Posts Tagged ‘basis’

Legal Assistance for Federal Employment Issues

October 15th, 2011

Working in the federal government is not as easy as it looks like. The process of getting hired requires the same procedures that corporations follow but for the case of getting promoted, it comes in two ways. You can get promoted by appointment or by use of the merit system. Appointments are done by the most powerful person in the country, the President while the merit system promotes the upward movement through performance basis. Loyalty can get you anywhere in the government but with the merit system; it keeps office politics to a minimum. Like its corporate counterpart, the different agencies of the government do experience some flaws in management that would require the interference of lawyers from MSPB. Their presence is aimed to provide unbiased judgment and legal assistance to employees who have experienced inequalities in their agencies.

Lawyers from MSPB are tasked to handle employment cases raised by federal employees that do not fall under the discrimination aspect. They also provide legal assistance to uniformed personnel who will need their assistance in filing for appeals. Cases MSPB handle include dispute on salary rate, promotion or demotion and unlawful dismissal. As the employee requiring help from an attorney who is knowledgeable on employment and in the process of federal appeals, the effort and interaction does not stop there. Investigation is done to gather information to serve as evidence to the case. That is why lawyers from MSPB are usually adept in asking the right questions to get the answers they need for their investigation.

There have been many cases of poor management decisions resulting to maltreated employees in the different agencies of the government that are kept hidden. The victims take solace in the legal support provided by the lawyers from MSPB. To be the attorney assigned to file the employment case to federal appeals is a challenge since not you will get the chance to meet people who do not want others to snoop around on such business. It is up to the lawyer to find means and ways to get the case heard with the facts and evidences to back it up. Ways would include researching on similar cases to quote and base on when the need for court hearings come to present the facts.

The road to getting justice served is a long and winding one and the lawyers from MSPB know that it takes wit and knowledge to get the cases heard. Not everyone is amendable to the fact of going up against the very people who have provided you the opportunity for employment. But when push comes to shove, it is time to act on what needs to be done. Employment cases take time to process depending on the gravity of the issue. Still, an attorney needs what an attorney is tasked to do and that is to file the employment case up to the federal appeals for resolution. From there, interrogation starts to nail down the information provided and to ensure that everybody is attended to.

Posted in Employment Law

How to Write an Employment Contract

September 2nd, 2011

As an employer you should ensure that you write up employment contracts for any long term employees that work for you. An employment contract should set out the basis of your relationship with your employee and their rights and responsibilities during their term of employment. You should write up a contract as soon as your new employee accepts your offer of employment. This will offer protection to both you and your employee should anything go wrong.

While an employment contract does not need to be in writing to be valid it is advisable to do so as it will be easier to prove that an agreement has been made rather than relying on what was said. As an employer, you must provide your employees with a contract within two months of them starting work. This should include the main terms and conditions of their employment. You may want to consider giving new employees a rundown of the terms and conditions of their contract before they start work to ensure that they are fully aware of what they include.

There are some basic terms which are included in all employment contracts whether expressed in writing or not. These are that trust and confidence will be maintained through cooperation, that you will act in good faith towards each other and that care will be taken to ensure the health and safety in the workplace. It is possible for implied terms to become part of an employment contract as they are supported by the behaviour of those working in the company and through company rules, particularly if an employee has been made aware of them at the start of their employment.

The written statement that you provide to your employees should cover basic things such as names and when the employment contract starts. It should also include a section about pay and working hours. You should go into as much detail as possible as this will help you to resolve problems easily when things go wrong, for example if an employee gets sick, you should have a sickness procedure in place regarding time off and pay.

You will only need to provide employment contracts for people who are directly employed by you for example any outside contractors that you bring in to carry out certain tasks.

If you break an employee’s employment contract they have the right to take legal action against you. Standard procedure would be for them to come to you first to discuss any issues that they might have. Many disputes will be able to be resolved in this way. If this fails, the employee can take you to court to seek damages for any losses that they received due to your breaking of their contract. If the employee’s term of employment has ended they can take the case to en employment tribunal, if they are still employed by you, it will have to go through the courts. The same process follows if one of your employees break their contract.

Posted in Employment Contract