Monthly Archives: February 2017

Employment Law Is Not Workers

Since employment law and workers’ compensation law both relate to people and their workplace it is common, however incorrect, for the two to be used interchangeably in conversation. Here are the key distinctions between these important areas of the law.

Employment Law is:

  • ADA Violations – The Americans with Disability Act, ADA, prohibits discrimination in the work place based on disability. Employers anywhere in the country, including Washington State, with 15 or more employees must provide individuals with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others.
  • Discrimination – Employers cannot treat employees differently due to race, color, religion, sex, age, disabilities, genetic information or national origin.
  • Employment Contract Disputes – These kinds of disputes involve issues arising from formal employment contracts. These issues typically include non-compete clauses, wages, bonuses, benefits, duration of employment, ownership of intellectual property, and confidentiality.
  • FMLA Violations – Employers with over 15 employees must follow the FMLA which entitles individuals to 12 weeks of unpaid leave if the employee is unable to perform his or her job due to a serious medical condition; needs to care for a sick family member (including spouse, child, or parent); or to care for a new family member (by birth or adoption). Following the leave, the employee should be returned to the same or equivalent position.
  • Harassment – This includes any behavior intended to disturb or upset an employee at the work place. This can also include threatening disturbing behavior and unwanted sexual advances.
  • OSHA – Occupational Safety and Health Administration violations are federal safety violations when an employer knowingly neglects to protect federal employees, military base employees, longshore and offshore employees. (A recent example is the death of the SeaWorld Trainer by the Orca whale. OSHA fined SeaWorld approximately $75,000 in safety violations.)
  • WISHA – Washington Industries Safety and Health Act protects all workers in the State of Washington. Violations of the act are handled through L&I (Labor & Industries).
  • Retaliation – This occurs when an employer seeks revenge upon an employee for something the employee feels is legally right. In order to fall under retaliation the following must be present: (1) employee was involved in a protected activity (2) the employee performed the job according to the employer’s expectations (3) the employee suffered a materially adverse employment action (4) the employee was treated less favorably than similarly situated employees.
  • Wage and Hour Disputes – These disputes include unpaid time, illegal distribution of tips and failure to pay during breaks. Issues involving misclassification of employees and independent contractors also falls within this employment category.
  • Wrongful Termination – Being fired from your job illegally!

You can sue your employer for any of the above violations! Awards can include lost wages and monetary awards for pain and suffering. These cases are argued before the Washington State Human Rights Commission, the Federal Equal Employment Opportunity Commission (EEOC), and the United States Department of Labor.

Employment Law attorneys handle employment law cases.

Workers’ Compensation Law is:

  • On the job injuries or occupational diseases.

Workers injured or made sick by their work are eligible for Workers’ Compensation. Benefits include medical care, time loss compensation, permanent partial disability, vocational rehab, pensions, and other payments. The Washington State Department of Labor and Industries (L&I) manages state fund cases and presides over self insured cases. Workers’ Compensation is a no fault system of social insurance which in theory provides sure and certain relief but takes away your ability to sue your employer for all injuries except intentional injuries.

Workers’ Compensation law is what we do. If you need Washington Workers’ Compensation advice click here, if you need a Washington workers’ compensation attorney, call and we’ll do our best to answer your questions and help you.

Can They Overlap?

Yes! Sometimes the issues in employment law cases overlap with the issues in workers’ compensation cases. For example, an individual in Seattle, WA could suffer an injury on the job while at the same time experiencing discrimination due to his or her advanced age. This would result in both a workers’ compensation claim and an age discrimination suit. This individual would therefore have two different cases and two different sets of remedies.

Employment Law Solicitor?

Whether you’re an employer or an employee, there may come a time where legal support or advice will be required. If you’re unclear on how an employment law  can help, this article may help. Here, we look at the different employment situations you might one day face, and how professional legal support could benefit you.


Perhaps the most useful support an employment law solicitor can provide is day to day assistance, whereby a retained contract is involved. It allows your business to benefit from ongoing support and advice on a range of issues, minor and major, as and when they arise. This could be everything from how to implement a disciplinary or grievance procedure to managing sickness absences.

Another way businesses can benefit from an employment law solicitor is when TUPE (Transfer of Undertakings (Protection of Employment) regulations) come into play. This is where a change in business or service contract ownership results in staff being transferred to the new employers on the same terms and conditions. An employment law solicitor can help you to better understand the obligations and responsibilities involved.

If you intend to restructure or reorganise your business and 20 or more redundancies are likely to be paid within a 90 day period, you will be obliged to carry out formal consultations with employee representatives or a recognised trade union. Even if the number of redundancies does not reach 20, consultation is now considered good practice. Failure to do so could lead to an employment tribunal, so it’s important to let an employment law solicitor help you.


For employees that feel they have been discriminated against based on your race, age, gender, belief, pregnancy, maternity, sexual orientation, religion or disability, an employment law solicitor can help you to bring a claim in the employment tribunal against your employer. That discrimination could be in the form of being less favourable terms than a colleague, being overlooked for promotion or you miss out on opportunities that others have been given.

For women that believe they are being discriminated against in the form of being paid lower rates than their male colleagues, you may wish to use an employment law solicitor to help you determine your entitlement to make a claim based on the Equal Pay Act.

Employees that are dismissed, either unfairly or constructively, will also have a right to claim. There are six reasons for dismissal that have been specified as fair, while the employer must act reasonable in all circumstances. If this was not the case with your dismissal, a solicitor will be able to help you understand how to progress with a claim.

A Quick Description of Employment

Employment law (EL) is a system that was set up to protect employees by instituting laws that require standards for employers to follow in the treatment of their employees. This can include providing benefits to the workers such as health insurance to the employee and their families. Employment law protects workers from being discriminated against because of race, religion, disability, gender, sexual orientation, or being a veteran. Employment law is a necessary system that the government can oversea to protect human rights in the workplace.

EL covers many topics between the employee and employer relationship. It is also called Labour Law. In most countries the employment law refers to rights and obligations that are stated in a contract between employee and employer. There is usually a common law or legislation implied in the contract. Many of the state laws in the United States do allow for employment that is called “at will” that states termination of employees can be for any reason except reasons that are illegal.

EL sets standards that employers must meet in providing a health and safe workplace for their employees. There are laws to keep employers from taking advantage of employees by overworking them, with no overtime pay.

Fair wages and prohibiting children from exploitation in the work place was a major first step in setting up employment law. Limiting weekly work hours and regulating workplace safety and cleanliness was an important change that was made.

The EL covers two types of laws of protection. The first is collective labor laws, which is usually seen between the employers and the unions made up of employees. This area of the employment law covers such actions as union strikes, picketing and workplace involvement of the unions. The second type of employment law is individual labor law such as minimum wage, hours of work, safety in workplace, and dismissal of employees.

All That You Need To Know About Employment

Employment law is not just a single law, something that most people believe it to be. In actuality, it is a complete system that was set up to help protect employees from employers by creating laws and standards of treatment that have to respected and followed by employers. This includes providing different types of benefits, such as health care insurance to not only the employees, but also their families. This system also prevents employers from discriminating towards any employee, in terms of religion, race, gender, disability and sexual orientation.

Employment law has become a very important part of the judiciary system because it helps to protect the most basic of human rights in the place of employment. There are plenty of other essential topics that this law covers. It is also and more commonly referred to as the Labor Law and it refers to the obligations and rights of the employee and employer, which are usually voiced through a contract between the two parties. However, this law should not be considered to be solely in the advantage of the employees, because in reality, some experts actually claim that the current Labor Law gives too much power and authority to the employers. For example, the current law gives the employers the full authority to fire any employee for whatever reason, as long as it is not breaking the law.

However, there is a lot of positive things about the law, such as the standards that employers have to meet, for example making sure the workplace is completely healthy and safe. In addition, employers cannot take advantage of their employees in any way, or the employee has full authority to complain to authorities, such as forcing them to work overtime, without compensating them accordingly. The law actually covers two different types of protection laws. The first one is the collective labor laws, which are agreed upon between the workers union and the employers. This covers union strikes and picketing in the workplace environment. The other type of law is the individual labor laws that are either requirements by the state or federal government, such as working hours, minimum wage and safety.

The 21st century doesn’t allow employers to treat their employees any way they please, something that was very common only a couple of decades ago, and still is very common in third world countries. It was never in anyone’s mind that law and order would take such a strong stance on employment, especially since what history has taught us.