Unemployed? Follow These Steps

Just because you're unemployed, whether you're a fresh graduate or a professional, doesn't mean you sit should sedentary.  Below is a list of things you should be doing if you're unemployed.

1) Raise The Red Flag.  The solution to any problem is acknowledging that there is a problem.  If you have interviews lined by but aren't getting the jobs, step back and look at what the main issue may be.

2) Create Your Story.  Most people don't tell prospective employers a personal story.  Tell a prospective employer who you are and what you can bring to the job you are interviewing for.  Tell the employer what makes you = you.  Find a way to bridge your accomplishments into a set of skills that you can tell a prospective employer.

3.  Understand The Job Market.  Make sure to apply to an array of jobs.  What should matter to you is the work you're doing, not just the title.  Also, if you're able to, look at jobs that are in different geographical areas.  Some markets are doing better than others, and the ability to relocate may be appealing to employers.

4.  Build A Routine.  Just because you're unemployed doesn't mean you should sit in bed all day or not have a normal routine.  Make sure to implement a routine rich with activities that will keep you productive and efficient.

5.  Do Things You Love.  If you are passionate about volunteering, campaigning, or fundraising, make sure to stay involved even though you may not be working.  When you do what you love, it doesn't seem like work.

6.  Network.  Identify contacts in your field and reach out for advice.  Don't ask for a job, but consult with them how to handle multiple situations.  While they may not be able to offer you a job, they may know someone who can.

7.  Polish Your Skills.  Just because you're unemployed doesn't mean you shouldn't always be honing your skills.  Make sure to do participate in activities where you are using your skill set and knowledge on a daily or weekly basis.

8.  Freelancing.  Freelancing is a great option for those who are unemployed.  It gives you the ability to take on a project you may be passionate about, while still making some income while looking for full time work.

9.  Don't Give Up.  Just because it may be tough market, doesn't mean you should throw in the towel and give up.  Keep applying for jobs that interest you and keep honing your skills.  Your hard efforts will pay off.

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

Abercrombie Loses Supreme Court Case

On June 1, 2015, the Supreme Court ruled that retailer Abercrombie & Fitch discriminated against a Muslim applicant because it refused to hire her due to the fact that she wore a head scarf.

"Title VII forbids adverse employment decisions made with a forbidden motive,” Justice Scalia said from the bench, “whether this motive derives from actual knowledge, a well-founded suspicion or merely a hunch.”

Further elaborating in his opinion, Justice Scalia wrote "An employer may not make an applicant’s religious practice, confirmed or otherwise, a factor in employment decisions." 

Originally the Court of Appeals for the 10th Circuit overturned the trial judge's ruling, stating that since the applicant did not state that she wore a head scarf for religious reasons, that Abercrombie & Fitch had not violated Title VII.  However, as you can see, Justice Scalia did not agree with that.

To read the full case, click here. 

If you are the victim of discrimination in the workplace, contact Ambuter Law for your free case evaluation.

Think Before You Click "Forward"

I have clients tell me all the time that they have forwarded emails from their work emails to their private emails in order to build a case against their employer.  And while they may think they are being smart, that's not necessarily the case.

A lot of times company emails contain confidential and/or proprietary information, and companies highly frown upon employees forwarding company information to their private email.  Some employees may not even know that what they are sending is deemed proprietary or confidential.  However, the company does.  And they can tend to get angry.

So what can you do to prevent your employer from destroying or altering emails or electronic information that may help your case against them?  Most likely you'll want to hire an attorney and have the company put on notice not to destroy or alter electronic, audio, video, etc. evidence.  You may also want to keep your own log of events that take place in the workplace.  However, I would recommend doing this off company time and out of the workplace.

So before you click the "forward" button on your email - think.  The last thing you want is your company coming after you for breaking their policies regarding sharing confidential and/or proprietary information.

Should you have any questions regarding your rights in the workplace, contact Ambuter Law for your free case evaluation.

Employment Law and "Ban the Box"

The "Ban the Box" Campaign was started in 2004 by All of Us or None, a national civil rights group of formerly incarcerated people and their families.  The purpose of "Ban the Box" is to give formerly incarcerated individuals a fair chance in the hiring process.  "Ban the Box" allows employers to consider a job applicant's qualifications first, before viewing a candidate's criminal record.  The all too familiar conviction question is removed from the job application, and the candidate is not subjected to a criminal check until later in the hiring process.

Currently, there are a total of 16 states, as well as numerous cities and counties, that have adopted the "Ban the Box" policy.  Also, since 2012, the EEOC has endorsed the removal of the conviction question job applications as a best policy practice, making clear that federal civil rights laws regulate employment decisions based on arrests and convictions.

To read more about this campaign, click here.

If you have a question regarding your rights in the workplace, please contact Ambuter Law for your free case evaluation.

Unions, Immigrants, and Employment Law

The NLRB has signed an agreement with three countries - Mexico, Ecuador, and the Philippines - to teach immigrants how to unionize in the workplace.  This all started back in July 2013, when the NLRB and the Ministry of Foreign Affairs signed a national letter of Agreement in Washington D.C.  The letter references the National Labor Relations Act.  The NLRB says the Act "guarantees workers the right to join together, with or without a union, to improve their wages and working conditions, or to refrain from such activities.”

Also, according to a NLRB press release, the "NLRB and the Mexican Embassy in Washington, D.C., as well as NLRB Regional Offices and Mexican Consulates nationwide, will cooperate to provide outreach, education, and training, and to develop best practices…"

About a month after the letter was signed with Mexico, additional agreements were signed with Ecuador and the Philippines.  The agreements state that the Number 1 goal is "to educate those who may not be aware of the Act, including those employees just entering the work force, by providing information designed to clearly inform [that nation’s] workers in the United States of America their rights under the Act and to develop ways of communicating such information (e.g., via print and electronic media, electronic assistance tools, mobile device applications, and links to the NLRB’s web site from the [country’s] web sites) to the … workers residing in the United States of America and their employers.”

Moreover, the NLRB has gone further by saying that the law's protections for unions protects illegal immigrants who may be members of unions.  What this means is that employers can be sanctioned for terminating illegal immigrants who may have engaged in union activism if the NLRB determines that the employee's activism was the real reason behind the termination.  This has caused more and more illegal immigrants to join unions, which in turn has caused some employers to be up in arms since it makes it much harder to terminate illegal immigrants.

What are your thoughts on this?  Ambuter Law wants to know.

If you have questions about your legal rights in the workplace, contact Ambuter Law for your free case evaluation.

Employment Law and Bullying in the Workplace

Workplace bullying is on the rise.  It isn't something new; it's just becoming more prevalent.  According to a recent study, 35 percent of workers said they felt bullied from work.  Last year, only 27 percent had felt this way.

     So who is doing the bullying?  According to the study, most who felt bullied pointed to incidents with their bosses (48 percent) or co-workers (45 percent).  Thirty-one percent felt bullied by customers, and 26 percent by someone higher up in the company other than their boss.  Also, fifty-four percent of those bullied said the bully was someone older than them, while twenty-nine percent said the person was younger.

     So what type of bullying are we seeing?  We're seeing employees falsely accused of mistakes, being ignored, having different standards or policies used towards them than other workers, being constantly criticized, being yelled at by their boss in front of co-workers, having belittling comments made about them about their work at meetings, being gossiped about, having their bosses assign their tasks to other workers, being excluded from projects or meetings, and being picked on for personal attributes.

     According to the study, many of those bullied confronted their bully or spoke with human resources about the incidents.  Unfortunately, for some of those bullied, the situation got worse or human resources did nothing.  But remember, unless you report the incident, there may be no chance that the bullying will ever stop, so reporting the incidents and and the bully is the best solution.

If you are the subject of discrimination or harassment in the workplace, contact Ambuter Law for a free confidential consultation.

Employment Law: Employee vs. Indepedent Contractor

What's the difference between an employee and an independent contractor?

Employee
Under common-law rules, anyone who performs a service for an employer is considered an employee if the employer can control what will be done and how it will be done.  This is true even if the employer gives the employee freedom of action.  What is important is that the employer has the right to control the details of how the services are performed.

Independent Contractor
Individuals such as doctors, dentists, lawyers, veterinarians, accountants, contractors, etc. who offer their services to the general public are generally considered independent contractors.  However, whether these individuals are always considered independent contractors depends on the facts of each case.  The general rule is that an individual is considered an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done.

An individual is not an independent contractor if he/she performs services that can be controlled by an employer.  This applies even if the individual is given freedom of action. 

Why does this matter?
If an individual is considered an employee, then the employer must withhold federal income tax, pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee.  An employer does not generally have to withhold or pay any taxes on payments to independent contractors.

Consequences for Treating an Employee as an Independent Contractor
If an employer classifies an employee as an independent contractor and has no reasonable basis for doing so, the employer may be held liable for employment taxes for that worker.  Also, if an employee is misclassified as an independent contractor, the employee can file Social Security and Medicare tax forms to gain relief.

If you are victim of employment related problems, contact Ambuter Law for your free case evaluation.