Using FMLA law as an Weapon against Employment Discrimination Charge

blogger

It has been a long time describing such a typical case of FMLA laws in Ohio. It is an employment issue with an employee who had been out of the office for the treatment of cancer. After the person gets well and wiling to be back on job, the employer is not in a position to take back the employee to his company. There can be a serious allegation against Ohio employee rights violation.

So, how to tackle the situation? Will it be termed as employment discrimination under the law of FMLA act? Is it the employer who seems to be guilty for not retaining the employee after his/her recovery?

Know the employers view point:

Before we start analyzing the way outs let’s view the genuine constraints for the employer. Yes, it is a deliberate confession. The employer is running a small company with the strength of only 15 employees. While the employee was out on leave, the economy was shattering leaving out lots of lay offs and salary cuts on work. Under such circumstances of slow business the employer can’t afford the employee now.

Apprehension for legal penalties:

But again there is always a possibility of legal intervention that may sue the employer for not allowing the employee to continue with the job. Of course, it’s a true confession by the employer that he would retake the employee once the things get fine. But how certain and safe is the position of the employer against law? The concern finally ended up with the petition to an Ohio FMLA lawyer.

What best can be done to protect the employer?

Fortunately being a small company, the employer can take advantage of the loopholes of FMLA law. Employment discrimination rules under FMLA act apply for the companies having 50-75 workers only. So it seems the employer is too small to be covered under the federal law. Moreover Ohio does not have any family law at the state level.

Employer’s job:

However there is the rapidity required for the employer’s point of view also. During last salary cuts or lay offs the employer should have eliminated the employee position and informed him/her about the decision at that time only. By doing this it would be easier to avoid being appeared that the employer is not illegally discriminating the employee by using FMLA laws.

Concluding the whole discussion the final solution could be like this- First allow the employee to join the office and let him/her work for 2 weeks. Then eliminate the employee position. The reason is that while making the internal changes the employer didn’t lay off the employee. But now in this current situation the employer can do it and it wouldn’t be regarded as discrimination too.

In this context one shouldn’t forget that companies with strong employee strength can’t escape the loopholes as discussed. In such case personal attention from an attorney on employer-employee rights is the priority all the times. Consulting resourceful online legal directories for attorney search can also be an apt solution in most of the cases.

Singapore Employment Pass How To Get Approved

blogger

The Ministry of Manpower grants Singapore Employment Pass that is usually valid for one to two years to eligible applicants. Employment Pass provides comfort to foreigners in terms of travelling in and out of the country. The work visa is renewable as long as the pass holder remains employed in a Singapore company. It also provides chance to pass holder to apply for a permanent residence status.

Employment Pass is required for any entrepreneur who has just incorporated a Singapore company and desires to move to Singapore. Moreover, the work visa is also required for corporation looking to relocate their staff such as managing directors and management staff of the company.

We have provided basic considerations on how to be qualified, eligible and how to get approved for a Singapore Employment Pass. Please read on and take note of these details:

Eligibility Requirements:
Recognized educational diploma/degree
Professional qualifications
Specialist skills

Basic Considerations Assessed by The Ministry of Manpower:
Salary
Age
Roles & responsibility
Related work experience
Companys background
Companys paid up capital
Current citizenship

Basic Documents to Furnish:

The above qualifications should be satisfied first before securing the following documents: resume or CV stating your educational and employment history, copies of educational certificates and past employment testimonials, and a copy of your passport details. However, any documents that are not in English must be translated into English by an official translation service. In addition, there are three Employment Pass groups, P! for applicants earning a salary of more than S$7,000, P2 for salary of more than S$3,500 up to S$7,000 and Q1 for salary of more than S$2,500.

Service of a Professional Firm:

For processing of your application, you need to hire the services of a professional firm who will apply in your account for your Employment Pass. They will be the one to apply online to The Ministry of Manpower, as the application method is shorter. It normally takes 1 to 15 days to issue an approval. Once approved, the Ministry of Manpower will issue an In-Principle Approval (IPA) letter via email. The IPA letter must be produced upon collection of the EP at the Work Pass Division at Ministry of Manpower. An IPA letter is valid for Six months from the date of notification of approval.

Employment Law – Excessive Working Hours – Breach Of Duty Of Care

blogger

n the case of Mark Hone v Six Continents Retail Limited (2005), a pub landlord having collapsed due to overwork successfully sued his former employers in the County Court for breach of duty of care.

Mr Hone, the claimant, started working for Bass (now Six Continents) as a pub manager in 1995 and in 1998 was awarded “Pub Manager of the Year”. However, in 1999 he started working at The Old Moat House where he found himself working 13 hour days.

He repeatedly complained to his employers that he was overworked but the employers took no action. He had no assistant manager and other staff members, who left, including two chefs and an administrative worker, were never replaced.

Mr Hone, who had refused to sign a clause opting out of EU legislation that limits the number of hours an employee works, began suffering from headaches and insomnia. In May 2000, he collapsed at work suffering from an anxiety disorder. In 2004, Mr Hone sued Bass for breaching the duty of care owed to him as an employee.

The first instance court ( Swansea County Court ) held that:

Bass had not taken reasonable steps to ensure that Mr Hone did not work over 48 hours, which was likely to cause injury to his health, and that resources were available to employ more support staff for him; and
Bass should pay Mr Hone 21,000 in damages.
Six Continents (formerly Bass) appealed this decision to the Court of Appeal who upheld the Swansea County Court’s judgment.

Comment: This case highlights the importance of not imposing excessive working hours on employees and ensuring that employees have sufficient staff support.

If you require further information contact us at

RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Instant High Paying Jobs For Teens

blogger

So you have a teen on the hunt for a half decent job but what are their options these days. Everyone is telling them to baby sit or get a paper delivery job but both are time consuming and pay third world country rates when it comes to money in their pocket. It is even harder trying to land a job position that has been advertised somewhere as employers receive hundreds and hundreds of applications when advertising in the current job market. A recent study showed that it is now taking the average person 4 7 months to find employment and they expect that figure to lengthen.

So what can I do you say, well thanks to modern technology all this is about to change. The days of searching endlessly for employment are fast coming to an end as the internet slowly takes over and starts filling this increasing need in the teen job market. When it comes to jobs for teens it is now possible for them to land their dream job in under ten minutes no matter who they are. When they take a job online there are no lengthy, intimidating interviews to go through and their application is always accepted no matter where you live or what qualifications they may or may not have. When you compare this to the difficulty of applying for and getting a normal advertised job it is no wonder that thousands of teens are switching to paid online jobs.

Paid online work beats traditional jobs hands down every time. Online jobs these days mostly consist of completing online surveys as these are generally higher paying when it comes to the types of work you can do online and they make fantastic jobs for teens. Most of these places are free to join and once they have signed up they can then start taking surveys and get very well paid for it. Most teens that are doing these surveys are earning at least $10 for a twelve minute survey with the money getting transferred to their account on completion.

The surveys themselves are extremely easy to complete and there is an unlimited number of different types of surveys that can be taken. There are no set times that they have to work, teens can quickly and easily work at their own pace as often or as little as they like each week, its up to them. By just taking 3 surveys per day, 5 days per week, a teen is capable of earning $150.00 per week. Just try finding a job anywhere else that pays as well as this that will hire them instantly.

Which survey companies they end up joining makes a huge difference to how much money they make. Pick the wrong ones and they could end up working for $2 – $5 per hour and getting very frustrated. Out of all the Free To Join paid survey sites online today there are only a small list of survey companies that have the genuine higher paying surveys available on a daily basis. Joining all of these top 7 companies ensures that they have and endless supply of high paying surveys to take every day when they log in.

So the choice is up to them, with the state of the current job market are they going to keep slogging it out looking for a position like everyone else or get hired instantly today and earn more money than they ever thought possible as a teenager.

Book Review The General Theory Of Employment Interest And Money by John Maynard Keynes

blogger

It seems that most editorials about John Maynard Keynes are have an tremendous political slant and are generally done by those who have never even read this book. Primarily they are against his core conclusion that broadened government participation is required in the economy for stabilization functions. The key to comprehending Keynes is the idea that at unique times in the business cycle, an economy can become over-productive (or under-consumptive) and consequently, an agressive spiral is started that results in considerable layoffs and cuts in production as businesses try to balance aggregate supply and demand.

Thus, full employment is simply one of several or multiple macro equilibria. If an economy reaches an underemployment equilibrium, something is necessary to enhance or spark demand to generate full employment. This something could possibly be business investment but The General Theory Of Employment states because of the logic and unique characteristics of investment choices, it is less likely to rapidly reestablish full employment.

Keynes logically seizes upon the public budget and government expenditures as the shortest way to restore full employment. Borrowing the money to fund the deficit from private households and businesses is a fast, direct approach to restore full employment while at the same time, redirecting or transfering off the funds from the private sector which prompted the over-production in the first place. This book is essential to understand modern economics.

There are many things The General Theory Of Employment and Keynes was right about as well as completely wrong about. However, understanding his perspective is important when weighing alternative viewpoints. It is also important to compare his ideas with the actions of governments. You will at times see massive deviations from his theory into areas that he never suported to such extent that he wrote an open letter to FDR protesting his actions while trying to recover from the Great Depression.

About the Author: Walter provides over a decade of market information, economic knowledge and other great book reviews on his website http://bidhitter.com.

Copyright 2010 BIDHITTER