Employment should be as simple as interviewing, hiring, and then learning to do a specific job or task. However, there are actually many disputes that arise regarding unfair employment practices. The government protects employees in the fact that all job applicants should have the same ability to a job, regardless of their race, gender, or other characteristics. The following work related legal issues are the most common.
Labor racketeering
Many places of employment have unions. A union is to protect the worker rights of the employees. However, sometimes the employer is taken advantage of. This is known as labor racketeering. It is when the union is controlled, all for the benefit of someone else, either the employer or the employee. Labor racketeering is harder to identify, but often results in legal charges and compensation for damages. Some labor racketeering cases are settled pre trial when an agreement is made between the two parties. Except to the extend modified by the parties, class actions will be handled by FedArb Arbitrators or Panels in the same manner as they are handled under FRCP 23, including certification, notice, and settlement.
Class action lawsuits
Class actions occur when a large group of customers get together to seek compensation. This is usually the result of a poorly made product or a product that does not contain sufficient warning labels. Additionally, when intention poor business is done by a company, a group of employees or customers might also bring about a class action. Usually, class actions are settled, but do sometimes go to court. Most class action lawsuits are based on the idea that a group of people?s civil rights were negated.
Contract disputes
Contract disputes are also quite common among businesses. The contract dispute could be between the employer and its employee, or between the business and another business that they provide services or products to. Contracts should always be carefully evaluated before signed, however, they rarely are. Contract disputes are usually won in the favor or whatever the contract says, but other outcomes can occur too, depending on the specific case. If the contract included corporate compliance, the business could be legally charged for not following government and corporation guidelines.
Bankruptcy cases
Approximately 90% of all chapter 11 debtors have less than $10 million in assets and liabilities, less than $10 million in annual revenues, and 50 or fewer employees. During a typical bankruptcy case, a small business may owe millions to their service providers. A lot of conflict arises because the service providers may stop delivering or providing services, thus putting the company even more at risk of failure. Bankruptcy cases hand the business and its assets over to the court to decide what money should be allocated and to where.
Bankruptcy cases can also affect employees. In many cases, businesses enter into bankruptcy with back pay owed to the previous employees. The employees may also be owed additional funds, including vacation time, stock options, and unpaid benefits. Depending on the specifics of the case, the business may be forced to pay off any employees, before paying off owed businesses or service providers.
The employment agreement is actually very detailed and in depth. It is not as simple as agreeing to work somewhere and then showing up for work. There are many problems that can arise during this working contract. Many of these problems lead to legal disputes that require an experience attorney. Some of the most common employment legal disputes include labor racketeering, class action lawsuits, contract disputes, and bankruptcy cases.
