Wednesday, December 31, 2014

The Employment Lawyer Opinion: What Job Seekers Should Keep in Mind for 2015

If you're currently seeking new employment, there are a few things you should be focusing on in the new year when seeking out potential job positions.

1) Don't apply for jobs that you do not have the qualifications for.  It's a waste of your time, and you could be focusing on applying for jobs that you are qualified for.

2) Make sure to network.  Whether it's attending functions at your child's school, or attending business networking events, it's a good idea to keep networking while on the job hunt.  Also, learn to possibly use social networking tools to help network (i.e. LinkedIn) if you aren't doing so already.

3) Make sure to update your resume and seek out others for advice.  Also practice interviewing and accept constructive criticism on things that you may need to improve upon.

4) Make sure to dedicate time to actually searching for jobs.  Seeking out employment is a full-time job, so treat it as such and make sure to prioritize it above fun activities, such as watching television.  While job searching, make sure to seek out resources that could help you.  Don't waste time using resources that aren't turning into job leads.  And make sure never to give up your search, even when you're discouraged.

5) Make sure that while seeking out a new job, that you do take time to enjoy your surroundings.  While searching for a job should take priority over certain activities, you still need to make sure to allocate time for family, friends, and some fun.  Also, make sure to keep busy even during your free time by volunteering or exercising.  Both are good stress relievers and will make you feel like you have achieved something.

6) Lastly, don't pigeon hole yourself into a specific career path while searching for a new job. This could be the time where you find a new career that you're qualified for that you never would have thought of.

This post was written by Ambuter LawAmbuter Law is an employment law firm focused on representing employees in employment disputes throughout the state of Florida.


Wednesday, December 10, 2014

New Employment Law Ruling could Affect You

On December 4, 2014, the Eleventh Circuit upheld summary judgment in favor of an employer against a pregnant employee who requested FMLA, who had been told "that [her] pregnancy was affecting [her] effectiveness" at work, and who had complained to the Ethics Hotline about the comments and actions taken against her.

The case is Torres-Skair v. Medco Health Solutions, Inc.  In this case, the employee claimed that she was discriminated against due to her pregnancy, and that she was retaliated against after making complaints about the discrimination.  However, the employer was able to overcome the employee's claims of discrimination based on pregnancy, as well as her retaliation claim. The Eleventh Circuit ruled that "deficient job performance remains a non-discriminatory basis on which employers may make employment decisions, so long as performance standards are applied in equally."

In this case, the employee was unable to show an unequal application, which negated her claim of discrimination. The employee's claims that she was unfairly placed on administrative leave and then terminated did not persuade the Court.  The employer was able to offer three valid and non-discriminatory reasons for its actions against the employee, which precluded the employee's claim of pretext.  The Court also supported its conclusion that that there was no pretext "by relying on the employer's good faith belief and not on the employee's perception."

The Court also rejected the employee's retaliation claim, stating that the employee's contention that there was a causal connection between her complaints and adverse action was nothing more than "mere speculation" and far too indirect to be actionable.

If you have a question regarding your employment rights, contact Ambuter Law for your free case evaluation.

Thursday, December 4, 2014

Employer's Hosting a Company Holiday Party? Do's and Don'ts You Should Follow...

     That's right.  It's back.  The office holiday party.  Here are a few things you need to remember when attending your company's holiday party.

Show up.  If you're invited to your company's holiday party, you should go.  It's an opportunity for you to meet people, and make a good impression on your boss and co-workers.

Dress code.  If there's a dress code, stick to it.  Your company's holiday party is not the time to be showing up in your tiny dress or wearing inappropriate clothing.

Stay sober.  Getting drunk at your company's holiday party is a big no-no.  It's best to set a guideline before attending the party and sticking to it.  Now is not the time to party like you did back in college.

Be engaged.  Don't act like you don't want to be at the party.  Talk to those around you.  Don't stand in the corner and text or play around on your phone.  Start conversations with friends and new people.

Say thanks.  Don't forget to say thanks when leaving the party.  Whether it's hosted by your company or a co-worker, a thank you goes a long way.