Employment Law


How to identify and prevent racial discrimination in the workplace

Posted by on 9:25 am in Employment Law | Comments Off on How to identify and prevent racial discrimination in the workplace

How to identify and prevent racial discrimination in the workplace

Racial discrimination is a common problem in many aspects of society. Fortunately, it is regulated by law, and if you identify racial discrimination you are allowed to legally act upon it.
When it comes to racial discrimination in the workplace, it is considered discrimination if the employer does the following:

1. Discriminates during selection and recruitment – this includes determining who should be offered the job, which type of job is offered to whom and refusing a person based on their skin color.
2. Sets terms and conditions of the employment according to the skin color of potential employees.
3. Refuses access to benefits such as promotion, training or transfer to the members of different race.
4. Dismisses an employee based on his or her skin color.

These are the most extreme example of discrimination, and they are easily noticeable and justified to act upon. They are straightforward so they are not difficult to identify, but there can also be the cases of indirect and more subtle racial discrimination. They are not that easy to identify, but if you do feel discriminated, it is important to gather the evidence and seek legal help, in order to stand up for your rights.  Legal help can find at  las vegas business immigration lawyer.

It is important to know that employers are also responsible for discrimination committed by their employees ob_cc52be_racisme-au-quotidientoward each other, and not only for their own acts. If you are discriminated by a co-worker, your employer is obliged to resolve the dispute and properly penalize the discriminatory employee.
Also, not only the companies are obliged to respect the law on racial discrimination, but it also applies to employment agencies, vocational organizations, trade unions, training providers and all the other institutions related to employment, as well as contract workers, partnerships and barristers.


Breach of contract – Remedies

Posted by on 9:10 am in Employment Law | Comments Off on Breach of contract – Remedies

Breach of contract – Remedies

When a breach of contract happens, the party that was damaged can request remedies from the side that breached the contract. Remedies must be based on terms that are written in that contract. There are four ways that a contract can be breached.

First there is non-performance – if party fails to do any services that are stated in the contract. Then you have poor performance, where one party failed to perform their services at the sufficient level. Part-performance is a way of contract breach where a party does only part of its required service. Then there is a breach of contract that happens when a party does different service that it was reasonably expected from them. If you have some problems you can find a solution at  los angeles social security lawyers.

184391230When it comes to damages, there are several types of it.

Compensatory damage is given to a party that is damaged by the breach of the contract. The party that breached that contract is required to pay two damages: direct damage from the breach and consequential damage- damage that will happen due to breach of that contract.

Anticipatory-BreachThen there are liquidated damages. These damages are stated in the contract, and they will be paid if some of the terms of the contract are breached. This is done to avoid calculation of compensatory damages by court when a breach happens. There are two kinds of liquidated damages, those that are legitimate, and those that are called penalties. Penalties are in most cases reduced damages, that are paid for smaller breaches of contract ( they do not endanger the contract, but are issued to prevent further breaches of the same kind ).

Nominal damages are another kind of damages. They consist of small amounts of money paid due to lack of real damage caused by the breach. In that case breach causes little to no damages to the other party, but that party may require compensation ( which is rather small ) to send a message to the other party that breaches will not be tolerated.
Punitive damages are used as a punishment to the offending party. They are not used to cover expenses made by breach, but to admonish the guilty party.

Authorized and unauthorized pay deductions

Posted by on 8:58 am in Pay deducations | Comments Off on Authorized and unauthorized pay deductions

Authorized and unauthorized pay deductions

Pay deductions are included in legal protection of the employees, and unless they are
authorized and justified, paying-employees-with-cashit is considered unlawful that your pay and wages are reduced without a legitimate reason. Not only that full-time employees of a company are protected from unauthorized pay deductions, but the same protection is granted to apprentices and contract workers. For all information you can contact  san francisco Employment law attorney.

First of all, it is important to make a difference between pay and wages. Pays include the amount of money paid to you by the employer, in relation to your job. Wages are the pay rate for an hour or a month, i.e. the amount of money you should be paid. Wages include: all fees, bonuses and commissions related to your job, statutory payments (such as payments received during maternity leave), and all vouchers that can be exchanged for money, services or gods (such as lunch vouchers).

Wages do not include: pension and redundancy payments, payments in kind, tips, loans and payments of expenses incurred in employment. This is important to know because if your employer makes an automatic-deductions-money-skyunauthorized deduction from a sum that does not fall under the category of wages, you are not allowed to take legal action (expect if the employment contract forbids the employer to perform such deduction). If the unauthorized deduction is made on the sum that falls under wages, you are allowed to take legal action.


Pay deductions are authorized and justified in certain conditions, and this are:

• When the deduction is required by law (student loan repayment, taxes and the like)
• When you and the employer make a contract concerning the deduction and you agree on it by signing it
• When your employment contract allows it
• When it comes as a result of statutory disciplinary action
• When a public authority requires a statutory payment
• When you have been absent from job because of taking part in a strike
• When the deduction is made to cover previous accidental overpayment
• When the deduction comes as a result of a court order or decision.
In these instances, if there comes to pay deduction, you are not entitled to taking legal action.

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