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Personal Injury Tips

Posted on 28. Jan, 2010 by Admin in Uncategorized

It does not matter if you are an employer or an employee, knowing as much as you can about employment law is vital. For an employer it can help save from lawsuits and if you are an employee it can help you know your rights and if they have been violated.

Regulations

You would actually be surprised as to how many rules and regulations there are for employers. Take for example there are 100 statutory instruments, 25 statutes, 36 European directives, and 20 codes of practice, that is over 181 regulations involved with employment law. It can become a little overwhelming for employers trying to follow everything by the book.

Contracts

Many do not know that it is not required to have a written contract of employment. When an employer has offered a job and the employee accepts a contract has been created. Of course, it is in both parties’ best interests to have an actual written contract drawn up.

If there needs to be a change in the contractual agreement, there will need to be permission from any party involved. There are many reasons for a change such as, location switch, pay raise, different job title, or different hours. If either party disagrees n the changes, the contract cannot be changed.

Compromise Agreement

This is a legal document for terminating an employee’s job and means the employee revokes their right to file a suit or claim against the employer. This is given in exchange for the employer to issue a full and final settlement. There are also job loss situations due to the business deciding to stop trading, move to a different site, or a change in the need for their products or services provided.

Time Limits

There is generally a 3 month time limit on claims filed with the Employment Tribunal.  This time limit begins on the day of an employee’s termination or date the claim was filed.  However, there are special circumstances that allow a claim to be heard past the time limit. For example, the employee filing the claim was in the hospital and as a result the claim could not be made quickly.

Wrongful Dismissal

Some situations occur where an employee feels the appropriate disciplinary process was not followed.  Other cases may involve certain circumstances that lead up to the dismissal were not evaluated. These cases are justifiable for an employee to appeal their dismissal.

Monetary Limit

There are many circumstances that provide no limit to the compensation reward for matters such as discrimination of age or race.  Then there are other matters that have a limit on the compensation received, each case is different.

Service Time

There are special cases that require a certain time of service provided by the employee before they can file a claim. Discrimination cases have no minimum service time. Wrongful termination generally requires 12 months and redundancy 24 months of time for a claim to be filed.

Additional Legal Tools: The Shavitz Law Group, P.A.. Serving all of Florida and Miami.

Tags: miami personal injury attorney, wrongful dismissal