Cases can be lost in court over a lack of clarity over the true reason for job loss. Clients are usually too emotional when they seek a lawyer in taking their case. If the person has been fired, then it is harder to pull out the truth, due to client anger and hostility. Therefore, it is very crucial for the paralegal to do a background check with the employer in question. The paralegal’s job is to find out exactly the cause of the client’s job loss. This can often be accomplished by talking to the employer directly or by way of asking other people who know the client and the situation that has just occurred. For the sake of this article, let’s say that the employee has been recently fired.

The second step then, is to prepare for court representation of the client. A good paralegal works hard to assist the law firm on the facts of the case. He or she determines in advance whether there was just cause for the termination that has taken place. If the client was actually fired, then it would be the lawyer’s job to determine his client’s side in the case. The paralegal’s job is to do more discoveries.

Were there bad work conditions or possible harassment by a supervisor or co-worker? Often times a good lawyer can come out winning a case where someone has been fired. If the lawyer can prove cause for bad behaviour at work or prove too many absences from work because of harassment in fact, then his client stands a chance of being vindicated.

Employment law doesn’t stop here. Lay-offs happen every day; people quit or resign for reasons that may or may not need legal help. Keep in mind, the law firm’s job first and foremost is to represent the individual, especially when there has been unfairness in the work place. Employers often don’t know about the employee side of the matter and benefit from the research paralegals do. This can prevent a court date resulting in out of court settlements. Less time in court helps the lawyer focus more on improving his services to the client.

By: Haley Williams

About the Author:

The processes and procedures surrounding redundancy are certainly one of the more complex topics in employment law. However in the current economic climate, redundancy is an area of employment that is being looked at by more and more organisations in an effort to reduce spending and re-structure.

Redundancy can definitely be a grey area. However legally, an organisation is able to pursue this option and dismiss employees under the terms of redundancy if they have a justifiable motive. One of the main reasons for redundancies is if the employer is looking to cut costs for the organisation.

A further reason is if the post previously held by the employee is being dis-established. However under these circumstances organisations are advised to look at redeployment as an option rather than redundancy. In addition to this, if an organisation is closing down or introducing new systems and technology that render a job unnecessary, redundancy can certainly be an option.

Within employment law there are certain procedures that an organisations must follow when exploring the option of redundancy. If an organisation is making 20 or more redundancies within a 90 day period it is called a collective redundancy.

In these circumstances, employers a legally required to consult with the employees trade union representative or a representative chosen by the employee. Failure to follow this consultation process can result in expensive tribunal claims.

However, if an employer is making less than 20 redundancies they are not obligated to follow a consultation processes (however it may be considered good practice to do so). Under these circumstances employment law states that employers should ensure they select their employees fairly and consistently, inform the employees in advance and communicate with them throughout the process, and pay them a fee for being made redundant. It is also prudent for organisations to seek specialist employment law advice when considering making redundancies.

By: Nicola Snaith

About the Author:

Anyone that has experienced discrimination or unfair treatment in the workplace knows how difficult it can be to get fair treatment after the incident, particularly if your employer is a large company. You have to go through management, HR, and several other departments just to find someone who will listen to you. And often, instead of sympathy and help, you employer will start treating you like a troublemaker. However, the federal government and most states have put laws in place to protect employees from discriminatory treatment. Employment law is a law field that specializes in protecting employee and employer rights. Listed below are a few common problems that arise in the workplace.

Age discrimination happens when promotions or pay raises are withheld from someone because of their age. It also might arise if an older employee is let go in favor of hiring a younger person to do the same job or vice versa. Similar to age discrimination are race, sex, disability, and religious discrimination. Being passed over for opportunities or being fired because of any of these factors is a serious legal issue. Other common areas of employment law include retaliation and whistle blowing cases. Retaliation is a wrongful termination of employment or demotion for discriminatory causes. A whistle blowing case involves an employee that raises concerns about any wrongdoing that is occurring in a company, causing the company to retaliate against the employee. You should feel like you can do your best in the workplace without distractions. Employment law ensures fair treatment for both employees and employers.

By: Ryan Coisson

About the Author:

Nobody needs to be reminded that due to the economic recession we are currently experiencing, times are hard for all businesses, whatever their size. Although it may not the first thing that comes to your mind if you are involved in running a business, clear, concise employment law advice should be strongly considered no matter what the economic climate, especially if you are looking to reduce the size of your workforce or review contractual terms and conditions. Consequently, here are seven tips on what to look for if you need employment law advice:

1. Ensure it is affordable
2. Risk Management Service
3. Regular Employment Meetings
4. Ask for a Risk Management Report
5. An Employment Manual
6. Insurance Cover
7. Online Consultant Service

Ensure it is Affordable

It is obvious to most people that you want to ensure you get value for money from the advice you receive. However, there are inherent dangers in seeking the cheapest option. There is usually a reason you are given a low estimate of costs and it may be that the person concerned lacks the experience that you require. Many firms of solicitors with employment specialists now offer HR and employment protection schemes that were previously the territory of non legal firms. The advantage of selecting a firm of solicitors who operate such a scheme is not only their levels of expertise but that they will be fully insured with a well established complaints procedure if things go wrong. Unlike most of the non legal companies, you should also be able to find a solicitor’s employment law protection scheme that only lasts for one year, which allows you to evaluate the service over that period before you decide whether to renew the service or not.

Risk Management Service

A good employment law advisor will first of all carry out a free risk management audit, which is basically a health check of your employment practices. A specialist employment solicitor will visit you to look at your personnel records, review procedures, uncover any weaknesses, and assess what needs to be done to improve any problem areas.

Regular Employment Meetings

You should also ensure that the scheme offers regular employment meetings, where the company you have hired will meet and talk with you or your HR department, management team and other key members of your team. This will enable them to understand and review your terms and conditions of employment, disciplinary and grievance procedures, absenteeism, flexibility, equal opportunities and redundancy arrangements and to make appropriate amendments.

A Risk Management Report

Following your health check, you should ask for a comprehensive risk management report. This will review your current policies, practices and compliance with legislation. It will also include an action plan for any improvements that could reduce the risk of disputes with your staff.

An Employment Manual

If you have made the right choice in hiring an employment law advisor, they will also supply you with an employment manual – an invaluable source of reference for good employment practice. This includes information on fair procedures for recruitment and absenteeism, guidance on how to draft employment contracts, a selection of over 100 specimen letters and forms, and many other aspects of good HR practice.

Insurance Cover

Insurance cover is also important. When you’re protected by insurance cover, you’ll no longer have to worry about the costs of defending an action brought against you by an employee as a high-quality policy will cover legal costs and expenses to defend employment disputes of up to

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