Friday, December 26, 2008

Defending Your Rights under the Employment Laws

by: Rainier Policarpio
With the changing times and increasing accounts of job-related disputes comes the need for various laws that focus on resolving these particular issues. Along with this, the employment force must be able to fully understand their rights under the pre-existing law provisions and utilize them to protect their own interests.

Specifically in Los Angeles, the workers are guaranteed of legal remedies and protection from abusive employers who fail to manage them lawfully. Here are some of the following rights and privileges that are somehow helpful for the employees who may have experienced employment discrimination or abuse:

Right against Discrimination

As stated under the California Government Code and Federal Code Title VII, it is unlawful to discriminate and/or harass workers based on their:

• Age

• Race, color or national origin

• Gender or pregnancy

• Religious affiliation

• Marital status

• Disability

In addition, as provided by the Labor Code, employers are not allowed to retaliate against their employees who:

• Uphold their rights for reasonable wages

• Filed their complaints regarding the unhealthy and/or hazardous work environment

• Asserted their rights for worker’s compensation

• Testify before the court, revealing the illegal activities in the company

• Involved themselves in other lawful activities not related to work such as political activity and skills enhancement trainings

Any employee who will experience these violations may file their case with the Equal Employment Opportunity Commission the California Division of Labor Standards Enforcement within six months prior to date when the discriminative act occurred.

Family and Medical Leave Act

Every employee may have the right to utilize a three-month leave without the fear of losing his or her job for the following reasons:

• Take care for a newly born baby or adopted child

• Provide attention for a family member who has a serious ailment or health condition

• Seek treatment for his or her own sickness

Organizing a Labor Union

Employers do not have to interfere in any manner regarding the formation of a labor union and any of its lawful activities. Unless these labor actions are being done in an orderly and under the limits of the law, the company owners cannot file any case against union members.

Any instance of employer interference or harassment related to this issue may be reported to the National Labor Relations Board within a period of 180 days.

Workplace Safety

To protect their workers from possible hazards in their workplace, the employers must provide them with adequate training seminars and programs on how to protect themselves on the job. If necessary, the companies must supply all the protective equipment and gears.

Employers disregarding this right of the workers may be brought to the Division of Occupational Safety and Health.

Right to Representation

All citizens, not just workers, who have been aggrieved, discriminated and/or harmed, have their basic right to legal represented. Therefore, in filing their respective claims and complaints, the affected employees may seek the assistance of Los Angeles employment law defenders who have the proper knowledge and skills in preserving their rights.

This is certainly beneficial, especially for those workers who do lack the any background about the laws that safeguard their welfare. To add, labor attorneys can help their clients in establishing a strong case against their illicit employers.

Please do visit our website at http://www.expertlosangelesattorney.com/EmploymentLaw.html and seek the assistance of our Los Angeles Employment Law defenders if you think any of your rights as a worker have been violated. Our expert Los Angeles attorneys will do their best to establish a winning case for you.



About The Author
Rainier Policarpio used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.



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