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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.

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

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Gutemberg Dos Santos and Robert Kiyosaki share their vision of leadership

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Gutemberg Dos Santos is a Brazilian-American entrepreneur and one of the main promoters of the use of Blockchain technology and crypto economy.

Gutemberg Dos Santos and Robert Kiyosaki

Gutemberg Dos Santos a couple of years ago sponsored an event in which the Guinness Record broke with the largest number of people playing Cash Flow, a game developed by Robert Kiyosaki. Today, Dos Santos shares some reflections that emerged on that occasion about what a good leader is. 

A good leader is an excellent guide to reach common goals. If I want my team to work successfully I must share my skills and offer the best tools for their performance. I am also committed to strengthening the capabilities of each of the members and never assume that we all work the same as diversity enriches and complements the unit. 

Sharing experiences. If I share my experiences with the rest of my team regarding the success and failures I have had in some projects, I will empathize with my team and together we will be able to reach the goals proposed for the company.

Listening. This part is essential for a business to prosper, if I do not listen to my people I will be walking towards darkness. I must always remain alert to the doubts and questions that my team may have, in this way I will know if we are all on the same frequency and we are walking towards the same course.

Motivating my team. I take my time to know my team, how old they are, what is their educational and socioeconomic level; what goals they pursue in the short and long term. This will help me find keywords that guide me to be empathetic with them and be able to have better communication. 

Being proactive. When facing a difficult situation, I try to get the best out of it, without falling into frustration and rather detect alternative solutions. Trusting and being flexible. I am attentive to the capacities and strengths within my work team, this way I trust people in order to delegate tasks, likewise I am open to listen to proposals and suggestions that lead us to strengthen our project. 

For more information, please visit : www.gutembergds.com 


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When navigating the Spanish legal system choose the right partner for your business

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xpanding your business internationally is challenging for any company and yet the rewards of entering a new market, like Spanish one, can bring unlimited rewards if you do it right.

Although with great risk comes great reward, one of the ways to mitigate those risks is to team up with a top international law firm like Avalaw. It can not only navigate local laws and regulations for both individuals and businesses, but can also provide services in relation to employment or tax.

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Invest with confidence in Spanish businesses and property 

Spain is showing signs of growth economically speaking, and although slow to recover in the face of the 2008 recession, it is now booming in a way other European countries are not. And with the euro performing well against the US dollar and other currencies it makes sense that eyes are turning to Spain for opportunities.

Of course this is also true not just for business purchase or investment, but also for property investment. In cities like Barcelona for example, the property boom continues with great profit to be made where property attracted premium rates and premium rents. 

However investment can be tricky, especially if you are facing a language barrier. How can you trust that due diligence is complete and fair, and that common pitfalls have been investigated or mitigated against.

This is when having the right business partner to do this for you becomes so important.

Experts in immigration law can save you money and effort

Of course it is not only investment opportunities which will require expert assistance.

If you decide to follow your business opportunity in Spain, or wish to employ an international specialist workforce that requires them to relocate to Spain, then you simply cannot do this without a specialist by your side

Even relocation within the European Union can be tricky with multiple bureaucratic steps needed. After the first 3 months to formally register your presence in Spain, you are allowed to carry out legal activities

For those coming from outside of the European Union the immigration laws can seem complicated, onerous and at times, arbitrary. 

From applying for your identity certificate and identity number (NIE or TIE depending on where you are from), getting registered at the local council offices and setting up social security for taxation or getting your health care card making sure you have the right paper and the right visa depending on your visiting purpose, it can be hard to understand and lead to a lot of frustration that could be avoided. 

Not following the rules can cause serious problems. Not undertaking tax obligations properly can cause problems and sometimes very high fines. And get the immigration laws wrong and you might find yourself having to leave the country very quickly and not by your own choice. With so much riding on these things it is worth every penny to hire an expert.

Even if you are concerned about immigration and visa there are different types of permission to remain in Spain. From the certificate awarded to Europeans who can show financial independence, to the blue card offered to non-European skilled workers there is usually a best fitting option. There are even visas for those just wishing to purchase property or not intending to work.

Living, working and investing in Spain does not have to be daunting

You shouldn’t let the spectre of bureaucracy scare you away from some wonderful opportunities for a new life and a chance to make your business global.

It is easy to find many horror stories about Spanish bureaucracy, even to make a simple appointment can seem impossible sometimes, but the rewards are worth it. Choosing the right legal partner to help you on this journey is a great first step on this road. It is one of the most fundamental relationships you need for a successful and happy time in Spain. Do not leave it to chance and start planning today.

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5 Mistakes to Avoid While Buying Study Tables Online

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Study tables are a necessity in almost every household, office space, public places, etc., where one might just like to relax and read or avidly work on a given project or assignment. Let’s face it, completing tasks within a given deadline is a lot more distracting without a study table present. Sitting for hours on the bed with your laptop on your thighs or reading books casually might lead to back injuries and eyesight complications in the future. Hence it is best to have a proper study table to complete all your tasks and have a comfortable experience. These days, almost all customers have shifted to purchasing study tables online instead of going to stores because it saves a lot of time and money. However, while purchasing furniture online, there are a few mistakes which all buyers must avoid in order to invest correctly and have a commendable consumer experience:-

  1. Ignoring the brand name and price value:– It is really easy to go for furniture which is cheap and the description on the products is very promising. However, do not be fooled by such elevated claims these unknown brands make, because in their mission to sell duplicates of popular brands, they will create a divine image about their product and will rob you off your money. To be on the safe side, it is important to visit sites which are popular and there is good feedback about the purchases made. Try purchasing from brands which have both online stores and shops in the city. Better be safe than sorry.
  2. Impulsive purchasing:- Decisions made on an impulse almost never favour a person’s luck. While purchasing study tables, it is important to consider all possible loopholes that might be associated with it. Take your time to think and make a choice which will complement the area surrounding the study table and also will be durable. Don’t make an investment blunder.
  3. Ignoring the compatibility:– If you want to buy coffee table online or a study table, the surroundings it is going to be placed in must be carefully estimated. For instance, taking proper measurements of the area in which the table will be placed as well as the measurement of the door through which the product will be brought in must be accurate. It is suggested that you find a delivery service which places the table in its right place to avoid future complications.
  4. Not settling the place prior to the arrival of the table:– It is imperative that the necessary documents, books, copies, electronic devices, decor, etc., must be assembled in order prior to the arrival of the study table. That way, a lot of time will be saved and the table will be ready to use sooner. Keep a tab on the return policy from the brand you are ordering your study table from.
  5. Not surfing varieties:- Another major mistake buyers commit is not viewing varieties prior to purchasing a study table. It is more feasible if you surf through the different styles and varieties that these study tables are available in before impulsively investing in one. There are several styles that might suit your preferences like a bed study table, height adjusting table, a study table that can be folded and a light and shade one.

So if you are planning on purchasing a study table or a coffee table online, make sure to avoid these common mistakes to make a sound investment on your purchase and have a pleasant consumer experience.

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