Tips on severance packages, health insurance, unemployment insurance and final paychecks.
Whether you leave your job voluntarily or through a termination or lay off, there are a number of loose ends you will want to tie up as you walk out the door.
Severance Pay
No law requires an employer to provide severance pay to employees it terminates or lays off. Nevertheless, many employers offer one or two months' salary to employees who are forced to leave their jobs. A few are more generous to long-term employees, giving perhaps one month's pay for every year an employee worked for the company.
An employer may be legally obligated to give you severance pay if you were promised it, as evidenced by:
* a written contract stating that severance will be paid
* a promise, in an employee handbook, of severance pay
* a long history of the company's paying severance to other employees in your position, or
* an oral promise to pay you severance -- although you may run into difficulties proving the promise existed.
A severance package can include more than just money. If you are in a position to negotiate a package (perhaps your termination is questionable and your employer wants to keep you from going to court), consider asking for these other goodies:
* Insurance benefits. Health insurance continuation laws require the employee to pay the cost of continued coverage. But there is nothing in these laws that prevents your employer from picking up the tab as part of a severance package.
* Uncontested unemployment compensation. Sometimes, employers will try to contest the unemployment claim of a terminated worker. Ask your employer to agree not to do so. It will make getting benefits a lot easier.
* Outplacement services. Outplacement firms help employees find new jobs. They may offer counseling, job skills training, tips on resumé and cover letter writing and leads on potential jobs. In addition, they may give you a place where you can use a computer, receive faxes and have a receptionist answer the phone. Many employers are now paying for these types of services as part of a severance plan.
* References. If you are leaving your job under less than pleasant circumstances, you might work with your employer to come up with a mutually agreeable letter of reference.
Final Paycheck
Many states have a law that specifies when departing employees must be given their final paycheck. Often, the outcome depends on whether you are leaving because you quit or because you were fired or laid off.
For example, in Colorado employees must be given their final paycheck immediately if they are terminated or laid off but on the next payday if they quit. (Depending on a company's pay cycle, this could be a difference of as much as a month.) In California, terminated and laid-off employees must receive their final paychecks immediately, but employees who quit might have to wait for up to 72 hours.
Some of these laws also specifiy whether your unused vacation pay must be included. To find out about your state's law, contact your state labor department.
Health Insurance
A 1986 federal law -- the Consolidated Omnibus Budget Reconciliation Act (COBRA) -- and similar state laws provide for health insuance continuation when an employee quits, is laid off or is fired for any reason other than gross misconduct.
Under COBRA, employers with 20 or more employees must offer them the option of continuing to be covered by the company's group health insurance plan for a specific period -- often 18 months -- after employment ends. The worker must pay the full cost of this coverage. Family coverage is also included. (In some other circumstances, such as the death of an employee, that employee's dependents can continue coverage for up to 36 months.) To learn more about COBRA, refer to the website of the U.S. Department of Labor atwww.dol.gov.
Your state might have a law with better and broader coverage. This means it may cover smaller employers and/or provide more benefits. Your employer must follow whichever law is most beneficial to you. To find out more about your state's law, contact your state insurance office or labor department.
Unemployment Insurance
This program may provide some financial help if you lose your job, temporarily or permanently. Benefits will be less than your former pay, and they won't last forever (usually, they stop at about 26 weeks). Also, not all out-of-work individuals are entitled to unemployment benefits. You will be eligible only if you lose your job through no fault of your own.
http://www.gslawny.com/lawyer-attorney-380C5AEC-A63A-47D6-A399F8DCA4188684.html
Monday, August 20, 2007
Discrimination Based on Sexual Orientation
Measures are emerging to protect gay and lesbian workers from discrimination in the workplace.
Although women, minorities, people older than 40 and people with disabilities now enjoy an umbrella of state and federal protections from discrimination in the workplace, gays and lesbians have, for the most part, been left out in the rain, at least at the national level. There is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector -- although federal government workers are currently protected from such discrimination.
At the state level, however, there is more cause for hope. Thirteen states have laws prohibiting sexual orientation discrimination in both private and public jobs: California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Wisconsin. The District of Columbia also prohibits sexual orientation discrimination in both the public and private sectors. In addition, eight states have laws prohibiting sexual orientation discrimination in public workplaces only: Colorado, Delaware, Illinois, Indiana, Montana, New Mexico, Pennsylvania and Washington.
If you are gay or lesbian and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances. There are at least 124 cities and counties that prohibit discrimination in the workplace on the basis of sexual orientation -- from Albany, NY, to Ypsilanti, MI. In addition, some enlightened companies have adopted their own policies prohibiting such discrimination.
If there are no specific laws protecting you from sexual orientation discrimination, you may still have other causes of action. Depending on the exact nature of the discrimination, you may be able to sue your employer -- or your co-workers -- on a number of legal theories that apply to everyone, including gay men and lesbians:
* intentional or negligent infliction of emotional distress
* harassment
* assault
* battery
* invasion of privacy
* defamation
* interference with an employment contract, and
* wrongful termination.
http://www.gslawny.com/lawyer-attorney-0F606661-EF27-4560-9191693C7FFA61B3.html
Although women, minorities, people older than 40 and people with disabilities now enjoy an umbrella of state and federal protections from discrimination in the workplace, gays and lesbians have, for the most part, been left out in the rain, at least at the national level. There is no federal law that specifically outlaws workplace discrimination on the basis of sexual orientation in the private sector -- although federal government workers are currently protected from such discrimination.
At the state level, however, there is more cause for hope. Thirteen states have laws prohibiting sexual orientation discrimination in both private and public jobs: California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Rhode Island, Vermont and Wisconsin. The District of Columbia also prohibits sexual orientation discrimination in both the public and private sectors. In addition, eight states have laws prohibiting sexual orientation discrimination in public workplaces only: Colorado, Delaware, Illinois, Indiana, Montana, New Mexico, Pennsylvania and Washington.
If you are gay or lesbian and your state does not have a law that protects you from workplace discrimination, you may still be protected by city and county ordinances. There are at least 124 cities and counties that prohibit discrimination in the workplace on the basis of sexual orientation -- from Albany, NY, to Ypsilanti, MI. In addition, some enlightened companies have adopted their own policies prohibiting such discrimination.
If there are no specific laws protecting you from sexual orientation discrimination, you may still have other causes of action. Depending on the exact nature of the discrimination, you may be able to sue your employer -- or your co-workers -- on a number of legal theories that apply to everyone, including gay men and lesbians:
* intentional or negligent infliction of emotional distress
* harassment
* assault
* battery
* invasion of privacy
* defamation
* interference with an employment contract, and
* wrongful termination.
http://www.gslawny.com/lawyer-attorney-0F606661-EF27-4560-9191693C7FFA61B3.html
Dealing With Unsafe Conditions
Steps to take if you think your workplace poses a hazard.
The federal Occupational Safety and Health Act (the OSH Act, popularly known as OSHA) and similar state laws spell out your rights in the event of a workplace hazard. How to deal with the unsafe condition depends on how immediate and serious the danger is.
If You Are in Imminent Danger
If you think your life is in imminent danger because of a workplace hazard, you have the right to refuse to work. You should also call the Occupational Safety and Health Administration (OSHA) immediately at 800-321-OSHA. In the event of an absolute emergency, call 911.
How do you know if an imminent danger exists? All of the following must be true:
* You believe that performing your work poses a real danger of death or serious physical injury.
* Your employer refuses to correct the problem, and
* There isn't enough time to eliminate the danger through other means, such as requesting an OSHA inspection.
In some states, you have the right to refuse to work even if the harm is not life threatening. To find out about your state's law, contact your state labor department.
If You Are Not in Imminent Danger
If the danger is not imminent, the first thing you should do is ask your employer to take care of it. It is possible that your employer doesn't know about the hazard and will deal with the situation promptly. Be sure to document your request -- either by making the request in writing or by writing a little note to yourself with the date that you made the request, the name of the person to whom you made it and a summary of what you and the person said.
If you are afraid to go to your employer, skip this step and complain directly to OSHA or a similar state agency.
If your employer does nothing -- or takes action against you for complaining about the hazard -- your next step is to complain to OSHA or a similar state agency. You can make the complaint in writing or on the Internet at theOSHA website. You can give your name or make the complaint anonymously.
Both federal and state law prohibit your employer from retaliating against you if you properly refuse to work, if you complain about a health and safety violation or if you otherwise assert your rights under these laws.
http://www.gslawny.com/lawyer-attorney-1373BAA0-6CA7-4415-8DFEC324FE60ABC0.html
The federal Occupational Safety and Health Act (the OSH Act, popularly known as OSHA) and similar state laws spell out your rights in the event of a workplace hazard. How to deal with the unsafe condition depends on how immediate and serious the danger is.
If You Are in Imminent Danger
If you think your life is in imminent danger because of a workplace hazard, you have the right to refuse to work. You should also call the Occupational Safety and Health Administration (OSHA) immediately at 800-321-OSHA. In the event of an absolute emergency, call 911.
How do you know if an imminent danger exists? All of the following must be true:
* You believe that performing your work poses a real danger of death or serious physical injury.
* Your employer refuses to correct the problem, and
* There isn't enough time to eliminate the danger through other means, such as requesting an OSHA inspection.
In some states, you have the right to refuse to work even if the harm is not life threatening. To find out about your state's law, contact your state labor department.
If You Are Not in Imminent Danger
If the danger is not imminent, the first thing you should do is ask your employer to take care of it. It is possible that your employer doesn't know about the hazard and will deal with the situation promptly. Be sure to document your request -- either by making the request in writing or by writing a little note to yourself with the date that you made the request, the name of the person to whom you made it and a summary of what you and the person said.
If you are afraid to go to your employer, skip this step and complain directly to OSHA or a similar state agency.
If your employer does nothing -- or takes action against you for complaining about the hazard -- your next step is to complain to OSHA or a similar state agency. You can make the complaint in writing or on the Internet at theOSHA website. You can give your name or make the complaint anonymously.
Both federal and state law prohibit your employer from retaliating against you if you properly refuse to work, if you complain about a health and safety violation or if you otherwise assert your rights under these laws.
http://www.gslawny.com/lawyer-attorney-1373BAA0-6CA7-4415-8DFEC324FE60ABC0.html
Asserting Your Rights in the Workplace
Learn how to handle a conflict with your employer to protect your rights and get results.
Depending on the size of your employer, the state in which you live and your profession, you may be entitled to certain legal protections in the workplace, including:
* the right not to be discriminated against on the basis of your race, national origin, skin color, gender, pregnancy, religious beliefs, disability or age (and in some places, marital status or sexual orientation)
* the right to a workplace free of harassment
* the right to be paid at least the minimum wage, and an overtime premium for any hours worked over forty in one week (or, in some places, over eight hours in one day)
* the right to a safe workplace
* the right to take leave to care for your own or a family member's serious illness, or following the birth or adoption of a child, and
* the right to some privacy in personal matters.
1. Talk to Your Employer
The first thing to do is talk to your employer. An intelligent discussion can resolve most wrongs, or at least get your differences out on the table. Most companies want to stay within the law and avoid legal tangles. Unless you work for a truly uncaring and antagonistic employer, chances are that your problem is the result of an oversight, a misunderstanding or a lack of legal knowledge.
Here are a few tips on how to present your concerns to your employer:
* Know your rights. The more you know about your legal rights in the workplace, the more confident you will be in presenting your problem.
* Stick to the facts. Before meeting with your employer, write a brief summary of what has gone wrong and your recommendation for resolving the problem. It might help to have someone more objective, such as a friend or family member, review the facts and brainstorm with you about possible resolutions. Make sure not to leave any important facts out.
* Don't be overly emotional. Dealing with a workplace problem can be stressful, but unfounded accusations and emotional outbursts won't help you get your point across. Practice your presentation ahead of time to make sure you can remain professional and calm.
* Decide the next steps. Before finishing your discussion with your employer, come to some agreement with your boss as to what will happen next. Will the company investigate the problem? Will your boss talk to your co-workers or supervisor? Will evaluations, job responsibilities or reporting relationships be changed?
2. Follow Up With Your Employer
Once you have spoken to your employer, make sure to follow up on the meeting. If your employer promised to investigate the matter or talk to other employees, check back to find out the status of those actions. After a few weeks have passed, schedule another meeting with your employer to discuss what progress has been made in resolving your problem.
3. Document the Problem
If talking things over with your employer does not resolve the dispute, or if your employment situation seems to be headed downhill, protect yourself by gathering documentation. Take notes of key conversations and events, including the time, date and names of others who were present. Gather documents that might support your side of the story, such as company policies, offer letters, performance reviews, memoranda, correspondence or employee handbooks.
Be careful, however, to collect only those documents you have legitimate access to. Taking or copying confidential documents -- even if they are related to your dispute -- could get you fired and could compromise your legal claims.
If your co-workers saw or heard any of the incidents that contributed to the problem (such as a verbal performance review, a harassing comment or a search of your workspace), ask them to write down what they saw and heard in signed, dated statements.
4. Don't Miss Legal Deadlines
If your employer doesn't seem to be taking your complaint seriously, or you are demoted or fired, you will have to consider whether to take legal action. The law sets deadlines (often called "statutes of limitations") for filing certain types of claims or lawsuits, ranging from several weeks to several years. If one of these deadlines applies to your case, you will have to think sooner rather than later about whether to go to court.
http://www.gslawny.com/lawyer-attorney-E20F328B-9512-4BA5-9CE25DF0E01A863A.html
Depending on the size of your employer, the state in which you live and your profession, you may be entitled to certain legal protections in the workplace, including:
* the right not to be discriminated against on the basis of your race, national origin, skin color, gender, pregnancy, religious beliefs, disability or age (and in some places, marital status or sexual orientation)
* the right to a workplace free of harassment
* the right to be paid at least the minimum wage, and an overtime premium for any hours worked over forty in one week (or, in some places, over eight hours in one day)
* the right to a safe workplace
* the right to take leave to care for your own or a family member's serious illness, or following the birth or adoption of a child, and
* the right to some privacy in personal matters.
1. Talk to Your Employer
The first thing to do is talk to your employer. An intelligent discussion can resolve most wrongs, or at least get your differences out on the table. Most companies want to stay within the law and avoid legal tangles. Unless you work for a truly uncaring and antagonistic employer, chances are that your problem is the result of an oversight, a misunderstanding or a lack of legal knowledge.
Here are a few tips on how to present your concerns to your employer:
* Know your rights. The more you know about your legal rights in the workplace, the more confident you will be in presenting your problem.
* Stick to the facts. Before meeting with your employer, write a brief summary of what has gone wrong and your recommendation for resolving the problem. It might help to have someone more objective, such as a friend or family member, review the facts and brainstorm with you about possible resolutions. Make sure not to leave any important facts out.
* Don't be overly emotional. Dealing with a workplace problem can be stressful, but unfounded accusations and emotional outbursts won't help you get your point across. Practice your presentation ahead of time to make sure you can remain professional and calm.
* Decide the next steps. Before finishing your discussion with your employer, come to some agreement with your boss as to what will happen next. Will the company investigate the problem? Will your boss talk to your co-workers or supervisor? Will evaluations, job responsibilities or reporting relationships be changed?
2. Follow Up With Your Employer
Once you have spoken to your employer, make sure to follow up on the meeting. If your employer promised to investigate the matter or talk to other employees, check back to find out the status of those actions. After a few weeks have passed, schedule another meeting with your employer to discuss what progress has been made in resolving your problem.
3. Document the Problem
If talking things over with your employer does not resolve the dispute, or if your employment situation seems to be headed downhill, protect yourself by gathering documentation. Take notes of key conversations and events, including the time, date and names of others who were present. Gather documents that might support your side of the story, such as company policies, offer letters, performance reviews, memoranda, correspondence or employee handbooks.
Be careful, however, to collect only those documents you have legitimate access to. Taking or copying confidential documents -- even if they are related to your dispute -- could get you fired and could compromise your legal claims.
If your co-workers saw or heard any of the incidents that contributed to the problem (such as a verbal performance review, a harassing comment or a search of your workspace), ask them to write down what they saw and heard in signed, dated statements.
4. Don't Miss Legal Deadlines
If your employer doesn't seem to be taking your complaint seriously, or you are demoted or fired, you will have to consider whether to take legal action. The law sets deadlines (often called "statutes of limitations") for filing certain types of claims or lawsuits, ranging from several weeks to several years. If one of these deadlines applies to your case, you will have to think sooner rather than later about whether to go to court.
http://www.gslawny.com/lawyer-attorney-E20F328B-9512-4BA5-9CE25DF0E01A863A.html
Arbitration Agreements With Your Employer
Employers are increasingly asking workers to give up their rights, so watch what you sign.
In a growing trend, employees are giving up their right to sue their employers in court over issues such as wrongful termination, breach of contract and discrimination. How are they doing this? By signing documents called arbitration agreements. When employees sign these agreements, they are promising to pursue any legal claims against their employer through arbitration, rather than through a lawsuit. That might sound simple enough, but if you look closer, you’ll see that agreeing to arbitrate means giving up a lot -- it could even mean the difference between winning or losing your case.
The Disadvantages of Arbitration
You may wonder why you should care where your claims get heard as long as they are heard somewhere, be it in arbitration or a court of law. An arbitration differs from a court case in several ways, and many of these differences tend to work against employees.
Most important, an arbitration is heard by a private citizen -- often a retired judge -- who is paid by one or both sides to listen to evidence and witnesses. That means you won’t have a jury hear your story -- and juries are usually more sympathetic to employees than are arbitrators.
Also, the arbitration process limits the amount of information each side can get from the other. In employment cases, this generally hurts the employee, because the employer is usually the one in possession of all the documents and information relating to the employee’s case.
Finally, an arbitration usually cannot be appealed, making arbitration awards more final than court verdicts. This means that if the arbitrator makes a decision that you think is unfair or wrong, you won’t get a second chance before an appellate court -- a second chance that you might have gotten had you gone to a court trial.
The Advantages of Arbitration
An arbitration does have some advantages over a court trial. Arbitrations are less formal than court trials, and this informality can make the process easier for all involved, especially employees who are not used to litigation. Also, arbitrations tend to be resolved more quickly than court cases.
Read All Documents Carefully
It may seem ridiculous, but employees often sign arbitration agreements unintentionally. How can this happen? Some employers bog down new employees with tons of paperwork to fill out on their first day, and some employees, in turn, sign documents without reading them.
Although most employers are straightforward and present the arbitration agreement to employees openly in a separate contract, others bury arbitration agreements in other documents, such as an employment contract, a hiring letter or an employee handbook. When you sign a contract, letter, handbook acknowledgment form or any other document from your employer, you agree to all the terms of the document -- even the ones that you may not have read. This is a particular problem with handbooks, which might be hundreds of pages long.
How can you protect yourself from unwittingly signing away your rights? Don’t sign any document acknowledging you’ve read something unless you actually have read it and understood it completely. And don’t sign any document that says you agree to the terms unless you have read all of the terms and do in fact agree to them.
The Risks of Refusing to Sign
If your employer asks you to sign an arbitration agreement, you can refuse, but you may be putting your job in jeopardy if you do so. Except in very limited circumstances, an employer can rescind an employment offer if a prospective employee refuses to sign the arbitration agreement. And an employer can fire an at-will employee who refuses to sign one. Therefore, declining to sign the agreement could jeopardize your job.
Sometimes, however, employers will negotiate this point, especially if they are more excited about the employee than they are about arbitration. If you are a highly sought after prospect, or if you are a valued employee in your company, your employer may allow you to refuse to sign rather than give you up.
Another option is to agree to sign -- but only if you can negotiate a fairer agreement (see immediately below).
Making the Agreement Fair
If your employer won’t let you outright refuse to sign, it may allow you to negotiate certain terms of the agreement to make it more fair to you. Although an employer may not agree to your requests, it is not likely to fire you for asking. Negotiating your agreement to arbitrate is no different from discussing your salary. The employer is negotiating for its best interest, and it is your duty to negotiate for your own best interest.
You may have to consult with an attorney for help negotiating the fairest agreement possible. Here are some points to negotiate to create a balanced arbitration process:
* Choice of arbitrator. You should get as much say in choosing the arbitrator as the employer. Given the power of the arbitrator, and given the fact that you probably won’t get to appeal the arbitration decision, you will want to have rights equal to those of your employer in selecting who the arbitrator will be. You and the employer should have the right to reject at least one arbitrator without having to give a reason.
* Disclosure of information. Any potential arbitrator should have to disclose any information regarding business and personal interests to ensure she is not biased in favor of the employer. For example, the arbitrator should not be someone who is a stockholder in the company. You and the employer should have the right to reject any arbitrator who has a conflict of interest.
* Costs of arbitration. Because the employer is the one who wants to use arbitration -- something that must be paid for -- the employer should have to pay for the costs of the arbitration.
* Remedies available. Make sure that you can receive through arbitration all of the remedies that you would have gotten if you had filed your claim in a court of law. For example, the agreement should not prohibit you from seeking punitive damages or damages for emotional distress.
* Attorney representation. You should have the right to be represented by an attorney throughout the arbitration process.
You Can Still Ask for Help From the Government
If you sign an arbitration agreement and your employer discriminates against you, you can still complain to a government agency, such as the federal Equal Employment Opportunity Commission (EEOC) -- and the agency can decide to sue the employer in court on your behalf. This is because the arbitration agreement only applies to you; it doesn’t apply to an agency that helps you.
http://www.gslawny.com/lawyer-attorney-A4C9D683-C862-44D7-9F19D2EDCF9CFD5C.html
In a growing trend, employees are giving up their right to sue their employers in court over issues such as wrongful termination, breach of contract and discrimination. How are they doing this? By signing documents called arbitration agreements. When employees sign these agreements, they are promising to pursue any legal claims against their employer through arbitration, rather than through a lawsuit. That might sound simple enough, but if you look closer, you’ll see that agreeing to arbitrate means giving up a lot -- it could even mean the difference between winning or losing your case.
The Disadvantages of Arbitration
You may wonder why you should care where your claims get heard as long as they are heard somewhere, be it in arbitration or a court of law. An arbitration differs from a court case in several ways, and many of these differences tend to work against employees.
Most important, an arbitration is heard by a private citizen -- often a retired judge -- who is paid by one or both sides to listen to evidence and witnesses. That means you won’t have a jury hear your story -- and juries are usually more sympathetic to employees than are arbitrators.
Also, the arbitration process limits the amount of information each side can get from the other. In employment cases, this generally hurts the employee, because the employer is usually the one in possession of all the documents and information relating to the employee’s case.
Finally, an arbitration usually cannot be appealed, making arbitration awards more final than court verdicts. This means that if the arbitrator makes a decision that you think is unfair or wrong, you won’t get a second chance before an appellate court -- a second chance that you might have gotten had you gone to a court trial.
The Advantages of Arbitration
An arbitration does have some advantages over a court trial. Arbitrations are less formal than court trials, and this informality can make the process easier for all involved, especially employees who are not used to litigation. Also, arbitrations tend to be resolved more quickly than court cases.
Read All Documents Carefully
It may seem ridiculous, but employees often sign arbitration agreements unintentionally. How can this happen? Some employers bog down new employees with tons of paperwork to fill out on their first day, and some employees, in turn, sign documents without reading them.
Although most employers are straightforward and present the arbitration agreement to employees openly in a separate contract, others bury arbitration agreements in other documents, such as an employment contract, a hiring letter or an employee handbook. When you sign a contract, letter, handbook acknowledgment form or any other document from your employer, you agree to all the terms of the document -- even the ones that you may not have read. This is a particular problem with handbooks, which might be hundreds of pages long.
How can you protect yourself from unwittingly signing away your rights? Don’t sign any document acknowledging you’ve read something unless you actually have read it and understood it completely. And don’t sign any document that says you agree to the terms unless you have read all of the terms and do in fact agree to them.
The Risks of Refusing to Sign
If your employer asks you to sign an arbitration agreement, you can refuse, but you may be putting your job in jeopardy if you do so. Except in very limited circumstances, an employer can rescind an employment offer if a prospective employee refuses to sign the arbitration agreement. And an employer can fire an at-will employee who refuses to sign one. Therefore, declining to sign the agreement could jeopardize your job.
Sometimes, however, employers will negotiate this point, especially if they are more excited about the employee than they are about arbitration. If you are a highly sought after prospect, or if you are a valued employee in your company, your employer may allow you to refuse to sign rather than give you up.
Another option is to agree to sign -- but only if you can negotiate a fairer agreement (see immediately below).
Making the Agreement Fair
If your employer won’t let you outright refuse to sign, it may allow you to negotiate certain terms of the agreement to make it more fair to you. Although an employer may not agree to your requests, it is not likely to fire you for asking. Negotiating your agreement to arbitrate is no different from discussing your salary. The employer is negotiating for its best interest, and it is your duty to negotiate for your own best interest.
You may have to consult with an attorney for help negotiating the fairest agreement possible. Here are some points to negotiate to create a balanced arbitration process:
* Choice of arbitrator. You should get as much say in choosing the arbitrator as the employer. Given the power of the arbitrator, and given the fact that you probably won’t get to appeal the arbitration decision, you will want to have rights equal to those of your employer in selecting who the arbitrator will be. You and the employer should have the right to reject at least one arbitrator without having to give a reason.
* Disclosure of information. Any potential arbitrator should have to disclose any information regarding business and personal interests to ensure she is not biased in favor of the employer. For example, the arbitrator should not be someone who is a stockholder in the company. You and the employer should have the right to reject any arbitrator who has a conflict of interest.
* Costs of arbitration. Because the employer is the one who wants to use arbitration -- something that must be paid for -- the employer should have to pay for the costs of the arbitration.
* Remedies available. Make sure that you can receive through arbitration all of the remedies that you would have gotten if you had filed your claim in a court of law. For example, the agreement should not prohibit you from seeking punitive damages or damages for emotional distress.
* Attorney representation. You should have the right to be represented by an attorney throughout the arbitration process.
You Can Still Ask for Help From the Government
If you sign an arbitration agreement and your employer discriminates against you, you can still complain to a government agency, such as the federal Equal Employment Opportunity Commission (EEOC) -- and the agency can decide to sue the employer in court on your behalf. This is because the arbitration agreement only applies to you; it doesn’t apply to an agency that helps you.
http://www.gslawny.com/lawyer-attorney-A4C9D683-C862-44D7-9F19D2EDCF9CFD5C.html
Age Discrimination
State and federal laws protect workers from poor treatment based on their age.
Stereotypes about older people abound in our culture, but employers are not allowed to indulge in them when making workplace decisions. A number of state and federal laws prohibit employers from discriminating against employees and applicants on the basis of age.
The Age Discrimination in Employment Act
The federal Age Discrimination in Employment Act (ADEA -- 29 U.S.C. 621-634) is the major federal law that prohibits employers from discriminating against employees and applicants who are 40 years of age or older on the basis of their age.
The ADEA protects workers from age discrimination in every phase of the employment relationship, including help-wanted ads, interviewing, hiring, compensation, promotion, discipline, job evaluations, demotion, training, job assignments and termination. The ADEA does not cover discrimination in benefits and early retirement, which are addressed by a different law (see below).
The ADEA applies to all private employers that have 20 or more employees and to federal and local governments. It also applies to state governments, although their employees cannot sue them directly for age discrimination.
Not only does the ADEA prohibit employers from discriminating against older workers in favor of those who are younger than 40, it also prohibits employers from discriminating among older workers. For example, an employer can't hire a 43-year-old over a 53-year-old simply because of age.
State Laws
Many state laws also prohibit discrimination on the basis of age. Although some of these laws essentially mirror the federal law and only protect people older than 40, other laws are broader and protect workers of all ages.
State laws tend to apply to employers with fewer than 20 employees, so your employer might have to comply with your state law even if it isn’t covered by the federal law.
Discrimination in Benefits and Early Retirement
The federal Older Workers Benefit Protection Act (29 U.S.C. § 623 and following) makes it illegal for employers to use an employee's age as a basis for discrimination in benefits and retirement. Like the ADEA, this act only protects people who are at least 40 years old.
Under this law, an employer cannot reduce health or life insurance benefits for older employees, nor can it stop their pensions from accruing if they work past their normal retirement age. The Act also discourages businesses from targeting older workers when cutting staff.
In addition, the Act prohibits employers from forcing employees to take early retirement. An early retirement plan is legal only if it gives the employee a choice between two options: keeping things as they are or choosing to retire under a plan that makes the employee better off than he or she was previously. This choice must be a genuine one; the employee must be free to reject the offer. In addition, if either choice makes the employee worse off, the offer violates the Act.
http://www.gslawny.com/lawyer-attorney-1DB0BA4D-38DC-41A0-A52E8F9ED31E803E.html
Stereotypes about older people abound in our culture, but employers are not allowed to indulge in them when making workplace decisions. A number of state and federal laws prohibit employers from discriminating against employees and applicants on the basis of age.
The Age Discrimination in Employment Act
The federal Age Discrimination in Employment Act (ADEA -- 29 U.S.C. 621-634) is the major federal law that prohibits employers from discriminating against employees and applicants who are 40 years of age or older on the basis of their age.
The ADEA protects workers from age discrimination in every phase of the employment relationship, including help-wanted ads, interviewing, hiring, compensation, promotion, discipline, job evaluations, demotion, training, job assignments and termination. The ADEA does not cover discrimination in benefits and early retirement, which are addressed by a different law (see below).
The ADEA applies to all private employers that have 20 or more employees and to federal and local governments. It also applies to state governments, although their employees cannot sue them directly for age discrimination.
Not only does the ADEA prohibit employers from discriminating against older workers in favor of those who are younger than 40, it also prohibits employers from discriminating among older workers. For example, an employer can't hire a 43-year-old over a 53-year-old simply because of age.
State Laws
Many state laws also prohibit discrimination on the basis of age. Although some of these laws essentially mirror the federal law and only protect people older than 40, other laws are broader and protect workers of all ages.
State laws tend to apply to employers with fewer than 20 employees, so your employer might have to comply with your state law even if it isn’t covered by the federal law.
Discrimination in Benefits and Early Retirement
The federal Older Workers Benefit Protection Act (29 U.S.C. § 623 and following) makes it illegal for employers to use an employee's age as a basis for discrimination in benefits and retirement. Like the ADEA, this act only protects people who are at least 40 years old.
Under this law, an employer cannot reduce health or life insurance benefits for older employees, nor can it stop their pensions from accruing if they work past their normal retirement age. The Act also discourages businesses from targeting older workers when cutting staff.
In addition, the Act prohibits employers from forcing employees to take early retirement. An early retirement plan is legal only if it gives the employee a choice between two options: keeping things as they are or choosing to retire under a plan that makes the employee better off than he or she was previously. This choice must be a genuine one; the employee must be free to reject the offer. In addition, if either choice makes the employee worse off, the offer violates the Act.
http://www.gslawny.com/lawyer-attorney-1DB0BA4D-38DC-41A0-A52E8F9ED31E803E.html
Using a Lawyer vs. a Collection Agency to Collect Debt
If your letter writing, personal meetings and phone calls have all failed to resolve a debt issue, it is time to call in a professional -- a debt collection agency or a lawyer specializing in debt collection.
According to the American Collectors Association, third-party collection agencies collected and returned more than $32.2 billion to the U.S. economy in 1997.
The most obvious choice to collect an unpaid debt is a collection agency. Agencies come in all sizes -- some are local, some specialize in handling certain kinds of debts and others are national in scope. The cost varies, depending on the volume of business you bring to the table and the amount of debt that is to be collected. Plan on paying 25 to 30 percent of the amount collected, with some agencies demanding a 50-50 split.
A collection agency will take many of the same actions against the debtor that you have probably taken. Third-party collectors are aided by specialized phone systems, computers and software designed to automate the process and make it more effective and cost-efficient in retrieving payment on delinquent accounts. A series of letters will be generated sternly warning of the consequences of ignoring repayment. Phone calls will be made to deliver the same message.
There are also lawyers who specialize in debt collection. They can be more effective than a collection agency, especially if the debt is serious enough to consider legal action. An attorney may charge an hourly fee or collect at least one third of the amount recovered, or both. Attorneys usually charge a minimum fee or require the debt be of a minimum amount. Payment to the attorney will be in addition to any court-related fees and charges connected with a lawsuit, if you decide to pursue a judgment in court. If you´re not willing to take your customers to court over a past-due account, then there´s probably no reason to hire an attorney.
Most companies refer debt to a collection agency first and then turn to an attorney if the agency can´t do the job. While it might seem that a collection agency would be cheaper than hiring a lawyer, that´s not always the case. The price of a collecting a debt depends on the complexity and magnitude of the collection -- sometimes debt can be collected with two simple letters from a collection agency, other times it´s smarter just to hire a lawyer, send the mandatory set of collection letters and then head to court. The most expensive scenario is working with a collection agency only to have to hire an attorney later.
Whether you choose to use a collection agency or a lawyer to recover the money you are owed, be sure to ask for a client list before getting started. Try to meet with the owner or manager of the collection agency or one of the partners of the law firm before you turn over your debt. You can check with the Commercial Law League of America for certification of collection agencies and legal experts. A decision to hire should not be based totally on price or percentage -- sometimes the promise of a higher fee can help motivate the collector to bring in more cash.
http://www.buyerzone.com/finance/collections/ab-debt-collection-lawyer.html
According to the American Collectors Association, third-party collection agencies collected and returned more than $32.2 billion to the U.S. economy in 1997.
The most obvious choice to collect an unpaid debt is a collection agency. Agencies come in all sizes -- some are local, some specialize in handling certain kinds of debts and others are national in scope. The cost varies, depending on the volume of business you bring to the table and the amount of debt that is to be collected. Plan on paying 25 to 30 percent of the amount collected, with some agencies demanding a 50-50 split.
A collection agency will take many of the same actions against the debtor that you have probably taken. Third-party collectors are aided by specialized phone systems, computers and software designed to automate the process and make it more effective and cost-efficient in retrieving payment on delinquent accounts. A series of letters will be generated sternly warning of the consequences of ignoring repayment. Phone calls will be made to deliver the same message.
There are also lawyers who specialize in debt collection. They can be more effective than a collection agency, especially if the debt is serious enough to consider legal action. An attorney may charge an hourly fee or collect at least one third of the amount recovered, or both. Attorneys usually charge a minimum fee or require the debt be of a minimum amount. Payment to the attorney will be in addition to any court-related fees and charges connected with a lawsuit, if you decide to pursue a judgment in court. If you´re not willing to take your customers to court over a past-due account, then there´s probably no reason to hire an attorney.
Most companies refer debt to a collection agency first and then turn to an attorney if the agency can´t do the job. While it might seem that a collection agency would be cheaper than hiring a lawyer, that´s not always the case. The price of a collecting a debt depends on the complexity and magnitude of the collection -- sometimes debt can be collected with two simple letters from a collection agency, other times it´s smarter just to hire a lawyer, send the mandatory set of collection letters and then head to court. The most expensive scenario is working with a collection agency only to have to hire an attorney later.
Whether you choose to use a collection agency or a lawyer to recover the money you are owed, be sure to ask for a client list before getting started. Try to meet with the owner or manager of the collection agency or one of the partners of the law firm before you turn over your debt. You can check with the Commercial Law League of America for certification of collection agencies and legal experts. A decision to hire should not be based totally on price or percentage -- sometimes the promise of a higher fee can help motivate the collector to bring in more cash.
http://www.buyerzone.com/finance/collections/ab-debt-collection-lawyer.html
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