We spend most of our day at work and most of our adult life at work. When you enjoy your work and have great colleagues and managers, this makes going to work either a joy or at least not a chore. Unfortunately, sometimes your work life can be unhappy and it eventually affects your home and social life too.
But what can you do?
Most often, if you are having a problem with a colleague you can sort it out between yourselves or speak to a Manager who can help resolve the issue, however, sometimes your issues can need some external advice.
Getting advice from an experienced employment lawyer is often the first step. Most decent employment lawyers will be happy to offer a free chat to find out more about your issue. They will then explain your options, advise if they can help you and the related costs.
ELP Arbuthnott McClanachan in Edinburgh has a team of specialist employment law solicitors who are always happy to offer initial advice. They can help with all types of employment law issues including:
- Changes in contract
- Redundancy
- Unfair dismissal
- Discrimination matters eg age discrimination, racial discrimination
- Settlement Agreements
- Employment Tribunals
- Grievances
If for example, your employer has presented you with a Settlement Agreement, please get in touch before signing anything. We can ensure that the settlement agreement is fair and not just benefiting the employer.
Every employment law case is unique in its own facts, and you will get the best advice from one of our specialist employment law solicitors who will look into the detail of your case with you. Please remember that in our experience issues in the workplace often have the best chance of being resolved if they are dealt with at an early stage. For this reason, and also because Employment Tribunal proceedings have to be dealt with within strict time limits, we always recommend that potential clients speak to us at the earliest possible stage.
At Fergusson Law, our solicitors believe every adult should consider granting a Power of Attorney.
This legal document allows you to appoint someone you trust to look after your finances or personal welfare if you become unable to do so yourself.
You can also create a combined Power of Attorney that covers both finances and health.It is important to appoint someone you trust while you are still healthy and able to do.We can offer our Power of Attorney services for a fixed fee.
Even the most honest employers occasionally require the services of a lawyer to help navigate tough employment law issues.
These issues can crop up at any time, so companies should be prepared to face them with the legal assistance of an Employment Law Attorney.Employee ClassificationsEmployers who incorrectly classify their employees may face legal action or hefty fines.
For example, classifying staff members as individual independent contractors instead of employees could cause an employer to be sued by employees who feel that they are not correctly classified.Representation in CourtEmployment lawsuits are complicated and can take weeks or longer to resolve, especially if the involved parties are not cooperative.
An employment law attorney can save time by attending required court hearing sessions so the client can continue to run his or her business.Reviewing of Agreements and ContractsContent in agreements and contracts can be utilized as the basis for filing a court case.
Tremiti LLC can review the contract to make sure that all the necessary legal terms are correctly applied and are enforceable in court.
In addition, the lawyer can give you insights on when to use the contracts to safeguard your company from legal problems.A lawyer can check the employee handbook and company policies in-depth to ensure that none of the statements or policies violates state or federal law or create unintended obligations.
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Garden leave clause is an extremely useful tool for employers to mitigate the impact of employees (usually a senior employee) exiting an establishment, by providing (a) transition period, to phase out the incumbent employee, and (b) bedding period for his or her replacement.
It is common to find a garden leave clause in employment contracts of key employees of establishments who (a) have significant knowledge of day-to-today affairs of the establishments, or (b) are engaged in a highly technical industry (such as pharma, banking and financial services, biotechnology, etc.
), or (c) possess significant trade secrets and confidential information.
In practice, such a clause entails the employee in question being excluded from the workplace or being limited to a peripheral role, instilling a sort of Chinese firewall so as to minimize or eliminate their exposure to critical matters that impact the day-to-day affairs of the establishment.The garden leave clause is normally included in employment contracts and kicks in once the employee in question has begun serving his or her notice period.
It remains effective for the entirety of the notice period and in some instances may even extend beyond the contractual notice period.While garden leave provisions have been widely accepted and are common around the world, there have been instances where Indian Courts have found such a clause to (a) fall foul of Section 27 of the Indian Contract Act, 1872 (“the Act”), and (b) be in disguise as a restraint of trade.Tatva Legal, Hyderabad, amongst other services, provides comprehensive employment law related legal services and our team of experienced lawyers advise on all aspects of labour law, catering to the needs of both the private sector and public company employees.Read More: https://tlegal.com/blog-details/enforceability-of-garden-leave-clause-in-an-employment-contract
