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Tag: Employment Lawyers

Employment Attorney

What to Ask an Employment Attorney

If you have a workplace related legal issue such as workplace bullying, discrimination, harassment of any type of unfair or unlawful termination, it might be time to meet up with an Employment attorney in New Jersey. This is of course, a worst case scenario.  One of the first things you should do is try to talk to the person in charge or to human resources to see what can be done – if anything.  If all else fails, then the next logical step would be to speak to a lawyer.  When it comes to meeting with a lawyer, make sure that you make the process as easy and smooth as you can.  Be sure to prepare a list of a few questions that you want to ask the lawyer.  Asking questions is a great way to see if you and the lawyer are a good match and if they can handle the situation at hand properly.  Here are a few of the questions you should be asking your Employment attorney if you are serious about the situation and need help.

What Is the Americans with Disabilities Act?

The disability rights movement has gained significant support in the United States since its inception in the 1960s. When the Civil Rights Act was signed into law by President Lyndon Johnson in 1964, Americans who lived every day with the difficulties caused by disabilities began advocating for their rights and opportunities. Since then, advocates have worked tirelessly for people with disabilities, demanding equal rights and opportunities where they typically have been excluded simply because they are disabled. In response to this growing movement’s fight, in part, for equal opportunity in the workplace, the Americans with Disabilities Act of 1990 (ADA) was signed into U.S. employment law by President George H. W. Bush. Penned by Democrat Senator Tom Harkin of Iowa, the bill prohibits, under certain circumstances, discrimination of any employee or potential employee based on disability. The law prohibits such discrimination, not just in the workplace, but in other areas as well, including public accommodations, commercial facilities, transportation, and telecommunications.

What is The Equal Pay Act of 1963?

Equal pay for equal work … it’s a concept that has long been disputed in American employment law. Did you know that it wasn’t started by women advocating for equal pay, but by unions fighting for equal wages for men? When soldiers went off to fight World War II and women worked their jobs to keep the U.S. economy functioning, the National War Labor Board urged employers to pay women the same wages as their male counterparts. Because, however, most companies did not heed this advice, men returning from war worried that their jobs would be permanently taken by the cheaper women’s labor force. In response, unions stepped in to try to stop employers from undercutting men’s wages. The concept of equal pay grew out of these circumstances, and has since been equated to lower wages paid to women. What ensued after a decades-long fight was the Equal Pay Act of 1963, signed into the nation’s employment laws by President John F. Kennedy.

Age Discrimination in the Workplace

The Age Discrimination in Employment Act or ADEA is a federal law that prohibits workplace discrimination based on an individual’s age. There are also state specific laws which make it illegal to discriminate against workers based on age. Employees who are 40 years old or older are protected from age discrimination under the ADEA. In 1990 the Older Workers Benefit Protection Act (OWBPA) was added as an amendment to protect older employees from being denied benefits by employers.

What is the Americans with Disabilities Act?

The Americans with Disabilities Act or the ADA prohibits discrimination against individuals based on their disabilities. This is similar to other employment laws which protect the civil rights of individuals on the basis of race, religion, gender, or national origin. The ADA is meant to provide equal opportunities for individuals who have disabilities in the workplace, transportation, public accommodations, telecommunications and state and government services.

What is Sexual Harassment?

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment which is a form of sexual discrimination. It is prohibited by law to harass an applicant or an employee based on their gender. Harassment can include a wide variety of actions such as unwelcome sexual advances, asking for a sexual favor, and many other verbal, non-verbal or physical actions that are of a sexual nature. However, even offensive remarks that are made about a person’s gender or sexuality can be considered sexual harassment. It is prohibited to make offensive remarks about women in general or men in general. Victims may be either male or female and victims do not have to be of the opposite sex. As a general rule, the law does not deal with incidents where there is simple teasing, silly comments or isolated incidents that do not escalate. However, when harassment becomes severe and creates a hostile work environment or an offensive work environment then the law is there to protect workers. A harasser can be a co-worker, an employer, supervisor, or even a person who is not employed by the company like a customer.

What is The False Claims Act?

The False Claims Act is also called the “Lincoln Law” and is a federal law of America that imposes liability to federal contractors who defraud programs set up by the government. There is a provision that allows for those who are not affiliated with the government to also file actions for the government. Those that file can receive about fifteen to twenty?five percent of any of the recovered damages. Claims have typically been in health care, military, and other government spending programs. The government recovered almost $22 billion between 1987 and 2008 through the False Claims Act.

Laws that Protect Whistleblowers

When pursuing a whistleblower case the first step is to carefully check all th laws ans statutes that may apply to your given situation. An example is that although the Whistleblower Protection Act is well?known and has been extensively talked about it only actually covers a small part of the working population. When trying a case and not a federal employee, the case gets covered under different rules of protection altogether. An employment lawyer can work with you to set up some specific laws that pertain to your case if you are going to seek legal recourse.

What is the Whistleblower Protection Act?

The Whistleblower Protection Act, or WPA, gives protection from retaliation or persecution to government employees that disclose to the police illegal and improper conduct that goes on in the workplace. The law is to protect any federal employees who uncover some wrongdoing and report it to authorities. Under the WPA, the government agency accused is not allowed to end the employment or “bully” a worker of government contractors, science based agencies like NASA, or national security personnel.

Types of Lawyers

Attorneys
Lawyers

At one time or another during your lifetime it is likely that you will need a lawyer for a legal matter. When you need an attorney it is important to know what type will be needed. Lawyers are not generic, they have specific areas of the law in which they are an expert and have experience. They choose one area of the law to concentrate on and then continue their studies in that practice area in order to provide the best representation for their clients. The type of lawyer that is needed will depend solely on the types of legal matter is being handled. Here are just a few of the most commonly needed types of lawyer.