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Attorneys Labour Employment Law: The Need to Know

from: www.employmentexposed.com


Attorney's labour employment law covers several areas, including one that has seemingly caused several firings in the past – Whistleblowers Law. If you are in a position where you know your employer is breaking the law, you should contact specialists in, attorney's labor employment law.

For instance, if you happen to live in Michigan, attorney's labour employment law states their Whistleblower statute offers protection for employees who report or are about to report a suspected violation of the law. This also covers an individual who is asked to participate in an investigation or hearing of a public body. The employee could not be punished by the employer for participating in these situations.
Now one thing is critical here. Under attorney's labour employment law, the Michigan Whistleblowers statute of limitations is really short. You MUST file a lawsuit within ninety days of reporting a violation. This short filing period is the shortest of any of the other kinds of employment case law scenarios.
The violation reported (or about to be), under attorneys labor employment law, must be a violation of a statute, regulation or rule enacted by the state of Michigan or its political subdivisions (cities, counties) or the United States. In addition, the breach of law must be reported to a public organization or governmental agency. It cannot be reported to a private organization.
Now here comes the difficult part – the burden of proof. The person who reports must (in good faith) believe a violation has taken place. They must also be able to prove the employer knew he was the whistleblower and took action against him because the violation was reported – not for some other reason. This is a difficult thing to prove and as you can see, the parameters are rather vague. A sort of he says, she said type of thing.
Other states have legislation or court decisions in this area. There are also federal statutes that apply. The most well known Act is the Sarbanes-Oxley Act, 18 USC 1514A(a).
There are other states that permits you to file a suit if your firing violates public policy. This policy does tend to vary from state to state, so it would be best to check with aa attorney prior to proceeding. Several of these cases require a close examination of the prevailing case law before a decision is made to file a lawsuit.
One quick example would be an employee fired for filing a employees compensation claim. Again, proving this is the result of filing the claim is the key to this kind of case.
In short, because the laws vary so much from state to state, always make sure to consult an experienced lawyer.
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Christine Gray is a recognized authority on the subject of employment. Her website Employment Search provides a wealth of informative articles and resources on everything you will need to know about employment opportunities. All rights reserved. Articles may be reprinted as long as the content and links remains intact and unchanged.



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