In an unstable economy, it is increasingly necessary to face the illegal dismissal of employees of private enterprises and civil servants. Due to the difficult economic situation in the United States, wages are delayed, severance pay and various compensations are delayed or not paid. Being in a depressed mood, many people are hesitant to confront the employer and are ready to accept that they will never receive the payments.
But you have to know that skilful application of labour laws can effectively protect labour rights, obtain payment of wages due and compensation for late payments. Unlike other categories of civil cases, the obligation to provide documents necessary for the consideration of an employment dispute rests with the employer, therefore, when filing an employment dispute lawsuit, the submission by the claimant of evidence (documents) confirming the illegality of the dismissal is optional.
Consultation on labour disputes
This consultation provides a basic understanding of how to prepare for an employment dispute and how to initiate legal proceedings for reinstatement, recovery of wages and other payments. Employees can apply to the dismissal court within a certain period of time from the day the order is served, and if the order is not served, the situation changes. It is therefore better to find the best employment lawyers NYC who have a good understanding of labour law.
If the court, having thoroughly examined the materials of the case, establishes that the period for filing a claim is missed due to a disrespectful reason, and his right to work is violated, he will deny the claim. So, it is important to immediately apply to a specialist who will not allow it. He will monitor the time limits and will do everything possible to ensure that such situations will not occur. The parties to the labour cases will be: employees who do not agree with the dismissal; their labour lawyers; legal representatives; employers, their representatives.
In labour cases on reinstatement, labour lawyers have worked out the specifics of the distribution of evidentiary duties. As a rule in these cases the main duty of providing evidence rests with the enterprise, institution or organisation that is a party to the labour dispute. This is due to the fact that most of the evidence is with the employer’s administration. In case of termination of the employment contract at the initiative of the administration, the initiative to enforce the law comes from the administration. However, it has certain evidence: reports, employee explanations, time sheets, etc., which it may submit to the courts. It is easier for an enterprise, organization or institution to prove the validity of the administration’s actions than for employees to prove that they are unjustified.
This does not mean that labour lawyers must not prove anything. If, for example, an employee disputes the lawfulness of his or her dismissal and refers to a fact, he or she must prove it. Unlike civil law, labour law does not have any special rules on the distribution of the burden of proof in the resolution of labour disputes.
Checking the validity of the arguments on the illegality of its reduction, the advocate in labour cases must pay attention to the fact that this transfer of the employee to another job or to the released position is carried out within the limits of the certain term. In some situations, you may need the help of an Sexual Harassment Attorney. You can find qualified lawyers who can help you solve any problem nowadays.
