What is Employment Law? Employment law is a broad area of law that generally governs the employer employee relationship, while specifically looking into a number of areas encompassing this wider subject. Businesses being conducted with more than one employee adhere to and use this particular domain of law. These laws, which include a number of both federal and state laws, are primarily for the protection of the worker’s rights. These laws were primarily created with the aim of preventing discrimination, establishing a minimum level of worker’s economic support, preventing work disruption due to disputes between workers and the management and promoting health and safety for the employees.
The wider aspect of employment law encompasses the following areas,
- Worker’s compensation
- Employment discrimination
- Minimum wage
- Employee benefit
- Family and medical leave
- Wrongful termination
- Employee safety and health
- Immigration
- Labour relation
When do you need an Employment Lawyer?
While most of the issues faced related to employment can be handled amicably directly between the employee and the employer, there are a number of situations where legal expertise is warranted. With the rapidly changing employment laws along with the numerous opinions issued by the government and the courts on a regular basis, a number of employment issues need to be dealt with after seeking legal advice from the san jose employment lawyer.
Worker’s Compensation
Although a large number of jobs in today’s time are extremely strenuous and physically demanding, no one expects to be hurt, harmed or suffer serious injury n the job. But when this does happen, the injured employees have the right to a fair compensation, wage loss benefits and payment of medical expenses from their employer along with support and a fair treatment. But a number of times, this does not happen.
Discrimination at the workplace
Discrimination can come in many forms. Discrimination is when a member of a particular class is treated differently from their peers. Discrimination can overt and easily identifiable while in a number of cases it can be subtle and sometimes even concealed. Most cases of discrimination arise where an employee or job applicant is treated unfairly on basis on sex, age, race, creed, religion, color, caste, national origin, disability etc. Even perceiving someone to be a member of one of the protected classes mentioned above can be deemed as discrimination.
The act of employment discrimination can take many forms. It includes a number of actions like refusing a job, termination, denial to training, refusal to promote, demotion, paying lesser wages, harassment, disciplining on any of the grounds mentioned above can be deemed as discrimination. A good San Jose discrimination at work lawyer can always be of great help.
Apart from the above mentioned discrimination, one also sees sexual harassment, which is technically classified as a form of sex discrimination. Unwanted sexual advances or a similar action that make the workplace situation hostile, intimidating or uncomfortable is referred to as sexual harassment. Making unsuitable and inappropriate comments and making the workplace environment negative for an individual to function is can be the basis of a lawsuit.
