Conflict between workers and the employer is a commonplace issue in the workplace. Federal and state laws related to employment issues help maintain the balance of power in the workplace by defining the characteristics of an ideal employee-employer relationship.
Generally, employment law encompasses employers’ rights and obligations within the employer-employee relationship – between employers and their current employees, job applicants, and former employees. Because employment relationships are complex and the several different situations can arise out of it, employment law also involves legal issues such as discrimination, wages and taxation, wrongful termination, and workplace safety.
As such, many of these issues are governed by applicable federal and state laws. However, in instances where the employment relationship is based on a valid contract entered into by the employer and the employee, the state contract law alone may dictate the rights and duties of the parties.
Employment laws, rules and regulations also help protect workers when conflicts arise with their employers. In an ideal work place, these rules define the relationship between workers and their superiors. Because of the great number of rules and regulations established by various levels of government agencies governing both the employee and employer, it would be necessarily to take the services of lawyers to guide both parties through the rights and obligations of this relationship.
In addition, employment law also tries to mitigate the effects of that conflict and to equalize the factors so that conflicts can be resolved. While good intentions on both sides can help reduce the level of conflict, it is inevitable that an employment lawyer will be called in to mediate or resolve the conflict.
Here are some of the common issues affecting both the employees and the employers:
Complaints about a policy or manual – a company policy manual to a lawyer unless there is some underlying complaint that takes them to the lawyer first, labor unions and some worker’s rights organizations will certainly have their legal staff review such manuals as a matter of course. The individual employee should read and be familiar with the company policy manual. Then, if the employer takes any adverse action against the employee that appears to contradict that manual, the employee should contact a lawyer versed in labor or employment law to help protect the employee’s rights. Any discrimination based on sex, race, religion, age, or disability, if not immediately corrected by the employer when the employee complains through established channels, should be brought to a lawyer. Similarly, any harassment complaints if not addressed, should also be brought up to a lawyer. When health and safety rules of employees were violated and employees bring these to the attention of the appropriate government agencies. Employees can also seek appropriate protections under whistle blower laws when filing these complaints. Terminations – Employee termination is an area where both sides of the relationship may benefit. Rules and regulations regarding termination can affect the employee-employer relationship. A clearly written termination rules must be put in place to protect both the rights of employees and the interest of the employers.
Ask our team of legal experts on issues regarding employee-employer relationship and other concerns in Employment Law. Visit our site for further information.
By: Manuel Salvacion
Posts Tagged ‘State Laws’
How State Law Defines the Ideal Employee-Employer Relationship
March 24th, 2010Last Will And Testament Laws
March 6th, 2010
The laws of each state specify conditions for writing a last will and testament. Under old common law there used to be a separate writing disposing of real property (real estate) called ‘testament’, and a separate writing disposing of all other property called ‘will’. Hence the archaic phrase ‘last will and testament’.
Because wills are documents to survive after their testators, the laws are very strict as to what should be or not be regarded as wills, as well as their proper implementation. Take the example of Alabama. The state stipulates that the maker of the will must be above 18 years of age. He must be of sound mind and he must be free from improper influences. As to how a will must be made it is stated that the will must be written, must be signed, and witnessed in a special manner provided by the Law. A person can change his will as many times as he pleases either by executing a new will or by adding a legal amendment called as a Codicil which has to be carefully made. Professional legal advice must be sought if. You find the State Laws complicated.
The law comes to play especially when a person dies intestate. In Alabama, for example, if a person with a wife and 2 children dies, leaving $100,000 without a will, then the spouse will receive the first $50,000 in property value plus one half of the balance of the estate, and the children will receive one fourth of the balance of the estate. Similarly, if there is no will, the person’s administrator cannot carry on the business of the deceased without approval from the court. If there are minor children (under 19), the court may appoint a guardian. Since the person has not named an executor, the state will appoint one to take care of the estate.
Some states recognize holographic wills which are completely handwritten personalized documents of persons caught in emergency situations. A holographic will need not be witnessed but a proof of handwriting must be produced in the court during probate proceedings.
If the will is not holographic and is printed it is required that the testator must sign it in the presence of at least two witnesses (three in some states like New Hampshire). To avoid future contesting of wills, it must be declared that the testator is of sound mind and free from undue influence from any quarter. The Law is also common to all states that the witnesses to the will cannot be named as beneficiaries in the will.
The law also allows for a person to change his will according to the changing circumstances in his life. He may marry, have a new child, get a windfall profit, etc. Revoking earlier bills and executing new one can bring changes. Or, codicils can be added to the existing will, which makes amendments, deletions and additions. A witnessed will can even be amended by a holographic codicil.
The laws of each state differ slightly in their formation and implication. But basic laws in all states follow the above patterns.
By: Damian Sofsian
State Law FAQ
December 19th, 2009What is the approximate jail time for armed robbery?
The penalties for armed robbery are determined by state law. The penalty in California may be different than the penalty in Texas. You need to specify where you are from to get the proper answer. Also, the sentence may depend on many factors in the discretion of the judge..
what is the power of federal over state laws?
The Constitution gives congress the power to make laws. States can also pass laws specific to there jurisdiction as long as the state law does not violate federal law. In cases where there is no federal law, states are free to come up with their own. An example that.
What is the wierdest state law you have heard of/read about?
Here in UK in my hometown men can have an afternoon off work to practice the longbow. In the UK as a whole it is legal for a male to urinate in public, as long it is on the rear wheel of his motor vehicle and his.
What law requires me to have an I.D. as an American without any added circumstances – ie Driving, working etc.
I’m asking on basis of law. (Yes I understand life would be tough without identification because ‘state law’ requires it for driving / working etc). I just want to know what exact law requires me to go into a.
what roles do states have in making abortion laws?
very little because of roe v wade has made it more of a federal matter. every state law that is passed will automatically be filed against in federal court. that is part of the reason why pro life movement wants roe over turned. so that the states and the.
what’s the max that a landlord can charge for late fees?
if a tenant is past the 5 day grace period alotted by law what the maximum dollar amount that the landlord can charge for a daily late fee? It is set by state law, county law or city ordinance. Check with your county. – Here in Florida the.
When does state law supercede Federal law?
Federal law is, by virtue of the constitution, the ‘law of the land,’ meaning that it supersedes in every instance where they may pass laws covering the same issue. On things like minimum wage, it’s not really an issue of superseding; if federal law says it must be $5.15 or more,.
Where does it say in indiana state law that i have to stand for the pledge at my school?
I know i have the right not to stand but i want to print off something and give it to my teacher as proof for my right. Though I disagree with your actions, I will fight to the death to.
which law supercededs state or federal?
federal law says in order for states to receive grants for assistance with needy families that if the person who receives cash assistance from the state receives child support then the child support is waived and goes to the state. but state law says that the custodial parent has no right to waive.
wondering what the penalty is for being accused of assault on a family meber when there are no marks no eviden
Assault does not only have to be physical, it can also be administered mentally. – There are no legal ‘penalties’ for accusations. Your daddy may tan your hide regardless. – Depending on state law, assault could be.
(VT Shootings) How many people could these crazy people kill if ever one had guns?
If any of the students or faculty had been exercising their right to conceal carry under state law the killer could have been stopped before he killed that many people. Why does everyone seem to over look this. Why do people only get one.
Can states pass laws in opposition to federal laws?
This is a general question concerning the case where the state law might be passed after the federal law existed and is in exact opposition to the federal law. Also, what would the consequences be for the state and for violators of the federal law? No. The ‘Supremacy Clause’ of.
Constitution of the United States is the foundation of the laws of this country.Why state law so different?
I recently moved to a city with my family and rottwieler. Man and his children have taunted & hit my dog.Lock disapearing ect. they even stole our cat over the past winter. The police would only file one report and the.
Federal law states that it is illegal to use certain drugs (marijuana). Some states allow medical marijuana.
if the fedral govrn. wants to have the state law unconstitutional by a court what argument would the federal government make? ANY COP THAT WOULD BUST A MED MARIJUANA PATIENT IS A BOTTOMFEEDER AND A COWARD! – They would just say that.
Has the law passed that sex offenders can not live with in a 1,000 feet of a school rember i live in sidney oh
Yes, a while ago. It’s a state law. Here’s a report about the unsuccessful challenge to the law. http://publicdefender.typepad.com/public.state law – It has here, and I live in California. – I’m from.
How old do you have to be to own a Gun In the United States?
Depending on state law, by federal law 18 for a long gun, 21 for a handgun. And of course, you can’t be a druggie, an illegal, a convicted felon, or have any domestic violence issues. – To legally own a firearm you must.
I was fired for a supposed positive drug screen i need advice?
they told me that my drug screen was positive, but i never saw any paperwork on it. in iowa there is a state law that says they must send a certified letter stating results and how to protest the results. i never recieved any such letter(iowa code.
If the legal age of concent in my state is 16, why must anyone in a porno be 18 or older?
consent for private sex and consent for a public affair is two different things. plus in this matter your parents still have jursidiction over you – the money is what changes it. – You’re confusing state law.
If you commit a crime in Washington D.C. that is typically considered a state crime is it a federal crime?
Yeah I’m just curious I’m not planning to commit a crime or anything. Federal Crime, there is no state law in DC because they are not a state. However, there is a separate appeals circuit just for DC and.
If your name is on the lease, can your roomate have you removed from it or kick you out?
I am asking about this in ragards to Gergia state law only. If my roomate and I both have our names on the lease for our apartment, and my roomate is the only one paying bills (due to the fact.
In the state of Missouri, is your landlord allowed to come on the property in the house without permission?
We are paid full on rent, we never signed a lease b/c he didn’t make us ? W hat is a renter’s rights? Thanks for any help!! It might be in state law, but it usually a part of your.
Is it legal for my wife of age 20 to.?
consume alchohol in our home on our property, I am 31 and I live in Missouri, who knows this state law Whatever you do behind doors, is your own business. Have fun!! – Beyond the cradle robbing thing — no — technically she is not of legal drinking age..
Labor law- how many paid breaks do you get?
Most are mandated by state law. A general rule of thumb is 4hrs – one 10 minute break 6 hrs – one 10 minute break, 1/2 hour paid or unpaid meal break 8 hrs – 2 ten minute breaks, 1/2 hour meal break, paid or unpaid. – none -.
More State law questions please visit : LawFreeFAQ.com
By: lawfaq
