Archive for category Employment Law
10 Guidelines to Mediating Your Employment Law Case
Posted by admin in Employment Law, Property Law on October 1, 2011
1. Know your case, and collect your evidence. The first requirement is to have a case, and your attorney must understand the legal elements that must be proven. Ultimately, the mediator must be able to give an opinion to each side whether there will be a likely outcome at trial or arbitration. Unless you have set out facts and law showing a potential for success at trial, the mediator has nothing to work with in convincing the opponent it could lose and lose big if mediation isn’t successful.
2. Know your opponent’s case, and particularly know its weaknesses. Either by formal discovery, or by informal exchange, you must anticipate the employer’s defenses, and be prepared to answer them. In employment law, the focus is usually on the reasons the employer gives for terminating employment. Those reasons must be exposed as so incredible as to be likely lies. That means you have to know each and every “justification” for the termination, and be prepared to discredit it completely.
3. Select an effective mediator. In employment law matters, that usually means a mediator with a proven background in employment law. You and your lawyer should know the reputation of the mediator in the relevant community. In employment law, for example, there are likely a handful of mediators that are regularly used by both sides because of their expertise, their balanced viewpoints, and their proven track record in reaching settlements both sides can accept. The qualities most often cited by attorneys as desirable in a mediator include mental quickness, preparation, a strong nose for nonsense or sham, a pleasant but firm demeanor, tenacity and perseverance even when negotiations sour, a command of the relevant law, and the ability to analyze the strengths and weaknesses of each party’s position. Read the rest of this entry »
Human Resources Practices and the Law
Posted by admin in Employment Law, Law Resources on October 1, 2011
Human resources practices vary globally because each country has its own unique employment laws. When comparing the United States to other countries, which of course have different rules and regulations, it is interesting to see how management styles vary as well. When choosing to obtain an HR certification, you must be aware of the employment laws for the country in which you plan to work in because they will ultimately become the of rulebook for your entire career.
Laws are present in every country in the United States, there are several levels: federal, state, and local employment laws. Most laws are supervised by government agencies that carry two main responsibilities. First, they must make sure that the laws are deemed suitable and recognized by all so that they are obeyed. Second, the agencies work to make sure that the laws are obeyed by instituting official parameters or procedures. Keep in mind that the laws are put into place to protect employees against unfair treatment. For instance, there are laws that are put in place to prohibit discrimination. Race, sex, and national origin are examples of “protected classes” which, by law, are groupings that cannot be discriminated or biased against in the workplace. In the United States, employees are free from illegal discrimination based upon a protected class, not because they are entitled to their jobs. This is why issues can arise when employees have been discriminated against (and subsequently fired) as opposed to being “unfairly” let go. It is important to note the difference between unfair and illegal actions.
Sometimes, employees who have been fired will claim what is called “false reasoning” for their dismissal and bring their former employer to court. There are two kinds of court cases based on interpretation of the law in question: federal and common law. Discrimination of sex is an example of a federal law case. Although there is nothing specifically written in the law about sexual harassment, courts have included it in the law against sex discrimination. However, a company or employee can go to the courts and challenge the interpretation of the wording of a law and determinations. In human resources practices, one must be very careful with the specifics of a law and be sure to follow them before making crucial decisions when it comes to the workplace. Read the rest of this entry »