.
University of Phoenix, Kaplan University and Capella University are among the top brand online universities which are well known by most of employers. There are many online universities that are offering a career or field special focus online degree programs; for examples Chamberlain College of Nursing provides health & nursing related online degree program, Concord Law School focus on online legal / law degrees and all degrees offered by Indiana Business College are business field related degree programs.
The best online university does not necessary offers the best online degree program in the subjects. There are online universities which are not among the best if compare to those top online universities, but it has certain online degree programs that are well know and getting many good positive feedbacks in the market. You may want to consider these online universities if their best online degree programs are among your degree of choices.
Summary
Getting a degree from a well reputation online university will make easy for you when enter the job market after graduation. You need to ensure you are getting a degree from the best university so that you degree will make your resume look good and draw the maximum attention in your job application.
[mage lang="" source="flickr"]employment law payroll deductions[/mage] President Obama's Remarks at Industrial Support, Inc. in Buffalo on May 13, 2010
Transcript Provided by the Office of the White House Press Secretary
Documents related to council investigation remain sealed
Multiple Open Public Records Act (OPRA) requests denied, citing 'attorney-client privilege' CompBob! - A psychiatrist conducts a simple test
When it comes to employment law, there are often misconceptions as to the obligations and rights of employers. Listed here are six of the areas where these most commonly arise, together with some suggestions and clarifications as to the best way to protect your business and your employees.
1. Health and Safety
There is a raft of legislation dealing with specific health and safety requirements and workplace hazards. For information, see the Health and Safety Executive website at http://www.hse.gov.uk . In general, all employers have a statutory duty to ensure, so far as is reasonably practicable, the health and safety of their employees and to take reasonable care to protect the health and safety of anyone else who may be affected by the business and its activities, such as customers.
Carrying out risk assessments is an important step in protecting your workers and your business, as well as complying with the law. It allows you to place your focus on the risks that are key to your working environment - those that have the potential to cause serious harm. Health and safety arrangements must be monitored continually, so it is vital that you start from a carefully thought out policy. This will help you review and manage preventative and protective measures.
All employers must give the necessary information, instruction, training and supervision to make sure that, as much as is practical, their employees are aware of health and safety issues. To do this, you will have to identify the requisite skills for carrying out the jobs safely, as well as provide any training necessary. This should include training in emergency procedures. It is good practice for internal health and safety inspections to be carried out by more than one person in order to get more than one viewpoint. Be as objective as possible and try to think about problems that are not included in your present safety check list.
2. Stress
Dealing with stress in the workplace is a difficult issue and employers cannot afford to be ignorant on this subject. All employers should know how to help prevent stress, be able to recognise it, and be aware of the best ways to handle it.
Failing to deal with cases of stress and to appreciate the psychological damage that can result can be costly for employers. You should have a formal policy for dealing with stress-related complaints. Treat any complaints seriously and investigate them thoroughly.
Employers who offer a confidential advice service, with referral to appropriate counselling or treatment services, are unlikely to be found in breach of their duty.
3. Flexible Working
Family Friendly Policies - there is specific employment law legislation dealing with employees' statutory rights to maternity, adoption, parental and paternity leave and pay and to time off work to look after dependents. In addition, parents of children aged under 6 (or under 18 if the child is disabled), who have worked for their employer for 6 months or more, have the legally enforceable right to ensure that a request for flexible working arrangements is not rejected without good cause.
4. Email and Internet Policy
Make sure employees understand that what they put in an email message should not be regarded any less seriously than written or spoken communications. Inappropriate Internet use can also lead to claims of harassment and discrimination. Employers should have and enforce a clear email and Internet use policy.
5. Staff Parties
The annual staff party can be a nightmare and many employers choose not to hold them. If you do, it is important to carry out an assessment of possible risks and take reasonable steps to reduce them, as you would for any work activity. Employees should be made aware that normal disciplinary procedures apply. Employers can be held responsible for employees' actions after consuming alcohol provided by the employer, so beware!
6. Performance Appraisals
Equal treatment must be given to all staff when setting targets and performance standards. When giving appraisals, phrases that use discriminatory language, such as 'copes well considering their age', should be avoided. It is important that the person carrying out the appraisal is trained to do so.
Overall any employer is well advised to conduct a thorough review of their employment policies and ensure that they are comprehensive and up-to-date. In particular if there's any doubt in your mind, don't take any risks with regard to employment law.
Instead make sure you take appropriate legal advice from a specialist employment law solicitor.
About the Author
Bonallack & Bishop are a firm of Employment Law Solicitors
with a team specialised in redundancy
. Tim Bishop is senior partner at the firm, which he has grown by 1000% in the last 12 years. He is responsible for all major strategic decisions and sees himself as a businessman who owns a law firm.
[mage lang="" source="flickr"]uk employment law temporary contracts[/mage] UK Employment: If a fixed term contract is not going to be renewed does notice have to be given?
I'm on a fixed term six monthly contract which is up at the end of March - its been renewed twice before although as I'm now pregnant, if they renewed my contract now I wouldn't be able to work out the full six months as my baby is due in mid September. I've been with the Company since January 2008, first on a temporary and then a fixed term contract basis. They froze all permanent recruitment last year (due to the recession) and have just been renewing the contracts of those who are on FTC for six months at a time.
I'm just wondering if any notice period needs to be given if they are NOT going to renew - I've spoken to HR this morning and they couldn't really tell me anything, so what does employment law say on this (if anything)?
UK only please.
If no notice period is required would it be customary to inform the employee a couple of weeks in advance just out of courtesy and so they can look for another job?
I'd certainly phone ACAS - the fact that your fixed term contract has been renewed twice before raises doubts as to whether you're genuinely on a fixed term contract at all. To clarify that a little, an Employment Tribunal will usually look beyond the labels which you and your employer have attached to your contractual relationship to ensure that the fixed term contracts aren't merely a device to prevent employees accruing the rights which they would otherwise enjoy.
UN Calls for the Creation of Global Reserve Currency
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The Best Team Of Lawyer In Australia Is With Macdonnell Lawyers
Members of the MacDonnell's Law Wills and Estates lawyer team act in the administration of deceased estates in accordance with the deceased's will. This may involve obtaining probate where it is required and transferring property, shares and other assets to beneficiaries.
The MacDonnell's Law Wills and Estates lawyer team is also experienced in complex estate dispute matters, including when the deceased person died intestate.
Ms. MacDonnell is a frequent speaker on employment tax matters for Littler, California and American Bar Association meetings, as well as professional and industry educational forums.
We understand that having to contact a foreign lawyer with a legal issue in a foreign country can be a daunting experience for some and we seek to ensure that your experience is made as pleasant as possible. More importantly, we will provide you with the necessary information to allow you to make sound decisions under Australian law. Our free initial consultation policy applies to all international enquiries. Our fees are competitive and where possible, we will provide you with a fixed cost quotation.
Given the very private, personal and financial nature of issues involving family law, choosing the right family lawyer for your needs is important. In family law, confidentiality and trust are vital. You are entitled to have your lawyer (solicitor) listen carefully to the issues as you see them, provide objective legal advice, and ensure your legal needs are met.
The Family Law team has expertise in all areas of family law and they take pride in providing prompt and reliable legal services to all clients, helping to reduce the stress in these difficult times.
MacDonnell's Law has offices in Brisbane, Cairns and Townsville and is one of Queensland's largest independent law firms. It is a full service legal firm with specialist lawyers practicing in specific areas of law. It has a long history as a respected institution and celebrates its 126th Anniversary in 2010. MacDonnell's Law is also a member of the international alliance of commercial law firms, Meritas. Meritas operates on alliances between firms in more than 60 countries working across jurisdictions to provide clients the best of both worlds: a local legal partner with full service capabilities and the cost efficiency and personal attention unmatched by mega law firms. Each member law firm is required to adhere to rigorous and specific service standards.
The Bill will impact the 2010 valuations and therefore the changes to the definition of the "unimproved value" of land will apply to this round. However, the Government has committed to reviewing the state valuation system prior to the 2011 round of valuations, at which point a simpler method of "site valuations" will be introduced (except for property in rural areas).
About the Author
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