Perhaps no area of law is more dynamic and challenging than employment law. Not just because is covers so many areas that affect us in our everyday life, but because it is on the forefront of virtually every change that society faces and eventually incorporates into our legal systems.
From Equal Employment Opportunity laws (EEO) to wrongful termination and grievance procedure, the laws that govern employers and how they interact with their employees is constantly changing and invoking many different concepts and statutes.
Some of your rights are as basic as those contained in the Constitution while others are only recently recognized; especially with respect to gender so much in the news these days. What will follow will be a series of videos wherein I will discuss various areas of employment law and outline what you should be aware of and consider if you believe that you have been treated unfairly.
As outside counsel to the Federal Law Enforcement Officers Association (FLEOA) I deal with many issues facing those charged with protecting us and our nation, but even they need help sometimes when dealing with the federal agency they work for. You too might need some help and the procedures you need to follow are not always clear. In fact, your case could be lost before you even get started if you don’t adhere to some specific requirements of your employer.
If you think you might need some help, call me, Fernando Alonso, at 201-478-6353.
EQUAL EMPLOYMENT OPPORTUNITIES LAW
Equal employment opportunities are guaranteed by civil rights laws and enforced by the federal agency known as the Equal Employment Opportunity Commission or EEOC. This commission investigates discrimination complaints based on race, national origin, religion, sex, age, disability, sexual orientation, gender identity as well as retaliation against someone for reporting and/or opposing discriminatory practices.
Although the EEOC invesitigates these claims, you should not count on them to prepare or assist you with presenting your case. They are overwhelmed with claims. More importantly, much like the signs you see in many court clerk’s offices which state that… “We cannot give legal advice or help you prepare your forms”… EEOC employees generally are not attorneys. Any such claim that you may have for discrimination of any sort should really be handled by an attorney from the very start.
I say from the very start because quite often if you make a mistake in the initial presentation of your claim, you might not be able to correct it; especially if you waited a while before bringing your case. It might be time barred, also known as beyond the statute of limitations, (the time within which you must have filed your case).
Virtually every type of case has a statute of limitations associated with it, some as short as 45 days, so it is imperative that as soon as you believe you are being discriminated against you should consult with an attorney and determine if you have a case in the first place.
If you believe that you have been discriminated against, please do not hesitate to contact me, Fernando Alonso, and we can see if you can do something about it–either stop it and/or get you compensated with a financial reward.
GRIEVANCE PROCEDURES FOR EMPLOYEES
Virtually every employer, other than very small family business, has some form of grievance procedure which governs when and how an employee can formally complain about how they are being treated.
As outside counsel to the Federal Law Enforcement Officers Association (FLEOA) I deal with a wide variety of claims.
Federal employees have various grievance procedures available to them depending on which government agency they work for and what it is they are complaining about. For instance, if your complaint is that you are being discriminated against, you would file a complaint with the EEOC, or Equal Employment Opportunity Commission. If your complaint is for unfair labor practices, you might consider filing with the NLRB, National Labor Relations Board or the MSPB, Merit Systems Protection Board.
The list goes on, but suffice it to say, if you have a legitimate and recognizable claim, there exists a grievance procedure available to you. I say legitimate and recognizable for a reason. Many people call me and say, “My boss is a jerk” or “My job stinks” or something similar— hoping that they can get some form of redress or compensation.
Now while those might be legitimate complaints, they are not recognizable at law, there is no law that prevents bosses from being jerks or against lousy jobs. (Also known as cognizable).
Only if the employer is violating your rights or some rule of law or regulation do you have a legitimate and recognizable claim. Sometimes though, that line might not be so clear. So if you believe that you are being treated unfairly and you’re not sure if you have a case, please do not hesitate to call me, Fernando Alonso.
Contact me for a Free Consultation
If you have been charged with a criminal offense and want to know what to do, please call to discuss your case and to find out how serious the matter is and what can be done to defend you.
Contact us to set up a convenient time for us to meet.
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