Unfair Dismissal and Employment Contracts

August 15th, 2011

The appearance of a P45 on the desk can be a particularly distressing sight, especially when the dismissal is an unfair one. There are many different types of employment contracts which govern people while they are in the employment of a particular company. Such contracts are often very complicated and can have many parts to be read, interpreted and understood. Even so, it is possible that an unfair dismissal can take place and when this happens, having the power and understanding of professional solicitors behind you that can go to battle on your behalf is important and essential to ensure that an unfair dismissal is dealt with properly.

The emotional and financial hardships that result from itl can make the entire matter seem difficult to handle. What is more important is companies ensure that their legal solicitors represent them in such matters and it is imperative to have the same calibre of representation at hand to cover your own interests. Professional lawyers and solicitors understand the legal system and rights of the individual when it comes to an unfair dismissal even when there is an employment contract in place. This means they can interpret the law to your benefit and set to work to achieve your aims while helping you to achieve the best possible legal and financial outcome in the case of an unfair dismissal. Companies may find it cheaper to settle with an aggrieved employee than pay solicitors to defend their position. The cards are not all in favour of the employer.

What these circumstances have in common is that it is not the fault of the individual dismissed and it is the legal right of the individual to pursue legal justice such as compensation for lost wages, hardship and other distresses directly caused by the loss of employment. Every adult requires a steady means of employment to survive. Unfair dismissal can result in many complications from inability to pay debts to loss of a lifestyle one is accustomed to.

In some cases, an unfair dismissal can be the result of discrimination, unfair disciplinary action, employment contract violations, redundancy or other actions that have been unfairly taken against an employee by the employer. Whatever the case may be, rather than worry about unemployment, You can contact a lawyer who can provide you with an initial consultation on the rights you have to seek compensation for the unfair dismissal. Whether it is a return to work or payment for damages caused by the employer, a solicitor can help to get the ball rolling towards the rights you are entitled to.

Posted in Employment Contract

Unemployment Eligibility Requirements

August 11th, 2011

Unemployment insurance is the name they use for collecting unemployment benefits that you pay into from your state. Some people are confused over how it actually works. It is a type of insurance fund. You and your Employer contribute to the fund through tax withholding on your paycheck. If you should become laid off from your job you can file a claim and begin collecting unemployment benefits. Keep in mind that not everyone is eligible to collect benefits.

Every employee must make contributions to unemployment insurance if you want to be eligible to file a claim. You are required to make such contributions to the premium for six months before becoming eligible. Once you have worked according to your state requirements and have put the proper amount into the fund, you would be qualified to file a claim upon loss of your job.

You must be aware that not all terminations are eligible for benefits. You must have lost your job involuntarily, for reasons such as not enough work, downsizing, seasonal, etc. In the case that you may be fired and not laid off, you will have a review to decide why you were fired and to be sure that it was not due to misconduct. They will contact your employer and ask the reason for dismissal, it is illegal for the employer to give false reasons for termination. You will not be eligible for benefits if you quit your job.

There are requirements to continuing to receive unemployment benefits. When you file, which in most states is available online or through the telephone, your state will tell you of how much you are eligible to collect, your weekly benefit payment amount, and dates to call in for your payments to be issued.

In some states you are required to attend an employment counseling class in which, an unemployment representative will inform you of exact rules you must follow to receive your benefits. It may include:

  • Seeking employment if you are able to work and not disabled.
  • You will have to pay taxes at the end of the tax year on the benefits you received.
  • You must report any income you earn while collecting benefits.
  • You are also required to tell them immediately upon returning to work.

If you fail to comply with the regulations of unemployment insurance it is considered fraud. You would be required to payback every penny you received. If the amount you received was large enough, you will face criminal charges and can be imprisoned. Types of fraud are:

  • Working off the books and not reporting income.
  • Collecting benefits in another name.
  • Failure to immediately report returning to work.
  • Making any type of income while collecting benefits.

Not everyone will qualify for unemployment benefits, if you have not maintained employment for at least the six months, or you are an independent contractor, you will not be eligible. You may opt for private unemployment insurance to fill any gaps of income. You would give to this the same as public unemployment insurance. You must check with each insurer to verify requirements. Premiums are tax deductible for business owners.

Posted in Employment Law