Labor Issue: Avoiding Whistleblower Claims

For an employee, whistle-blowing or exposing a company’s unlawful acts or violations seems like an honorable thing to do. After all, a whistleblower is only exercising his right to refuse to partake in any illegal activity, while laying his job on the line. However, whistle-blowing can also have negative effects, both on the whistleblower and the company as a whole.

Obviously the company will be heavily scrutinized because of the employee’s expose. It may lose loyal and potential clients, as well as business partners, which may lead to its downfall. The employee, meanwhile, may experience unfair or unpleasant treatment from his co-employees or even to the employer himself. Such reaction from others can be considered as retaliation, which is unlawful under the labor law Los Angeles, as well as in other states.

Retaliation claims may also arise because of this, which can result to bigger problems for the company. To avoid both retaliation and whistleblower claims, it is important for the company to eliminate the underlying improper conduct that gives rise to retaliation against whistleblower status. 

1. Create a catch-all ethics policy for the company: The policy should state that the company will comply with the legal duties it has. The policy should also have a complaint reporting procedure to encourage employees into reporting any misconduct and to provide information regarding disciplinary consequences for employees who would not comply.
2. Even if the reporting procedure is included on the ethics policy, there still has to have a stand-alone complaint reporting procedure that will include reporting outlets at various levels.
3. All employees should be trained regarding the content of the policy, as well as the applicable employment laws about whistle-blowing and other statutes or regulations applicable to the company. Emphasize the legal duties of the employer and the consequences of not fulfilling those duties.
4. Have a special training for the management team. Train the supervisors and managers occasionally regarding employment laws and the ethics policy. Train them to recognize whistleblower activities and how they should respond to those activities.
5. Know how to respond to whistleblower complaints. Learn how to recognize, investigate, document the investigation, and remediate the complaint. Don’t forget to communicate with the complainant, to plan how to move forward with the complaint, and to follow the policy and laws of whistle-blowing and retaliation complaints.
6. Even the smallest complaint regarding retaliation should not be ignored. It should be investigated as soon as possible. If the complaint is directed to the employer, it should be investigated by someone else.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.  

How to Find a Car Accident Lawyer in Los Angeles, California

Nowadays, searching for a car accident lawyer in Los Angeles, California is easy through available internet law firm directories.

However, using conventional ways in finding a good Personal Injury lawyer still has its time-tested benefits.

Here are some methods that you can apply in locating a reliable and effective lawyer in Los Angeles, California:

1. Ask your community organization for reference. Inquire officers in your community on good standing lawyers who have successfully litigated Personal Injury cases. Solicit feedback, write them down, and carefully weigh the pros and cons of hiring a prospective PI lawyer.

2. Seek referrals from family, friends, and relatives. Ask your inner circle on a trustworthy PI lawyer that can help you file the lawsuit. Solicit feedback. Verify the information by conducting background check. Screen candidates carefully and if possible, set a personal meeting with your prospective lawyer.

3. Browse through law firm directories in the internet. You can search the available database online and compare level of expertise of each candidate. You will have to narrow down your search to Los Angeles, indicating the specific type of accident. Compare results and rate candidates accordingly.

 You may have to consider the following qualities:

a.    Expertise in the field

b.    Professional conduct and reputation

c.    Communication skills

You may also need to consider proximity of the law firm office to your residence. Solicit feedback from former clients and conduct a background check to verify the information you have solicited.

4. Ask the Los Angeles city librarian. Request for an updated list of practicing Personal Injury lawyers in Los Angeles and browse through each candidate.

You may also browse through law journals and track lawyers who have written expert articles on Personal Injury topics. Search for the contact number and set a personal meeting.

5. Ask University law professors for referrals. Visit a reputable university and solicit information from respected law professors. Solicit feedback and comments.

You can also ask the academic law organizations for information on most published law practitioner in Personal Injury field.

6. Consider peers of a busy PI lawyer. If you have spotted an expert PI lawyer, yet he has already committed into a number of cases and activities; ask for referral within his peers. Conduct a background check and set a personal meeting to verify the information you have received.

You may need to consider how well your prospective lawyer can beat deadlines and produce evidence for the case. Remember, your choice of a Los Angeles personal injury lawyer will determine how successful your case will be.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

Reviewing Your Employment Contract

Contracts are essential documents needed when two or more people negotiate for a deal or make a binding agreement. It can be oral or written, implied or express, or legally enforceable or not. Whatever type of contract the parties involved have reached, the important thing is that every one of them will fulfill the provisions of the contract.

One of the common instances wherein a contract is required is during employment. An employment contract is made when a person (employee) agrees to work for another (employer). The employment contract is where the rights and obligations of both parties are enumerated, and is considered legally binding.

But before one can enter into an employment contract, the following information about employment contracts should be taken into account:

• Both employer and employee agree on the contract’s terms and conditions.
• The employee, when negotiating the terms and conditions with the employer, should set out those that he believes are important like wage, work place, work hours, duties, etc.
• Employment contracts can be amended if both parties agree.

For employees, before entering into a contract and start work, they should first review the contract’s terms, conditions, and other information. You may consult a Los Angeles employment contract lawyer if you want to make sure that the terms did not violate any laws. Check if the following information is correct or incorrect.

• Your name and contact details, as well as the position employed and date of employment.
• Review your responsibilities and clarify any vague details with the employer.
• Check if the salary and benefits indicated are exactly what were agreed upon during negotiation.

Here are some steps in reviewing the contract:

• Ask for a copy ahead of time so you can take your time reading through it. Understand every aspect of the contract and ask the Human Resources if you have any questions, especially if there are terms that are unclear to you.
• To have a concrete idea about the terms of employment contract, it may be helpful to think of a particular scenario that can possibly happen during the course of employment and ask your supervisor about it.
• Ask current employees if they had any particular issues with their contract.

It is important for you to understand the provisions in the contract before agreeing and signing it. The document is legally binding, therefore if you fail to fulfill one of its stipulations, you may face legal actions. However, this also goes for your employer.

Get the help of a skilled Los Angeles employment lawyer if any violations on the employment contract were made.

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.

How to Prevent Sexual Harassment in the Office

The Civil Rights Act Title VII provides protection for employees against acts of sexual harassment. Employers are mandated to provide a workplace that is safe and free from all types of gender discrimination.

Employees can file a sexual harassment complaint against co- workers/managers/employer to Equal Employment Opportunity Commission (EEOC).

Definition of sexual harassment

Sexual harassment is any unwelcome sexual advance that creates a hostile work environment, affecting the work performance of an employee. A sexually suggestive action or behavior that is offensive to the person is considered as sexual harassment.

Examples of sexual harassment in the workplace:

1. A manager repetitively requests for sexual favors in exchange for the employee's promotion/ raise/ security of employment.

2. A supervisor repetitively makes sexual innuendos, creating a hostile work environment

3. An employee repetitively makes demeaning comments on an employee's private parts

4. An employee touches or fondles a co-worker's private part against his/her will

5. Showing off nude pictures that offends a married employee

6. Assaults or sexist remarks on an employee

A sexual harassment complaint can be filed against a male or female co-worker, supervisor, or employer. Even male employees can file sexual harassment suit against female co-workers or managers.

However, most sexual harassment lawsuits are filed by women workers against their male superiors.

Sexual harassment can be prevented in the workplace. Proper training and implementation of discipline in the workplace can halt litigation. Here are some guidelines to consider in maintaining a sexual harassment-free workplace:

1. Implement a consistent anti-sexual harassment policy. Have the employees sign an update on the anti-sexual harassment policies of the company. Post the updated policy on the official bulletin board and make it accessible to all employees. State clearly the examples of sexual harassment actions and the penalties for such offense.

2. Conduct an annual or bi-annual training for employees. The training should include company policy on anti-sexual harassment, professional conduct in the workplace, and grievance process for complaints.

3. Train managers and supervisors on how to deal with sexual harassment complaints. Addressing a sexual harassment complaint promptly and effectively can prevent litigation. Managers and supervisors should also be well informed on sexual harassment law prohibition and its corresponding penalties. 

4. Install security cameras on office places. Monitor consistently work stations and inform employees that all office areas are screened. However, privacy rights can apply on places such as comfort rooms and dressing rooms.

Consult your Los Angeles employment lawyer to learn more on sexual harassment laws.
 

The Mesriani Law Group has a wide range of legal resources as we work with the best lawyers and litigators in each state across the United States. We offer a unique attorney directory where you can find a lawyer's location and area of practices. For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA 90025.