March 15, 2008

Guidelines in Finding the Best Wrongful Termination Lawyers

Wrongful termination is an unjust manner of relieving an employee from his job. An employer may also be guilty of such violation if the termination was made without abiding the stipulations as stated under the employment agreement.
Wrongful termination lawyers will accept your claim if the termination is against the conditions set forth in the terms of your contract or is against the labor laws. Bear in mind that the terms of agreement written in black and white cannot be taken as a requirement for disputing your dismissal all the time.
Various conditions should be seen by lawyers. Some examples are dismissal due to age, race, sex, or termination without getting any warning as stipulated in the contract. You are considered wrongfully terminated if you were dismissed for being a whistleblower, or for going on leave due to reasons connected with your family or health reasons.
There are two reasons why you may be filing your wrongful termination claim. First, you may want to return to your old job. Another reason is, you may want to be compensated.
Since the laws covering employment are quite complicated and because of the tight schedule in the presentation of documents, you may require the […]

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March 1, 2008

Procedures of a Minimum Wage Claim

The federal minimum wage for non-exempt employees is $5.15 an hour. The Fair Labor Standard Act (FLSA) contains the federal wage provisions. Most of the states have their own minimum wage laws. Many employees are subject to both state and federal minimum wage laws. In this case, employers are required to give the higher wage to their employees.

If an employee does not receive the minimum wage he is entitled to, he can file a minimum wage claim to the Division of Labor Standards Enforcement (DLSE), or file a lawsuit in court against the employer to recover the deficient wage.
Procedures of a Wage Claim
1. An employee (plaintiff) alleging the short payment wage by his or her employer (defendant), must file and complete a claim to the local office of the Division of Labor Standards Enforcement to initiate investigation.
2. A Deputy Labor Commissioner will evaluate the case based on the circumstances of the claim and the information presented
3. Within thirty days of filing the claim, the Deputy shall notify the parties as to the specific action that will be taken initially regarding the claim:
0 Referral to a conference
0 Referral to a hearing
0 Dismissal of the claim
4. If the decision has been made by the deputy to hold a conference, […]

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