Avoiding Employment Disputes

3Everyone in business knows that successful businesses strive to “do it once and do it right.” This is the best approach to not only the services and products provided but also to the management of staff and the policies and procedures that are needed to support them. If you are an employer avoid employment disputes by doing it once and doing it right.

It is important for your business to have relevant policies, procedures and employment agreements. You also need to know the processes you need to follow when managing your staff. While you are the expert on the services you provide or the products you make or sell, you are not the expert on employment law, policies and procedures. When it comes to these things you need the best legal advice and support you can get. It makes good financial sense to do so because if you don’t do things correctly, employment disputes can occur costing you tens of thousands of dollars.

As an employer, you are required to have a written employment agreement with all your employees. While there

What You Need to Know About Pre-Employment Background Checks!

45More than eighty percent of employers do some type of background search on new employees. I’ve been in the background screening industry for over thirteen years and in that time I’ve conducted tens of thousands of these background checks.

The fact is, one out of eight people have a criminal history. If you take into consideration all aspects of a background check such as past employment, education and professional licensing, you’ll find that the number of applications with (purposeful) misinformation increases to between 35 and 40 percent.

People call our offices all the time to see if we can run a background check on them before their potential employer does. They want to know if that misdemeanor disorderly conduct charge from college is going to show up on their record. They want to see what the manager they didn’t get along with is going to say about them when the new potential employer calls for a reference.

Below I’ve listed some important information that you should know about your background check and I try to clear up some common misconceptions. Keep in mind

Employed? Or Not Employed? That is the Question

ioIt might seem obvious that one of the primary criteria used to determine whether an individual is eligible for Unemployment Compensation is for that individual to have been actually employed by the perceived “employer” he was “working for” before his/her separation from said perceived employer. Although colloquial parlance equates “working for” someone/something with employment, Unemployment Compensation Law makes a distinction between those who “work for” someone/something under an employment relationship and those who have an independent contracting relationship. Consequently, when an individual applies for and is denied Unemployment Compensation, he may be shocked to learn that his denial is due to the fact that the person/entity he had been “working for,” for however long or short period of time, was never actually his “employer”. While some may say that this distinction appears to be mere hair splitting, its impact on whether an Unemployment Compensation claimant is granted or denied benefits is ultimately dispositive. That is, an individual who has an independent contractor relationship with an individual/entity is not eligible for Unemployment Compensation benefits if that relationship is terminated. It matters

Understanding the Role of Employment Solicitors in Employment Claims

yuiEmployment solicitors serve an important role in handling employment related issues either by helping to resolve employer-employee conflicts or by helping in the formulation of recruitment policies. Because employment law is a specialized area of the law that covers almost all aspects of the employee-employer relationship, it is important to seek employment advice from experts who can specifically address your needs either as an employee or as an employer.

Before seeking the advice of employment solicitors though, it is important to have at least a basic knowledge of employment law to be able to establish whether a violation of the law has occurred.

Employment solicitors help employees by advising them on how to position their case against their employer and telling them how to gather evidence to substantiate a breach in their rights thus increasing the likelihood of a swift and successful outcome of their claims.

Employment solicitors help employers in the same way by advising them on how to avoid scenarios that would allow employees to make claims against them. By providing a solid set of guidelines or a procedural guide specifically

Find Employment Working With Disabilities

0On July 20, 1990 President Bush signed into law the American with Disabilities Act (ADA) as a vital section of legislation. This new law requires changes in both business and public services. Some of these changes are material and cost money; others involve adopting new outlooks toward people with disabilities.

Three major issues contribute to a fabulous opportunity for people with disabilities to become eternally deep-rooted in the work force:

First, the likely possibility that the lessening labor pool of employment-ready personnel may create worker deficiencies during this decade. This will cause employers to efficiently recruit and retain qualified employees. Since Americans with disabilities correspond to the largest single chunk of potential employees, shrewd employers will court this underemployed community.

Second, a new surge of young Americans educated under the Handicapped Children Act of 1975 is graduating. This new generation will have improved educations and high potential for themselves after graduating from high school and college. Thus, they will be more malleable to competitive jobs than preceding generations of the disabled.

Third, many graduating students who do not have disabilities have gone to school

Employed in One Job Application

v7I often get asked by job seekers, is it possible to get employed in just one job application? Of course the answer is yes, but it is difficult to make that positive and hence employed result consistent.

However, it is possible to become employed in far fewer job applications than 200 made over four months, the current statistics for the average job seeker. There are far better and more effective job application techniques which can easily get you employed in less than 30 days.

Job Interview = Dating

As an experienced recruiter or employer knows, the predictability of job search is impossible when it comes down to predicting the outcome of a job interview. Like many recruiters and HR professionals, I see this stage more like a dating exercise than a predictable or controllable set of outcomes. Much as though I may think that candidate A may be better, the employer hiring manager may like the equally good candidate B better – it’s just human chemistry!

So while interview technique and briefing each party may well allow good recruiters to achieve a 65% or

Run Pre Employment Check on Yourself to Mark Success

s“Over 90% of companies run background checks on applicants”.

Unemployment is soaring. Many employers have already seized new hiring ventures and very few jobs are available. Despite a very modest improvement in recent months, the job market is still hovering around 9.5% unemployment, unthinkable four years ago. In most fields and industries, competition for the best jobs is almost overwhelming.

Is there anything a common job seeking person can do to stand out from the unemployed crowd? Actually, there is a way by which you can mark your primal success over your competitor candidate and how it’s going to be happen, when you run your own background employment check before applying a job.

The question arises in every job seeking mind that how running an employment check upon yourself might help in getting a prospective job career. So it is simply because, first it enables you to find out if any erroneous information is being reported about you. And second, it reassures potential employers that the qualifications you present in your job application are true and correct. A study conducted by a human

How a Solicitor Can Help You

ujIf you’re employing other people, there’s always a possibility that you may end up being involved in an employment dispute. In this article, we take a look at how a solicitor can help you to resolve employment disputes, should they arise.

The chances of being involved in an employment dispute can be minimised by ensuring that you follow the correct procedures when advertising vacancies, recruiting staff, drawing up terms and conditions of employment and making staff redundant. However, you may find that a member of staff is unhappy with an aspect of your employment and decides to take this further. Alternatively, you may be unsatisfied with an employee’s performance and decide to take action, in which case a dispute may arise.

Grievance and Disciplinary Proceedings

Most issues arising between an employer and employees should initially be dealt with through the employer’s internal grievance or disciplinary procedures. Therefore, it’s important that you provide details of these procedures in your company’s staff handbook and that all staff can access a copy of these easily. It’s also vital that your grievance and disciplinary procedures comply with

A Brief Guide to Employment Law for New Employers

4It can be an exciting time for a business owner when their business has grown large enough to employ people to continue with the required expansion. However, there are some key points that every new employer should be aware of so they do not fall foul of employment laws that regulate employers and their employees.

1. Employers should issue an employment contract within 12 weeks of an employee’s start date. Failure to do so could mean that an employer has immediately broken the law. The contract should outline the terms and conditions of employment and include things such as remuneration, working hours, holiday allowance and holiday pay.

2. Ensuring that a business employs the right people is important and during the employment process care should be taken not to discriminate in any way against potential employees, this includes discriminating on the basis of age, race and disability.

3. The National minimum wage should be a consideration as this varies according to age of employee.

4. Job descriptions are an important part of employing staff. If staff do not have clear and defined roles outlining

Employment Contracts and Your Business

yuIt is common practice for employers to enter into agreements with their employees to commence an employer and employee relationship. Agreements are commonly put into writing by the employer incorporating terms, which both the employer and employee mutually agree with at the outset as a standard form or negotiated terms between the parties. Surprisingly there are many employers who enter into verbal agreements with employees and do not finalise the terms of employment into written form, or an employment contract.

Over time a business’ operations and employee’s responsibilities may change, however these changes fail to be incorporated into verbal or written contracts. This often leaves employers and employees exposed to uncertainty and potentially legal exposure.

Written employment contracts allow for the terms of employment to be clear and unambiguous to ensure both parties are aware and understand their responsibilities, duties and obligations under the agreement from the commencement of employment until it is either amended or terminated. These contracts are known as common law employment contracts.

Common law employment contracts are not “industrial instruments” unlike Australian Workplace Agreements (AWAs), Awards and Notional

What The Heck Is Self-Employment

ftSelf-employment is being employed by ones self. It identifies an individual who manages a company of her own or hires someone to oversee the day to day operations of your online business. Self-employed jobs are for those who don’t receive paid salary from another person or their company. The various kinds of self-employed jobs are: Sole proprietorship, Partnership, Companies.

The reason as to the reasons people choose self-employed jobs is lack of sustainable jobs. Lack of employment may drive one to begin his / her own small business thus being self-employed. One more reason we choose self-employment is flexibility. People will go for self-employed work opportunities so as to become free. Self-employed people do not rely on others for his or her living.

Increased wealth is yet another aspect in self-employment. Self-employed work offer men and women a possibility to increase their prosperity. Being your own personal boss enables one to decide how much money one makes in a month as opposed to salaried people who earn a standard salary monthly. Others create a part-time self employed job to bolster their income.


We All Need Our Own Employment Plan

vfAll of our employment related institutions are geared to servicing the full time employment model – being employed by someone else and receiving regular pay for the work performed, on a regular basis for a minimum of thirty-five hours per week. Think about it. Consider how employment rates are measured and how the popular press treats these figures. Consider how government employment support mechanisms work. They are based on the number of weeks worked within a certain period, the more you work, the higher portion of available dollars you receive.

Even our social and personal lives revolve around income generated by full time employment. When you meet someone new, they ask what you do, and expect you to be either employed full time with one employer or self-employed. Being employed full time by one employer is, unofficially, a measure of who you are and your value to society.

Growth industries such as social services, health care (due to demographic aging of our population), retail and wholesale trade, hospitality and food services tend to favour contract or part time employment models. Manufacturing and

Effective Pre-Employment Background Screening

vcIn today’s competitive economic environment, firms cannot afford to be side-tracked by employee problems such as workplace violence, theft, false resumes, embezzlement, harassment or trumped-up injury claims. Employers have increasingly turned to pre-employment screening as a critical risk-management tool to try to avid hiring problem employees in the first place.

At the same time, companies are becoming more cost conscious as well. Despite the obvious benefits of pre-employment screening, management often expects security and human resources professionals to produce more results with fewer resources. The challenge facing security and human resources professionals is finding ways to implement an effective pre-employment screening program that is also cost-effective.

Such a program has four goals:

– First, the program must demonstrate that an employer utilizes due diligence in hiring. That means that an employer takes reasonable steps to determine a job applicant is fit for the job. This can protect an employer from claims of “negligent hiring.”

– Second, effective screening obtains factual information about a candidate, to supplement the impressions obtained from an interview alone. It is also a valuable tool for judging the accuracy

Guide to Employment Law


1. What legislation governs employment law in China?

Employment law in China is governed by a relatively comprehensive set of laws, more recently supplemented in late 2007 to strengthen workers’ rights.

Major laws include:

– Labour Law of the People’s Republic of China (1994) (“Labour Law”)

– Labour Contract Law of the People’s Republic of China (2007) (“Labour Contract Law”)

– Labour Arbitration and Dispute Resolution Law of the People’s Republic of China (2007) (“Labour Arbitration Law”) (effective May 1, 2008)

– Trade Union Law of the People’s Republic of China (1994)

These laws and then supplemented by a myriad of national and local laws, regulations, measures and circulars.

2. Are there different laws which govern foreign-invested employers and domestic Chinese employers?

The Regulations on Labour Management in Foreign Investment Enterprises (1994) governs employment by Sino-foreign equity and cooperative joint ventures, along with Sino-foreign joint stock companies. The Regulations very much mirror that of the Labour Law. Additionally, as any inconsistency with the Labour Law will be resolved according to the higher-level law, little reference is made to these Regulations.


1. What are the different

What Is Co-Employment and How Can It Benefit Your Business

bjEmployers encounter a wide range of business jargon and terms throughout their day. Some are less common than the next. “Co-employment” is one such term. What exactly is co-employment, and how can it benefit your business?

The term co-employment loosely refers to any relationship in which an employee is employed by more than one employer. While this may sound strange or uncommon, it in fact happens more than one might expect. This relationship typically falls into one of three categories:

  1. Joint-Employer
  2. Employer-of-Record
  3. Professional Employer Outsourcing (or Organization)

1) Joint-Employer

When an employee works for two employers simultaneously, and in the best of interest of both employers, these businesses are known as joint-employers.

An example of this type of relationship made the news recently when a manager for two small regional airlines sued one of his employers for FMLA violations. This employer only had 30 employees and therefor fell below the minimum FMLA threshold of 50 employees. The employer denied the claim on these grounds. However, the litigant simultaneously worked for another airline, which employed over 300 employees – well over the FMLA limit. The courts determined that

How to Get Finance With Unusual Employment

bjAn increasing number of people are choosing flexible working opportunities with their employers, as it enables them to successfully combine both their lifestyle arrangements and their family commitments.

However, many have found that when it comes to visiting their local bank branches while looking for a home loan, car and truck loan or even equipment finance, their local bank is still apprehensive towards them. And, it is because of their irregular working hours:

1. They don’t seem to fit into the strict lending guidelines set out by banks; and

2. They are not seen by banks as holding down a stable job with a regular income.

What the Common Unusual Employment Types?

Here are some of the common unusual employment types:

1. PAYG (pay-as- you- go) contractors

2. Casual workers

3. Part-time workers

4. Self-employed individuals

5. Sub-contractors

6. People with other forms of income

Type 1 – PAYG Contractors

PAYG contractors are normally employed via an agency or directly via their employer. This form of employment is now common in a variety of fields such as:

>> Medical;

>> Engineering;

>> IT (Information Technology);

>> Mining;

>> Project Management;

>> Construction; and

>> Government.

So, if you are a PAYG

Are You Really Self Employed

tyuBenefits of self employment
There are benefits to the employer. The ease of sacking and the financial benefits of no employer’s national insurance, no pension contributions, no sickness and holiday pay etc.

The main advantage to the worker is the reduction in national insurance and the ability to claim expenses such as, wages to family members, use of home, travel costs etc.

This is from the different wording of the act. Allowable expenses for the self employed need to be “wholly and exclusively for the purposes of earning the profits of the trade”.

For employees they must be “incurred wholly, exclusively and necessarily in the performance of the duties of the employment”.

There is also the cash flow advantage. The self-employed do not suffer deduction of tax at source. As with all planning it is necessary to commit all the figures to paper to completely understand the financial implications and result.

The statutory position
Neither employee nor employer is defined in the Taxes Acts.

Common law differentiates on the basis that an employee has a contract of employment whereas a self employed person works to a

Large Employers and Cost Effective Safe Hiring Practices

56American industries that hire large numbers of hourly, temporary or seasonal employees are caught in a Catch-22.

On one hand, they know that if they don’t take measures to conduct pre-employment screening and exercise due diligence in hiring, it is a statistical certainly they are sitting ducks for expensive litigation, workplace violence, false claims, theft, embezzlement and economic loss.

Just one bad hire can cost a firm literally millions. Studies show that screening reveals criminal records for up to 10% of job applicants, and at least one-third of all resumes contain materials falsehoods. For food establishments, manufactures, hotels and other business that have a national brand, one negative employee caused event can result in damaging national publicity and significant harm to the brand.

The catch, however, is that large hourly employers face enormous financial and logistical challenges in implementing safe hiring programs. Screening large numbers can be expensive and time consuming. Some industries hire at multiple locations, and can experience large turnover.

The problem is compounded when firms hire seasonal, temporary or contract workers as well. Such industries can include hospitality, manufacturing, service, retail,

Additional Relief For Your Social Security Disability Clients From an Employment Law Standpoint

kSocial Security disability attorneys or representatives are often not familiar with some of the civil rights laws and other remedies which may be available to their clients, beyond, or in lieu of, Social Security disability benefits, and which may result in additional or alternative sources of financial proceeds for their clients. Also, as Social Security disability claims have greatly increased due to the lagging economy, client advocates may encounter many persons who will not meet the stringent Social Security disability standards, but may be able to qualify for other relief. This article will explore some of these laws and remedies.

Due to the complexity of some of the remedies and the intricate interaction between them, which often require balancing and negotiation, it will be beneficial to client advocates to establish a relationship with one or more attorneys who practice in the areas of law noted below if they do not, in order to determine if other remedies may exist for their clients. As many of these additional remedies have stringent time deadlines, inquiries should be made as quickly as possible to

Five Things an Employer Needs to Know About Employment Law

uiIt is an unavoidable demand of running any business that an employer must have a good knowledge of employment law whether they are self employed and/or employ other staff. They should have an awareness of the rights of the employee, the employer themselves and where each party stands in the unfortunate event that the normal working relationship breaks down. This article addresses the five key areas that employers and HR departments need to consider when dealing with employment law in the UK.

1. How You Define Employees and Employers
It is important, before delving into the intricacies of employment law to have a clear idea of the parties that are involved and how their roles should be defined.

    • Employed vs Self Employed: This distinction can be less apparent than you may think. If a worker has agreed to provide a service/work under contract for an organisation then they will be a worker employed by that organisation unless the organisation is actually employing the services of that individual’s business, in which case the worker is self-employed and thus not a direct employee of