EMPLOYMENT AND LABOR ADVICE
Dealing with Labor Disputes
Labor law refers to employment issues that arise under those employer-employee agreements that have been reached in collective bargaining. But all workplaces have some types of rules or even just employee handbooks. Employment regulations of any type primarily exist for the purpose of governing the rights as well as the duties between employers and workers. The rules are meant to protect workers. Ensuring that the workers are treated in a fair manner while at the same time ensuring that the interests of the employers are protected. All workplace employment standards must be based on a number of factors. The contract has to be in compliance with all the federal regulations and state laws. These include:
• The constitutions of both federal regulations and state governments.
• Current legislation that is in place.
• Current administrative rules that are in place.
• Court opinions that have resulted in judgments in cases that have similar facts and
similar legal at issues.
• Any contract that has been signed in order to govern that employment relationship.
Why Should You Go to a Professional?
You should seek the advice of a professional as opposed to seeking your own redress in employment matters. Professional help ensures that all your best interests have been considered. Some of the reasons for this include:
• A professional will see to it that all your concerns have been met and adequately covered.
• The employment law professional will guide you through the steps that are required for the matter that needs to be addressed.
• The professional will guide you on the best course of action that you need to take; this is critical when the matter involves personal injury at the place of work.
• The professional will guide you in the areas that you need to have covered when dealing with the contract of employment.
• The professional will be better placed to guide you on current industry standards.
Hazards of Dealing with Employment & Labor Law Issues On Your Own
Employment law can get complicated due to the nature of the relationship that exists between the parties. Each party will naturally seek to have its interests protected. You should make sure that you have the advice and help you need in case you find yourself in an undesirable situation. In the absence of a professional, some of the possible hazards that you are likely to face in the course of your issues under the employment law sector include:
• You might risk making errors in the amount of compensation at issue in the case. This is especially the case if the matter relates to on-the-job injuries. Obtaining accurate and complete information at the outset can be very important and you may need an expert to help you.
• The process might be unnecessarily longer than expected due to complications that may arise in the case whether you expect them or not. This is especially true with regard to the personal aspects that may complicate cases of employment and the breadth of the issues that are being handled.
• The drafting of the employment contract might be made in a manner that does not fully protect all the interests which are legally protected. This may be the case, especially where the employment involves a fluctuating work week.
• The emotional aspects of difficult employment-related decisions can better be confronted with outside professional assistance. For example, there might be an issue involving the need for the employee to take leave because of a medical emergency in the family. A professional can help the employer and the employee balance the legal rights and obligations with personal and company values.
• An employer-employee relationship may have started with mutual respect and consideration, but conflict can often make people behave differently. Having a solid employment agreement in place can mitigate this risk. As an employer, you may want to do some research before writing your own employment agreements.
Some of the questions that an employment professional will help you answer as you negotiate an employment contract might include:
• Does each party have the information to negotiate intelligently?
• What role do I have in the employment? Am I simply a worker or do I have any shared interests in the work?
• Does the employer pay the expenses that I incur in the business or do I have to pay for them myself, and if that is the case, to what extent do I need to cover them?
• What is the exit plan in case the business goes to liquidation?
• What is the essence of my role in the business? Do I have an integral role or does my work merely serve to make the process complete with no extra value?
• Does the compensation that I receive reflect the level of work that
I have been requested to perform?
• What are the basic rights and duties that I should be aware of from your point as an employment expert?
In order to make sure that the process is as smooth as expected, you should take all the necessary steps to ensure that a professional is involved at all stages of your employment and labor concern. In addition, the professional should have demonstrated competence and the expertise required to answer all of your concerns.
Of course, there are also many workplace disputes that don’t require legal mediation. By following a few simple rules, you can help ensure that the small things don’t escalate into big things.
Read more about best practices for resolving workplace conflicts.