Essentially, employment law deals with the legal issues relating to the relationships between employers, employees, unions, and government. The three parties are collectively referred to as the “tripartite relationship”. Typically, it is important to understand how labour laws function to ensure that a fair and equitable relationship is created between them.
Discrimination
Employment discrimination is the act of treating someone unfairly due to their membership in a protected class, such as age, race, nationality, sexual orientation, or disability. In some cases, people are given lower salaries and promotions due to their membership in a protected class, or are passed over for a job opportunity.
Discrimination in employment law is a complicated area of law that has a number of legal perspectives. While it’s a topic that’s always been a controversial issue, it has developed significant changes over the years. This book examines the state of the law and discusses areas of legislation that need attention.
The author offers three different theoretical perspectives on the complexities of existing law. These frameworks are discussed in the context of leading Supreme Court decisions.
Wrongful Termination
If you were fired for discrimination or other reason, you may have a wrongful termination case. Depending on the circumstances, your case could be eligible for back pay, attorneys’ fees, and even reinstatement. But before you go to court, it’s important to know what to expect.
A wrongful termination lawsuit requires a lot of evidence. It also has a statute of limitations, which means you have only a limited amount of time to bring the claim to court. This is because wrongful termination is often difficult to prove.
The most common types of wrongful termination cases involve discrimination and retaliation. In this situation, the employee will have to prove that his or her employer discriminated against them based on their race, national origin, age, gender, or disability.
Mediation
Employment law mediation can be an effective method for settling disputes. It allows parties to move forward sooner, without having to go through the trial process, and often saves employers hundreds of thousands of dollars in attorney fees.
A mediator can help a party to get a handle on their issues, and offer several possible solutions. These may include changes to the employer’s policies, outplacement services, or additional pension accrual.
The process of mediation varies from case to case. It can take several hours, or a full day. During the process, the mediator will provide an explanation of how mediation works, and what each party can expect during the proceedings.
Arbitration
Arbitration is an alternative way to resolve disputes, usually outside of the courts. It is also a relatively cost-effective option.
Arbitrators are usually qualified professionals with knowledge of the legal system. They may be current or retired judges, lawyers or other professionals. Depending on the nature of the dispute, they may be a specialist in a particular area.
Many employers require their employees to undergo mandatory employment arbitration procedures. This type of law has increased in popularity in recent years. A study of the United States workforce shows that almost one in five workers is subject to this procedure.
Arbitration is not without its disadvantages. For one, it tends to favor the employer. In many cases, an arbitration decision can be unappealable.
National Labor Relations Board
The National Labor Relations Board (NLRB) is a federal agency that protects private sector employees and their rights. This includes protecting workers’ right to form unions and engage in concerted activities.
The Board has jurisdiction over almost all private sector employers, including most manufacturing companies. It is the main organization for conducting elections, and determining the proper bargaining unit.
The Board’s members are appointed by the president, with advice and consent of the Senate. There are five members, two of whom are appointed for one-year terms and the others for five-year terms.
An individual or an employer may file a complaint with the Board. A Board officer is authorized to investigate unfair labor practice charges, and to petition the United States district court in the district where the alleged unfair labor practice took place.