La Law Defenders’ Role On Various Employment Stages

Los Angeles is one of the most highly developed and economically stable cities in the world. It is one of the leaders in international trade, entertainment, aviation, apparel and tourism. 

It is also a home to various industries such as media production, finance, telecommunications, law, modern medicine, health and transportation.


As it is, employment in Los Angeles is without a doubt on the rise. Consequently, employment problems will surely arise. 

Whenever employment problems occur, victims may turn to Los Angeles Employment Law Defenders. They are helpful whether the problem arises in the pre employment, stage, employment proper or post employment stage.

Stages of Employment
Employees must be on guard of the different stages of employment. This is because employment problems may happen not only when an individual is rendering actual services but also during the application stage. The various stages of employment include pre-employment, employment and post employment.

Pre-employment Stage
Hiring
Under federal law, an employer does not have to hire most qualified applicant. However, an employer cannot base his/her hiring decisions on personal circumstances of an applicant that are not work-related. These circumstances often include: 

• Age 
• Race 
• Gender
• Religious Beliefs 
• Nationality 
• Disability

During an interview, the interviewer cannot ask questions relating to these circumstances. It can only ask questions on personal characteristics if it could prevent the applicant from fulfilling the job’s requirements. 

References
A previous employer may be asked of any non-confidential information about a previous employee. This information must be true and must not maliciously harm the employee. Otherwise, he/she may be liable for defamation in case of false information. 

To avoid any liability, it has become a normal practice for employers to comment only on past employee's job performance. They confirm only dates of hire and separation, plus wage or salary information. 

Employment
It is during the employment stage that various violations of employees’ rights are taking place. These violations include discrimination, illegal dismissal, nonpayment of holiday pay, harassment and other work related disputes. 

Employees at Will
In California, employees are presumed to be "at will" or those who can be terminated for any legal reason.

Generally, employees who signed an employment contract can only be terminated for reasons enumerated in the contract. In California, the at-will presumption can be overcome by evidence showing that employer's power to terminate is limited in some way. 

Workplace Protection 
Federal and state laws require that most employers provide a place of employment that is safe and free from hazards. Otherwise, an employee may anonymously complain about an unsafe work environment. The employee, in turn, is protected from employer’s retribution. 

Workplace Injury
Worker's compensation laws are enacted to compensate employees who have been injured or killed in work related accidents. Dependents of a deceased or injured employee may also be entitled to benefits. 

Employers, on the other hand, may be protected by limits placed on the amount of an employee's recovery depending upon the classification of his or her disability: permanent total disability, temporary total disability or temporary partial disability. 

Sexual Harassment
An employer may be liable to an employee for any act of "sexual harassment". It includes any unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. 

A professional help is required in determining the existence of harassment because the laws provide what conduct, or pattern of conduct, constitutes actionable sexual harassment. 

Discrimination and Wrongful Termination
Employers are not allowed to terminate or discriminate against employees for the following reasons: 

• Age 
• Race 
• Sexual Preference
• Religion 
• Nationality
• Disability 
• Pregnancy

Post-employment
Unemployment Benefits
Unemployment benefits are based on combinations of federal and state statutes. 
Unemployment compensation programs provide monetary compensation to workers who have been illegally terminated. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits. 

In California, the Employment Development Department oversees the unemployment insurance program pursuant to the provisions of the Unemployment Insurance Code and Title 22 of the California Code of Regulations. 

An understanding of these various employment stages could spell a lot of difference in pursuing your claims. If you are in Los Angeles, its employment lawyers are always ready to defend you in court or settlement.

Our Los Angeles Employment Law Defenders expertly assist our clients in pursuing their employment claims. For a free case analysisjust log on to our website.

By: Mary Jean Kuda

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