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Under the Wing of a Federal Law: 9 Steps to Proving Workplace Discrimination in Court

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Workplace discrimination

Workplace discrimination is something that has a repeated history of occurring within the United States. Where these cases to get quite complicated is that they have many requirements that need to be met in order for the case to ultimately be successful in court. Additionally, employers do have rights in these cases that have to be addressed before the ultimate outcome will be potentially successful for the employee. If you are an employee who feels that they have been unjustly discriminated at work, consider the following guidelines for proving workplace discrimination in court under the wing of Federal Law:

Learn the Difference Between a Federal and State Claim

Depending on your State’s local laws, you may opt to wait for the Federal Law to kick in with a full investigation from the EEOC. What the EEOC achieves is to potentially achieve more successful results for employees whose circumstances fall in a grey area of state discrimination laws. What is important to remember is that each State’s policy must fall within the Federal Law’s guidelines of what is legal and what is not. Understanding this nuance is pivotal to having the Federal Law be utilized for your upcoming case.

Be Aware of the Statute of Limitations to File a Case

It is important to be aware that there is a time limit for how much time can pass before your claim can no longer be filed. If you are attempting to file with the EEOC, federal employees have up to 45 days, other employees have up to 180 days, and state employees have 300 days. Remember, the sooner you file the better in order to have the best possible results.

Hire an Attorney

Regardless of your financial situation, it is imperative to hire an attorney for workplace discrimination claims, particularly if you are going to have to go to court. Hiring an attorney will help you to determine which protected class you fall into whether its age, gender, race, etc. for your upcoming case. Many attorneys will take these cases on a contingency fee basis, which means you will pay them a percentage of your settlement. In order to learn more about prospective attorneys, view Brady & Associates

Gather the Necessary Evidence of Your Discrimination

In these sorts of cases, it is imperative to gather as much evidence as possible and many times, the evidence will not be easy to find after the fact. The more that you gather before your employer knows you are filing a workplace discrimination case, the better. Some great examples of evidence to gather are your personnel file, your employee handbook of company policies, diary or journal entries, your pay records, physical records of discrimination or harassment, mental health records, medical records, and potential witness testimony. These items will potentially be essential to your case.

File a Lawsuit

Upon the successful completion of the EEOC’s investigation, you will be provided with a letter with the authorization to use. With this letter, your attorney will help you to file a lawsuit against your employer.

Make a “Prima Facie” Case for Discrimination

There are many types of potential discrimination claims that you can file for. It is wise to consult with your attorney about which one you will be potentially trying to prove. Some potential claims to explore are Discriminatory Intent/Treatment, Disparate Impact, and Retaliation. Depending on which one best aligns with the specific details of your case, your attorney will advise you which legal theory to proceed with for your case.

Prove Your Employer’s Argument Is Insufficient

In order to be successful, you are going to have to knock out your employer’s counter-argument against your claim. This is where the evidence you have gathered will be crucial to the successful outcome of your case. An example could be your employee handbook to show that a certain policy is discriminatory in nature. If you have the text in hand before your employer attempts to modify it during the case, you will be able to show their argument is insufficient. Your attorney will be able to guide you on potential ways to have success with using your relevant evidence to your advance in order to discredit your employer’s argument.

Gather Up Your Witnesses to Testify

Having a witness is crucial in many discriminatory cases. This is an ideal situation if you are an individual filing or have a class of Plaintiffs trying to bring a case. Be sure to have your witness make an official statement or even be willing to testify if required. Be sensitive to the witness’ needs if they are still employed at your employer where the events leading to the case occurred.

Submit Documents to the Court

Once you and your attorney have decided the direction the case will go and what evidence you will be using in order to prove your case, it is essential to submit your documents to the court on time. Courts do not take kindly to incomplete filings and filings that are not punctual. Be sure that your attorney does not miss a deadline and regularly follow up with them about the progress of your case.

Final Remarks

If you feel that you have been discriminated against in your place of employment, it is important to consult your legal options with several attorneys. Attorneys normally offer a complimentary consultation appointment before they decide to take your case. Use this to your advantage to see the prospective options for your case. While you are looking for attorneys, be discrete and gather as much potential relevant evidence possible to strengthen your case. Once you decide on the appropriate attorney, be sure to file your case with the EEOC promptly within the statute of limitations to avoid not having an option to file your case. If you follow these steps and collaborate with your attorney with prompt court filings, proving a “prima facie” case for discrimination, and demonstrate that your employer’s argument is insufficient, you will likely have a successful outcome to your discrimination claim under Federal Law.

Student @ Advanced Digital Sciences Center, Singapore. Travelled to 30+ countries, passion for basketball.

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Do’s and Don’t’s of Firing People

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As a business leader one of the hardest things that you could do is fire an employee. Of course, it sounds like an easy thing to do if the employee is rightfully deserving of being fired, but it is a lot easier said than done. Is a decision that many managers actually lose a lot of sleep over, because it’s such a difficult undertaking. 

No matter what you do though, whether you are firing somebody because they are just not the right fit for your business, or you are dismissing an employee for gross misconduct, legal issues can arise that could do damage to your business. HR professionals across the country will tell you that there are many different ways of gracefully terminating an employee’s contract, but there are some do’s and don’ts that you could do to make it an easier process that can help you deal with it. Let’s take a look at a few of those below.

  • Do get everything in order before you fire them. From evidence as to the reason they are fired, to the paperwork for them to leave the business, get everything in order so that there are no loose ends. For a firing to go smoothly this needs to be prepared in advance. Before you terminate the employee, you need to be able to prevent any misunderstandings or even accusations of illegal activity going on. Follow the policies and procedures in place of your organization and if necessary, consult a lawyer. Secure computer files, make sure you pull together all in performance appraisals and written warnings as any other correspondence that you might need. You should also make sure that you have all of the payroll information in place so that you can reassure the person being fired that they will be paid according to the law.
  • Do choose a private space. Let’s be honest, nobody wants to be fired from their job. It leaves a bad taste, it’s nothing to be proud of, and it can be embarrassing for the employee. When you are dismissing somebody, you need to choose the right time and place and make sure that there are no eavesdroppers. It’s always a good idea to do it as early in the week as possible at the end of the day so that you minimize impact to your business. If an employee depends on the company or their colleagues to get home, it just makes good sense to ensure that they are not going to be left stranded.
  • Don’t fire somebody with an audience around. As we mentioned before, anybody in your business has a right to privacy. Doing it in front of an audience will be poor behavior on your part as an employer. It also won’t help people in the office to feel comforted by the idea that they may not be next. Use an official meeting space, as it’s a private and neutral location that is free from any disruption.
  • Don’t forget to toe the line. If you terminate an employee on parental or medical leave, or you terminate an employee who is pregnant, you are going to open yourself up to a lawsuit. Toe the line when it comes to the law and make sure that you are firing somebody with all of your ducks in a row in advance.

Terminating an employee’s contract is not easy, but sometimes it needs to be done.

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Best Strategies to Create an Comfortable Atmosphere in Your Restaurant

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Creating an inviting and comfortable atmosphere in any restaurant is essential for success. Customers often form their first impression of the restaurant based on its ambiance, and if it isn’t pleasant or enjoyable, they are less likely to come back. It’s important to consider all aspects that can make up a positive dining experience — from the decor to the music playing in your establishment to the service you provide. Here are some strategies that will help you create an atmosphere that customers won’t forget.

Decor:

The key to creating a cozy environment is by designing decor that reflects your restaurant’s style and promotes relaxation. Think about what kind of mood you want customers to feel when they enter your restaurant — from the lighting to the art on the walls to the decorations that adorn your tables. Depending on the cuisine you serve and the atmosphere you want to create, consider investing in muted tones or warm colors for a calming effect or bright and vibrant shades for an energetic vibe.

Music:

The music playing in your restaurant can make all the difference. Too loud music can be overwhelming and uncomfortable, while music that’s too quiet won’t create an inviting atmosphere at all. Consider investing in a music player for restaurant so you can control what music is played and when it starts and stops. You should also consider whether you want to provide live or recorded music. Live music will usually give customers a sense of authenticity and provide them with something to enjoy during their meal, while pre-recorded songs can help set the background without being distracting.

Service:

Your service can be just as important as the ambiance in creating a memorable experience. Make sure your staff is well-trained, friendly, and attentive to guests’ needs. Ensure they understand your restaurant’s standards and expectations — from proper table setting etiquette to how glasses should be filled. Customers greatly appreciate being treated with respect and kindness, so make sure your waitstaff is not only efficient but also shows genuine care for their customer’s satisfaction.

Atmosphere:

Creating the perfect atmosphere requires more than just the decor, music, and service — it also includes small touches that will make your restaurant stand out. For instance, consider offering complimentary snacks or appetizers to customers while they wait for their meals to arrive. You can also provide warm towels after meals as a sign of endearment and appreciation. Additionally, choosing linens with exquisite patterns or using fresh flowers on each table will add even more charm to your restaurant’s atmosphere.

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Turn Your Passion into a Career: How to Make Money Doing What You Love

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Many dreams of turning their hobby, passion, or creative outlet into a career. It’s a beautiful idea, but it can take time to figure out where to start. Here’s a guide on successfully turning your hobby into a career. 

Do Your Research 

Before you turn your hobby into a business, please research and find out what the industry looks like, your potential customers and their needs. Next, consider your strengths, skills, and knowledge and decide how to use them in this new venture. Finally, consider what makes you unique in the industry and how you can market yourself. 

Take A Strong Career Test

A Strong Career Test can help you identify your ideal job and the type of environment you would flourish in. In addition, knowing this information can give you an idea of what kind of business to start and whether it’s something you’d be passionate about.

Think About Finances and Legalities 

Once you have an idea of what you want to do, consider the financial aspect – are there any costs associated with getting started? What sort of budget will you need? Will there be any tax implications? It’s also essential to think about the legal side of things – if necessary, consult with a lawyer specializing in business law so that you understand all the regulations associated with starting up and protecting your intellectual property rights. 

Create a Business Plan 

Now that you have researched and considered the legalities and finances involved, create a business plan that outlines all this information. Make sure it includes short-term and long-term objectives to keep track of your progress over time. Be realistic when setting targets for yourself – don’t aim too high at first because this could set you up for failure if it doesn’t pan out. Also, consider whether or not there is potential for growth or expansion once your business gets off the ground. This may include marketing strategies such as social media campaigns or investing in advertising materials such as brochures or flyers. 

Start Networking 

Networking is essential when launching any new business; it’s about building relationships with people who may be interested in your offer. Start by reaching out to family, friends, and acquaintances who may already know about your business or service offering; they may even be willing to share it with others! Additionally, join online groups related to your area of expertise – these are great places for exchanging ideas with like-minded people and potentially finding potential customers/collaborators/mentors/partners, etc. Finally, attend events such as trade shows or conferences where relevant topics are discussed – these are ideal opportunities for making connections within the industry that could prove beneficial down the line! 

Turning your hobby into a career is no small task, but it can be approached thoughtfully and strategically! Please research the industry thoroughly before beginning to understand its nuances; familiarize yourself with the legalities of running a business; create a viable yet ambitious business plan; network extensively (both online & offline). And never give up! With dedication & hard work, anything is possible.

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