Do you belong to a union for your industry? If not, and you feel as though you are experiencing injustice in your workplace by an employer or colleague, or you feel as though you have been a victim of an unfair employee dismissal as a violation of your employee rights, it is imperative that you seek out the council of an employment attorney. Workplace fairness laws can vary from state to state, and while there are federal regulations, you may not know whether what is happening to you is legal. Here, we will discuss situations in which an employee should reach out to an employment lawyer to see whether he or she will need their services.
COVID-19 put many people in a position they have never been in before—saddled with debt that they can no longer afford to pay off. This has led to numerous individuals filing for Chapter 7 bankruptcy. Bankruptcy gives people an opportunity to erase most of their debt, while holding on to their tax credits, child credits and stimulus checks. This option also allows the person filing for Chapter 7 to keep retirement accounts untouched for the most part. In a situation where an individual files for Chapter 7, a trustee gathers all of the nonexempt assets a debtor owns and sells them off to pay off the debt. This is supposed to give the individual a blank slate. This article will take a deep dive into what happens when the individual filing and his or her assigned trustee has a meeting of creditors, also known as a 341 hearing, when attempting to file for chapter 7 bankruptcy.
For those who have had the good fortune of never dealing with any form of litigation, it is important to note that civil litigation is when an individual or business files a lawsuit regarding a civil matter (e.g., personal injury, fraud, medical malpractice and negligence) to dispute a civil case against another individual or business. While one or both parties may have valid cases, litigation of any form can be costly and time consuming. While filing for civil litigation may, at times, be your best option, it is important to note that it is not always your only option. The process from pre-trial to the judgement might cost you more than the amount being disputed. Here we are presenting a mock case study to consider three methods that can be used to avoid civil litigation, when possible.
Did you know that the state of Florida only gives employees 300 days from the date of discrimination/ workers right violations to file a case with the Equal Employment Opportunity Commission (EEOC) against their employer and only 365 days to file with the Florida Commission for Human Rights? An employee must file with these organizations before filing discrimination lawsuits. Those working for small companies (under 15 employees) may also have to file under a county or city ordinance with even shorter deadlines. In some cases, employees don’t know their rights and are perplexed about what to do when they finally realize that they are being treated differently than similarly situated co-workers and in other cases, they don’t know what would be considered an employee law/ workers’ right violation. It is important for you, as an employee, to know your rights and common employee law violations that take place in the workplace so you can know what is and is not acceptable behavior from your employer. A tough boss is one thing, an unscrupulous boss is quite another.
What is civil litigation?
Most times, we are faced with terminology that sounds complicated and downright scary—especially any term that includes the word, “litigation.” Civil litigation simply means that the plaintiff wants compensation and/or other damages from the defendant(s) and no criminal charges and penalties have been filed. The standard of proof in these cases is a lot less stringent than criminal cases. To win a civil litigation, each side presents their evidence, and whosesoever has the most convincing evidence gets a judgement in their favor.
COVID-19 has brought about many first time entrepreneurs—many people who quit, or were let go of, due to the pandemic. While some started solo companies and sold products online, others are reaching points of success where they may soon need an office and employees as support staff. Prior to reaching the latter stage, employers should educate themselves a bit about employment law, and tried and true workplace policies. Employers should also make sure that someone in the office is keeping good records of incident complaints, in the event that an HR department is not in place, so that the business owner is never on the wrong side of the law and an employee’s welfare is never put at risk.