Freelancing has certainly become one of the present trends of income-generating medium for professional. In fact, for online freelancing, freelance programming job is one example that most of them are participating.

Because of the huge demand in online services, most especially in programming, to become a freelance programmer nowadays is a great advantage most especially to those who graduated in information technology- based course.

For the reason that more and more companies are finding various ways to promote their services or products in a much better way, there exist a huge opportunity for freelancer to achieve success in this arena. Because there is a great need for freelance programming job, most especially as freelance web programmer, you can be certain that this demand will continue to increase as days go by.

If you want to become a freelance programmer or if you are already a freelance programmer and enthusiastic to allocate your extra time and skills, experience, and expertise to a more productive activity, then freelance programming job is the best avenue for it. Freelance web programmer is one of the best way to make more money online.

If you intent to become a freelance programmer, here are some useful things that you must not forget:

1. To become a freelance programmer, there is a need for you to set and finalize certain goals. That is very essential when you are to engage in freelancing job because when you are able to set your goal, you are able to make a strong foundation and this will lead you to the right track towards success. That is, before you decide to accept freelance programming job, be sure that you have got what it takes to be; polishing your programming skills is essential.

2. Since freelance programming job is commonly done online, it is expected that you are to present your portfolio online also. Therefore, there is a need for you to develop a good portfolio (all that are necessary to showcase must be well-designed, more presentable) because looking for job online is a little bit different from personal application. Remember that it is more difficult to build trust most especially to your potential client that you have not met in person.

3. Once you have got a client or if you are already a freelance web programmer, for example, try to build and maintain your good working relationship with your client. Online working can be a factor for you to make it difficult to develop trust and confidence. However, you have to strive harder to make things work out. You must not be hindered by this constraint and just try to be professional enough to be trusted.

4. You must also be able to promote your self when you intent to become a freelance web programmer. Promotion is really essential so that potential clients can see you in the huge network of Internet. You can have this done by building your own website, blog commenting, by signing -up to online marketplace, by developing a self-promotion piece, by social networking, etc.

5. To become a freelance programmer will also mean that you understand the protocol of business environment and that of being professional enough to your schedule and contract signed must always be given importance.

Try to visit some websites that cater freelance programming job. Surely, you will be able to find some that suit best to your ability.



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COMPLAINING TO EMPLOYMENT TRIBUNALS and ET PROCEDURES>

(Based on author’s site www.geocities.com/ethrngs)

Employment Tribunals rule on employees’ claims from employers ~below are what claims lie to Employment Tribunals, how -what are involved at Employment Tribunals.

What Employment Tribunals cases involve, before, during, after, are similar whether one is claiming unfair dismissal under the Employment Relations Act, or wrongful dismissal -breach of Contract under Employment Tribunals Act…

So also, whether racial or colour prejudice or sex discrimination in Equal Opportunities laws, or under Employment Rights Act constructive dismissal, asserting a right, whistle blowing, or sexual harassment or race victimization.

The information below, relate to individuals, free remedies, rather than Union collective agreements in labour relations, about workers’ in law most often sought by individuals at Employment Tribunals in employment disputes on employment rights.

Industrial relations being about work rights employee complaints in industrial disputes are over workplace rights.

Under employment law employee rights include use of Employment Tribunals in employment disputes to judicially test workers rights in employment relations legislation -whether employment rights were denied.

Most common workplace disputes at Employment Tribunals are employment termination complaints -unfair dismissal under statute law or wrongful dismissal in common law as breach of contract within Employment Tribunals jurisdiction.

Employment Tribunals may only deal with wrongful dismissal complaints after the employment termination has taken place (but it does not matter if one was on one’s probationary period, because the contract of employment comes into existence the moment the employer offers the job and the employee accepts it) ~Employment Tribunals awards are normally pay in lieu or notice in writing expressly agreed or what is ‘reasonable’ (usually a minimum of a week’s pay if one is paid weekly, or a month’s salary if one is monthly paid) -industrial tribunals also award financially measurable damages in other respects normally if expressly agreed in writing and for financially measurable loss which can be shown to Employment Tribunals to have been in the reasonable contemplation of the parties when contracting [as distinct from 'reasonably foreseeable'] but about half of what County Courts may is what may award Employment Tribunals.

Unfair dismissal claims may be begun only at Employment Tribunals ~the maximum award can be higher for unfair dismissal than for wrongful dismissal -but in employment law one may not complain of this unless one has been employed by the employer for at least a year or it is one of the exemptions e.g. arising from protected acts.

Exceptions in unlawful employment termination as unfair dismissal, in employment legislation, normally, are: if the complaint is that it was because of racial discrimination, or disability or religious belief or sex discrimination or sexual harassment, or in any of those respects because one with good reason or bad but in good faith did something and it was victimization; or that it was employer retaliation to a protected act, if one sought rightly or wrongly but in good faith to assert a statutory right of the kind that one could ask Employment Tribunals determine the details of -e.g. pay statement or unlawful deductions, or, if one mistakenly or not but in good faith and in the public interest informed on the employer a person or body proscribed by law for that purpose in respect of some unlawful practice ~in these cases it does not matter if one has been with the employer for a very short time, one is still entitled to employment protection by complaining to Employment Tribunals -but in these proof is the complainants’ (usually Employment Tribunals hold a preliminary hearing to see if the complaint qualifies as an exemption for a full merits hearing -if a full hearing succeeds Employment Tribunals may not award notice pay if that employment was shorter than a month).

Constitution of Employment Tribunals is that Employment Tribunals, normally, each has three members ~a Chairman who is legally qualified and two lay members one acceptable to Unions and the other to Industry -they vary with each case and two might do if one is absent -even if it is its chairperson who has a casting vote (most are full time chairmen ~county or crown court judges may also chair -employed part time).

(Employment Tribunals are courts of record; it is unlawful to subject them or their members or their decisions to criticism, except in legal proceedings to appellate courts local or higher, in any way that is civilly or criminally forbidden under contempt of court laws ~Council on Tribunals may not observe e.g. ‘private’ Employment Tribunals hearings -Employment Tribunals Service as a public body may be alleged e.g. mal-administration against to Ombudsman (UK, or directly EU).)

>> There is a time limit in Employment Tribunals Rules of Procedure for lodging complaints with Employment Tribunals ~regardless of which of the types above normally it must be received by the Employment Tribunals not later than three months (within 90 days) from the date of employment termination or from when the employee came to know of the employment relations matter complained of ~normally the actual day on which e.g. one was dismissed is not counted for lodging a complaint with Employment Tribunals -the first day is the day that follows it and the last ‘day’ ends at midnight .

>> Employment law has two additional requirements:-

Before complaining, especially if unfair dismissal or wrongful dismissal -unlawful termination of employment, to Employment Tribunals one must first write to the employer by way of an internal appeal if the complaint is about unlawful termination of employment, or as a claim or enquiry if the complaint is about only e.g. unlawful deduction from pay ~one must allow the employer 28 days to respond -but the time limit to complain to Employment Tribunals (three months) is still as above -not from after then.

Also one must agree to ACAS (Advisory Conciliation and Arbitration Service) first trying to see, especially if wrongful dismissal or unfair dismissal, if there can be a conciliation, if a mutually satisfactory settlement can be reached on employment rights dispute, without a hearing by Employment Tribunals ~Employment Tribunals copy the complaint to ACAS who then contacts one ~complainants are not bound by any settlements with employers, even if signed -unless through ACAS or lawyers can still sue at the Employment Tribunals.

>> Employment legislation involves also some considerations:-

If the complaint to Employment Tribunal is one of wrongful dismissal -the unlawful termination of employment was by way of breach of contact (e.g. without notice or pay in lieu), then also the employer is entitled to argue that about one ~and to the extent that Employment Tribunals find that the employee was also in breach of contract any monies awarded for wrongful dismissal may be reduced -if it is genuinely a fundamental breach (i.e., goes to the heart, the root, of the employment relationship making it impossible).

In a complaint to Employment Tribunals of unfair dismissal -that unlawful termination (as distinct from wrongful dismissal) was in employment longer than one year and not for a reason fair (i.e. such gross incompetence or gross misconduct or taking into account the employers resources ’some other substantial reason’ justifying dismissal claimed to be unfair dismissal) or that regardless of the length of employment unlawful termination, unfair dismissal, resulted from a ‘protected act’ of the employee or under any of the exemptions (as listed above), reinstatement or reengagement is not necessarily ordered if asked for ~if the Employment Tribunals think that trust and confidence considered necessary between the employee and the employer has been irreparably damaged then compensation is awarded -compensation for unfair dismissal may include, especially in e.g. sexual or racial discrimination cases, exceptionally, injury to feelings award of unlimited amount.

In any kind of complaint to Employment Tribunals -not only if there has been unlawful termination of employment by way of wrongful dismissal or unfair dismissal but any kind of workplace dispute relating to the employment relations, while normally there are no costs involved, if the complaint is ‘unreasonable’ (so totally groundless and ‘misconceived’ with no reasonable prospect of success -or vexatious or frivolous or scandalous [in the conduct of the proceeding in the circumstances, Block -v- Chapman, 2002, EAT, and, Bennett -v- Southwark Borough Council 2003, CA, if relevant in the context] ~especially if one was warned by Employment Tribunals -subject to Employment Tribunals’ duty to hear one), costs may be awarded against one of the other -including fees and expenses of lawyers instructed for that Employment Tribunal.

Also, in any type of complaint to Employment Tribunals, especially if wrongful dismissal (i.e. breach of employment contracts), one is expected to mitigate one’s financially measurable losses ~to the extent that Employment Tribunals think that one has not any compensation may be reduced (also when unlawful termination is not wrongful dismissal but unfair dismissal).

Where Employment Tribunals order re-instatement or re-engagement following unfair dismissal, such orders are not enforceable; if the employer refuses to comply compensation is substituted ~any monies ordered by Employment Tribunals to be paid, be it for unfair dismissal or wrongful dismissal (or unlawful deductions or holiday or notice pay or damages or injury to feelings or compensation -any monies) can not be enforced by Employment Tribunals -one must apply to a Country Court for payment enforcement (minus from damages or compensation for unfair dismissal or wrongful dismissal, where applicable, any unemployment pay received).

Employment Tribunals, in unfair dismissal, may not order re-instatement to positions filled ~and employers can not be ordered by Employment Tribunals to give references -but if in retaliation to complaint to Employment Tribunals in exempt cases it is victimization, if is defamatory and one can sue without legal aid it is in Tort slander -if injures, or libel.

Complaint forms are sent by Employment Tribunals upon request in good time and may be lodged by hand with Employment Tribunals or by post -allowing 2 days for receipt by Employment Tribunals, or fax, or internet -contacting Employment Tribunals if in 5 days unacknowledged.

The branch of Employment Tribunals to complain to is the one on Employment Tribunals’ list officially local to the employer.

A copy should be kept of the complaint and posting certificate or fax log -for Employment Tribunals in case of non-receipt.

It is better to first make a copy of Employment Tribunals complaint form before filling it in to use to e.g. re-phrase ~most fill it in hand-written -or write in the Particulars (what happened) part ‘as attached’ enclosing it word-processed.

Employment Tribunals may ask any dates one is not available.

Communications by a party to Employment Tribunals, and by Employment Tribunals to a party, are, as Employment Tribunals policy, copied to the other -by post.

After one lodges with Employment Tribunals a complaint (Originating Application), one may want to add another complaint or to amend it, or may need not readily available witnesses or documents in support of his case -it is better to wait for some three weeks to first receive from the Employment Tribunals a copy of the employer’s formal reply (Response); then one may write to the party one wants as witness or for any documents one wants to see (Inspection) or copied one at cost (Disclosure) or to be brought to the hearing (Production) and if refused may apply to the Employment Tribunals to Order them ~precedent suggest that amendments may be allowed if clear from particulars that what was meant is as applied to amend (Kay -v- Swiss Life & Health Insurance 2002 EAT) -a new complaint may be allowed to be added (Ashworth Hospital Authority -v- Liebling 1996 EAT) if it arises from same issue involved in complaint already made.

One may be asked Employment Tribunals (Directions) to list any financially measurable loss claimed -as compensation if unfair dismissal, or as damages if breach of contract -wrongful dismissal ~within normally 2 weeks to inform Employment Tribunals with direct copy employer.

The complainant (Applicant) and the employer (Respondent) are likely to receive Directions from the Employment Tribunals to normally not later than 14 days before the hearing exchange lists of Documents they intend to rely on, and not less than normally 7 days before the hearing to exchange any Witness Statements (their own and anyone else’s oral evidence -in written form, to be read out at the hearing); and that both should agree their documents and not have each a different but an Agreed Bundle of Documents (chronologically numbered & Indexed) in 5 identical sets: one each for own use, three for Employment Tribunals ~these are brought to the hearing -but may be sent to Employment Tribunals in advance with Outline Submissions (main points of one’s argument) if copied also to the other party.

It is important in one’s witness statement to try to address any issues which the employer is likely to argue before the Employment Tribunals and advantageous in the body of one’s witness statement itself to refer to one’s documents.

When the Notice of Hearing (date when complaint is to be heard by Employment Tribunals) is received, one is given time (usually 14 days) and may ask for the date or time set aside for the hearing to be changed ~Employment Tribunals’ ‘overriding objective’ takes into account what is involved (monies involved may affect this) and one may communicate opinion to Employment Tribunals that the case may take longer in Employment Tribunals estimation due to any complexities -then too may one ask with reason for hearing-date fixed (Listed) to be changed by Employment Tribunals.

One may receive postal offers from law firms who check Listed Employment Tribunals cases to represent one on a ‘no win, no fee’ basis; one does not have to engage any ~the purpose of Employment Tribunals is to enable un-represented laymen to put their cases without disadvantage -Employment Tribunals must conduct hearings with regard to ‘equity’.

At Employment Tribunals hearings rules and procedures and the order of evidence may be varied as Employment Tribunals see fit. If the complaint falls under one of the exemptions the employee normally goes first, otherwise the employer does. Evidence is normally read out from witness statement and members of Employment Tribunals may ask questions, the other party may cross-examine and one may re-examine one’s witness ~Employment Tribunals must consider complaints by having regard to the reason or the main reason stated by the employer. Often parties are asked to wait outside as Employment Tribunals deliberate -the decision (Judgment) is not reserved but read out tape-recorded at the end of the hearing by the Employment Tribunal’s Chairman.

>> Written Reasons one may have if within 14 days an application is received by Employment Tribunals ~this is important -appeals are not accepted without written reasons.

Review of the decision within 14 days of the hearing may also be asked for ~it can be on the ground that one did not receive a Notice of Hearing, or was absent from the hearing (if had not specifically made written submissions), or it is wrong because of an error of the Employment Tribunals’ staff, or there is new relevant evidence of which the existence could not reasonably have been foreseen, or ‘interests of justice require it’ (e.g. if the decision appears inconsistent with the evidence [although caution advises in allowing this Lindsey -v- Ironside Ray & Vials, 1994, IRLR 318], or if the Statute appears to have been ‘read-into’ [Haddon -v- Van Der Bergh, 1999, EAT], or if one was not asked about something that is stated as a reason) ~full details must be stated in writing for the Employment Tribunals to consider a Review -any review decisions should be kept.

Notes of Evidence, the only official record of Employment Tribunals’ proceedings (not transcribed verbatim and tape-recorders not being allowed), while in appeals parts of considered relevant may be applied for “It may happen on occasion that one or more of the members did not hear any particular sentence or sentences” and if its accuracy is challenged and conflicted (Dexine Rubber -v- Alker 1977 and Keskar -v- Governors of All Saints [etc.] School 1991, EAT) must be accepted of what the evidence and submissions were the Employment Tribunal’s Chairman’s recollection.

One has 42 days to lodge a Notice of Appeal from Employment Tribunals to the Employment Appeal Tribunal ~regardless of whether one has applied for a review -one may appeal if ‘no reasonable employment tribunal could have decided so’ or if ‘the law was wrongly interpreted or applied’ and particularizes it enclosing the Employment Tribunal’s (if reviewed, also upon review) written reasons.

Laws change, these are brief guidelines.

The author has a website at: http://www.geocities.com/eoa_uk



debt consolidation saving

Never have there been so many tools for Cambria employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Cambria and throughout California where private employers and government offices have laid off people in the hundreds and thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In areas such as the Cambria area where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Cambria employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Cambria Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Cambria employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Cambria or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Cambria by your employer, we invite you to call our office.



Health and Food Directory

Never have there been so many tools for Southern California employment lawyers to help people recently fired to win damages for discrimination, to seek a better severance package, including not only a longer period of pay benefits, but also other items, most important of which can be a longer period of health insurance benefits following the termination, or even to save the employee’s job.

If you’ve been fired from your job as a result of discrimination or retaliation, been harassed or the victim of a hostile work environment, or paid less than a person of the opposite sex for the same work for no other valid reason, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.

In Southern California where private employers and government offices have laid off people by thousands, sometimes on a weekly basis there is substantial fear among those who have recently been terminated and those who are in fear that they could be next to be let go. In the areas of Southern California where unemployment and foreclosures are at their highest in the state, many employees who have been discriminated against or fired in retaliation for complaints of harassment and who previously feared making any complaint, now feel they have nothing to lose.

Some employees are filing class action lawsuits based on everything from age and sex discrimination to discrimination against veterans. Individual claims are being made for overtime pay that the employees never received and retaliation for whistle blowing or reporting harassment.

One of the best tools for Southern California employment lawyers is often the employee’s company manual and other memos of the company which often lay out glowing descriptions of how fair the company will be in their employment practices. Such manuals often describe all of the types of actions which the company claims they will not tolerate including the various forms of harassment and how the company will never take a retaliatory action against anyone blowing the whistle on harassment at the company.

Such manuals provide a powerful tool to the employee and the employment lawyer to show the company exactly how they violated not only the law, but also the company’s own employment guidelines. Faced with such violations of the principles the company itself laid down and promised to their employees, it is difficult for such companies to argue that they didn’t realize how they were supposed to respond to an employee’s reports of harassment or that they didn’t know they couldn’t fire someone for making such reports.

Employees must keep in mind that under California law, complaints alleging discrimination or retaliation must be filed with the Division of Labor Standards Enforcement in California within six months of the alleged discriminatory or retaliatory action by an employer, except in certain circumstances.

Some of the laws enforced by the Labor Commissioner in the State of California which prohibit discrimination and retaliation include discrimination or retaliation for threatening to file a complaint with the Labor Commissioner, for taking time off to serve as a juror, be a witness in court or to attend judicial proceedings related to being a victim of a crime or related to a victim, for discharging victims of domestic violence, for taking time off to seek medical or psychological treatment related to domestic violence or a sexual assault, for taking time off to go to a child’s school at the request of a teacher, for disclosing his or her wages, for engaging in political activity, for being a whistle blower (not the real whistles), for being paid less than employees of a different sex for the same work unless based on a bona fide factor other than sex, or for complaining about safety or health conditions.

For Southern California Employment Lawyers such as myself who are also Women’s Rights Lawyers, when President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 in late January, he remedied a great injustice and provided employment and women’s rights attorneys with yet another tool in our arsenal to fight for employee’s and women’s rights.

Now women in Southern California and the rest of the nation have a law that gives them the ability to redress the wrong suffered upon them by society in allowing men to receive more money for the same work from an employer and limiting the rights of women to bring a claim for pay discrimination.

In the past, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued. And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn’t learn of the unfairness and take action within 180 days of first being paid the lesser rate.

Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.

An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.

Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.

Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.

California also has it’s own version of the Federal WARN Act which in certain circumstances requires 60 days warning before laying off workers. Under the 2003 California version of the Act, the requirement of 60 days warning applies to establishments with 75 or more employees who have been employed for at least 6 of the previous 12 months, who layoff or relocated 50 or more employees within a 30-day period. There are also various exceptions to the rule.

For the elderly employee laid off, an important ruling by the U.S. Supreme Court has given added protection to older workers. Elderly persons who file employment discrimination lawsuits no longer need to prove that an employer acted intentionally. It is enough that the employee can prove that the layoffs had a disparate effect on the elderly workers.

Layoffs of caregivers providing care to sick family members may also violate federal law.

And all of these tools are still in addition to the tools Southern California employment lawyers have against employers who practice discrimination based on sex, religion, race, age, or sexual orientation, or who subject their workers to a workplace that constitutes a hostile environment.

Visit our website at http://www.CaliforniaAttorneysLawyers.com and call us if you have been discriminated against or are the victim of retaliation by an employer in Southern California or if you have been receiving less pay than a person of the opposite sex for the same work by your employer for no other valid reason.

It is thus imperative that an employee being laid off who is provided with a separation agreement and release of all claims against his employer consult with an employment attorney to determine if there weren’t violations of any of these laws and others that can assist the employee and his or her attorney to negotiate a larger severance package.

If you have recently been fired, are in fear of losing your job or if you have been presented with a separation agreement or severance package and have been discriminated against, harassed or are the victim of retaliation in Southern California by your employer, we invite you to call our office.

ng>DEPARTMENT OF EMPLOYMENT GENERATION AND TRAINING, PUNJAB

It is to understand nomenclature has changes not the ACT of 1959.

Employment Department, Punjab has changed its name from Department of Employment Punjab to Department of Employment Generation and Training, Punjab.

History of Employment Service:

After the 2nd world war in 1945, for orderly absorption of the released service personnel and other war workers; the need for an organisation to handle this complex problem in a uniform manner was felt and in July, 1945 “Directorate General of Resettlement and Employment ” was set up

In 1947, after partition of the Country this Directorate was entrusted the job of resettlement of a large number of displaced persons (refugees).

In early 1948, the Employment Exchanges were thrown open to all categories of applicants which required transition of Employment Service from a resettlement agency to an all India placement organisation.

On 1-11-1956 the day to day administration of the Employment services was handed over to the state governments. So now the Employment service is the joint concern of the Central and State Governments where the Central Government formulates national policies, standards and procedure to be followed by the Employment Exchanges in the states; coordinates the work of the Employment Exchanges in the states; plans and formulates programmes for expansion and development of the services; conducts training programmes for employment officers and other such works which are required for the betterment of these services whereas State Governments fully control the Employment Exchanges in their respective states.

In 1959 The Employment Exchanges Compulsory Notification of vacancies Act was enacted by the Parliament and after notification of its rules, it came into force from 1-5-1960. Under the provisions of the Act all the establishments in the public sector and all the establishments in the private sector normally employing 25 or more workers are required to notify their vacancies and also render quarterly and biennial returns to the Employment Exchange of their area. Creation of new Department of Employment Generation A new Department of Employment Generation and Training has been carved out of the Department of Labour and Employment vide Govt Notification No. 18/16/2007-GC(2)/7219 Dated 11-04-2007 and 31-07-2007 with the following main objectives:

To develop a vision, strategy & policy framework for employment generation & training

To suggest measures to derive synergy of the plans and programmes of various departments working directly or indirectly for employment generation and vocational training. To advise on institutional and organizational mechanism for effective implementation of the action plan for employment generation and the vocational training to make the youth really employable by enhancing their skills and competencies. To regularly plan, implement, monitor and oversee employment generation action plans in the State and advise on the future steps to be taken. To facilitate manpower planning and vocational training in all the key sectors of the economy. Bringing out critical gaps in various services sectors and facilitate addressing these gaps as per the requirement of the national and international market.

To identify and advise on the regulatory aspects of job oriented training policies. Facilitate establishing more job oriented vocational institutions in the Public Private Partnership Mode in line with the requirement of skilled manpower and enhancing the capacity of the existing institutions. Harnessing the potential of various self help youth groups and educational organisations of repute.

Present Functions of the Employment Department: 1. Registration of job seekers for placement against notified vacancies. 2. (a) Providing education and vocational information to students, applicants and parents. (b) Collects compiles and disseminates information about various self employment schemes being offered by various departments of the state. The Employment Officer identifies and motivates candidates from the Live Register for adopting self employment as a way of life. (c) Prepares and distributes career literature free of cost to schools, colleges and libraries. Available career literature in English language is also translated into regional language for its better understanding at the grass root level. 3. Under the Employment Market Information programme information of the manpower market is collected and compiled for state and national level planning. 4. The department works for the implementation of various sections of The Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. 5. Disburses unemployment allowance to Educated Unemployed applicants registered with the employment exchanges with specified terms & conditions as per “The Punjab Payment of Unemployment Allowance to Educated Unemployed Persons Rules – 1978”. 6. Provides employment assistance and guidance to persons desirous of going abroad through its Overseas Employment Cell. 7. A special employment exchange provides employment services to disabled persons by approaching employers and motivating them to employ physically challenged but otherwise eligible applicants. 8. Implements employment related sections of “Persons With Disabilities Act 1995″. New functions and roles of the Department In addition to the present functions, the Department will be performing following new functions:

i) Enhance the employability of Punjab Youth by improving their Vocational and soft skills

ii) Vocationalisation of education system at school and college level and to facilitate Vocational training for school drop-outs and informal sector

iii) Promote Entrepreneurship and self-employment

iv) Prepare Punjab Youth, through rigorous trainings, for employment in Defence services and other jobs based on competitive examinations.

v) Fully prepare Punjab youth for overseas opportunities through enhancement of vocational skills and foreign language skills and by providing emigration assistance.

vi) Upgrade Existing Employment Exchanges to Electronic Employment & Training Bureaus

vii) To make available some of the employment services through Suwidha Centres at District/Subdivision level and Kiosks at village/ town level.

viii) Every University, deemed university and selected institutions to be notified as an e-employment exchange in their respective areas to make their services easily accessible.

ix) Conduct Manpower Survey and Job Survey to assess skill and competency gaps.

x) Vocational Awareness, Counseling and Guidance to Punjab Youth, administering profiling tests.

xi) Identification, Fine Tuning and Design of Training programmes.

xii) Apprenticeship training to be effectively administered and monitored

xiii) Active involvement of C-PYTE in every district for training of youth is important.

xiv) Make it compulsory for all the institutions and selected schools to establish at least 20% to 30% seats on Vocational Education by addition/ conversion

xv) Examination and certification of training and skills

xvi) Liaison for placement of Youth with corporate, recruitment agencies

xvii) Organise Job festivals, job melas, seminars, conferences etc. for job placements

xviii) Foreign Training and Employment Bureau for providing employment assistance, guidance, and training to the Punjab Youth desirous of going abroad for employment and business opportunities in the foreign countries like Canada, USA, Europe, Australia, Middle East etc.

xix) Liaison with foreign manpower ministries and employers

xx) Check on the activities of unregistered agents.

xxi) Pre-Departure cum orientation programme.



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