Labor Attorney

Have You Been Fired? Get Help From Termination Laws Attorneys

Written on July 10, 2010 by admin

Filed Under: Labor Law

In California, there is a provision known as “at-will” employment. Under this rule, employees may be fired by their employers for whatever reason they see fit. In general, employers can fire their employees only when the grounds are stipulated in the contract. This is not applicable, however, to at-will employees.

In almost all places in the world, it is unjust for any company to fire their employees without any solid grounds. They can only do so if such employee is violating company rules and regulations. If there is valid reason, the company still needs to follow due process in serving the termination. The employee should still be given a chance to defend himself.

Let us say that an employee is being terminated because of an allegedly falsified tax declaration. Labor laws do not give him the authority to fire the employee. The best thing the employer can do is find out if the act of the employee is in violation of company rules and regulations. The next move is for the employer to inform the employee that they violated company rules and be given the chance to air their side. By doing so, the company will not be violating the Anti-Retaliation Law.

Due to the numerous rights and benefits enjoyed by an employee, employers should realize that they are liable to committing violations of the labor laws. In the performance of their duty, intentionally or unintentionally, any act that discriminates their employees makes them prone to being sued.

This is the reason why companies should employ lawyers who will handle their legal case. Employment laws have complicated provisions that can be understood only by competent and trustworthy lawyers.

Before terminating an employee, termination law attorneys will base their decision on the following guidelines:

The validity of the employee’s explanation of their violation or poor performance must be evaluated. Remember, the employee must be allowed to defend themselves. There should be a fair and objective investigation about the matter. As much as possible, the committee tasked to investigate should not be bias in making their decision.

In making their decision, the company should see to it that it is consistent with the manner of solving previous violations by other employees. Fired employees follow the lead of their co-workers who have committed the same violation. If the employee sees that their employer is doing something illegal in handling the case, the former has valid grounds for suing the latter.

The company should consider other options aside from termination. It could send a precedent to other employees especially if the fired employee is one of the best employees in the company. Suspension can be another alternative to termination.

In serving the termination, the company should see to it that the rights of the employee have been protected. Civil laws supersede corporate rules. If the offense was done because the employee is following laws of the state, then the employer cannot reprimand the employee. Otherwise, they can be liable to the employee.

Wrongfully or unjustly firing an employee is a clear violation of state and federal laws. If you or your loved one has been terminated without cause, there are experts that can help you in making a claim against your boss. Termination lawyers knows what to do and can recommend the best course of action you can take.

Our termination laws attorneys are experts in providing just and appropriate resolutions for our Los Angeles clients’ Employment Law concerns. For your inquiries and free case evaluation, please visit our website.

Employers Expected to Face Additional Pressure from Department of Labor

Written on July 6, 2010 by admin

Filed Under: Labor Law

It seems like everywhere you look there is some mention of the U.S. Department of Labor (DOL) cracking down in one way or another on businesses. Statistics indicate that there is much increased activity in DOL audits over the last few years, which should come as no surprise. In the DOL 2011 Strategic Plan Fiscal Years 2006 – 2011 the department listed four major goals, which are:

According to the Strategic Plan, the third goal, Safe and Secure Workplaces “focuses on ensuring that workplaces are safe, healthful, and fair; providing workers with the wages due to them; providing equal opportunity; and protecting veterans’ employee and reemployment rights.” It is this area that prompts the majority of DOL audits of employers.

The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the DOL is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased audits.

In is important to understand that the DOL is quite a large organization with far reaching regulatory authority. The DOL has 27 divisions that each has their own function. A few of the divisions that are most familiar to private employees are:

In 2008 the WHD recovered more than $185 million in back wages for 228,000 employees. In addition, the agency assessed $9.9 million in civil monetary penalties and concluded 28,242 compliance actions. Including the 2008 figures, the 8 year cumulative total of back wages collected by the agency was $1.4 billion dollars. (Please click here for US Department of Labor 2008 Fiscal Year Report)

Audits are generally triggered either when a current or former employee files a complaint with the DOL or when the DOL targets a specific industry for investigation. It is a common practice of the DOL to target a variety of low-wage industries including day care, agriculture, janitorial services, the garment industry, healthcare, the hotel and motel industries, restaurants, and temporary help. These industries generally have vulnerable and often immigrant workforces, and a history of chronic violations.

Keeping in mind the many arms of the DOL and its numerous divisions, there are many areas that may be audited and some of the main areas of employee complaints (that result in an audit) are listed below:

In addition, many states have a state agency equivalent to the DOL. For example, in California there is the Division of Labor Standards Enforcement, which can also audit CA employers for the same items as the DOL. It is imperative to know your specific state’s requirements in addition to federal regulations. In California, employers should also ensure they are complying with meal and rest break requirements, properly recording meal breaks and the employees’ time worked, properly paying overtime, and reimbursing employees for all business related expenses.

Liability for violation of the wage and hour laws does not require evidence of bad intent or unlawful motive by an employer. The performance of the employee is also rarely an issue, making the employer’s exposure fairly straightforward in most cases. 

If the DOL audits your company, a representative will visit your facility to conduct interviews, make sure the required posters are hung, and possibly examine the time clocks to determine whether your company is in compliance with the Fair Labor Standards Act. DOL will then review up to 3 years’ worth of your wage-and-hour records and investigate your wage-and-hour practices to determine whether you have paid your employees the proper amount of overtime. This will include a review of your pay records, so you must make sure the records are accurate and organized.

Employers need to be proactive about complying with these complex wage and hour laws. If cost is a concern, complete an in-house audit and then have an attorney double check the policies and practices. It will cost a lot more to contact an attorney after the DOL or state agency is in your workplace or the lawsuit has already been filed.

If you want to learn more Human Resources Tips, please click here for more information.