Jumat, 15 Oktober 2010

Factors that Affect Career Choices



 

Are you worried about making right career choices for yourself? There are lots of people who tend to choose the wrong career paths and hence they are never satisfied with their work. While choosing your career you need to be very careful. There are certain factors that affect career choices.

The factors the affect can either be intrinsic as well as extrinsic. There are certain people who are affected by the choices of their parents. Each and every parent usually has some kind of choices for their child. Some parents have the tendency to force their choice on their child.

This is one of the biggest mistakes that the parents commit. If the child does not prefer the career then it can have a bad effect on their career. Some others are affected the educational choices they have made. Choosing a career can make great differences in your life. It will surely have an effect on the quality of life.

Now you might want to know about the factors that affect career choices. One of the major factors is education. When you choose your career it is important for you to consider the current level of education.

If you want to join in an advanced position then you must always try to achieve higher degrees in education. Do you know that you childhood can also have an effect on your career options. Early education and parenting plays a great role in choosing ones career.

There are children who decide what they want to become when they grow up. They tend to follow that path so that they can accomplish their dreams. The other important factor that provides you an answer to how to choose a career is financial requirements.

A career might be intellectually rewarding as well as personally fulfilling but it is not a good career unless it pays well. If you have a family to support then you must look for a career which has high pay rates. This is the reason why financial requirements must always be considered while choosing your career.

Sometimes people have to make certain sacrifices because of these financial needs. You might not like the job at all but you have to stick to it so that you can take care of your dependant family as well as your child’s education.

It is important to make the right kind of career choices depending upon your needs. The other factors that affect career choices are skills and interests. You must always find out what you enjoy doing the most.

You must also find the out the unique skills sets that you have which can help you choose your career. If you do not choose a work which you love to do you will never be satisfied and you can never work hard to grow in that field.

Now you know what affects career choices. Sometimes the market conditions can also be one of the important factors that affect career choices. You need to look for opportunities available.
  by: Silas Reed

How to Become a Criminal Defense Attorney: Choose this



 
Are you interested in the field of law? There are lots of students who want to take up a career in law. This is because this field is quite challenging and lots of hard work is required. Other than this, you can also earn lots of money from this career.

There are certain students who want to become a criminal lawyer because this is one of the most challenging parts. Other than this, this field is also much more rewarding than the other fields.

Other than this, if a person becomes a criminal lawyer lots of avenues open in front of him in the future. He can start defending the criminals, or he can even prosecute them. Other than this, he also has the chance of becoming the judge in the future.

Criminal law is much more interesting than the other fields. The person can either join law firms or can even practice on his own. There are certain things you need to practice if you are interested in studying the criminal law.

The first thing you need to do is develop a good habit of studying. When you sit for the admission exams they also check your grades which you have got in school. If the grades are poor then it might have a bad effect on your career.

Other than this, you can also take up some extra courses which will help you to know the laws of the land better. You can also take up courses which will help you improve your communication skills. Criminal defense has become quite popular these days because of the success as well as the high pay.

The criminal lawyers have lots of benefits. The job is tough as well as challenging and this is the reason why you would love to work. But you must make sure that you are able to sacrifice your time for this profession.

You might get very less time for your family. This is the only side effect of this job. It is also very important to choose the right kind of law course. You need to enter the law school and for this you need to pass the LSAT.

After this you can apply to the law schools. You must always make sure that you choose the best school. There are lots of law schools present and this might confuse you. After you get the law degree you need to pass the start bar exam.

Criminal law will surely be better than the other ordinary subjects. Some people even want to become injury lawyers so that they can provide justice to people who are injured because of the negligence of some other people or organization.

 by: Silas Reed

How to Hold Out for the Right Career


 
If your present job sucks big time and you are facing difficulty in holding out over there, often your work ethics, energy, time, commitment gets hampered which does not allow you for a productive output.

Such career is of no use where there is no mental satisfaction. It depends though, but if you are wondering how to hold out for the right career then you should be aware of the knowledge of your job and what other careers aspects have to offer you.

This does not happen when you start thinking about it one fine day, but if this thought of seeking the right career has dawned upon you then you must learn the ways to accomplish it big time.

What should I know?

Technically speaking the question of how to hold out for the right career incurs the possibility of you to stick around and look for better prospects or either work your way up. There are certain ways if you follow might help you get what you want. Firstly, know yourself, your skills, knowledge, ability, strength, weaknesses, expertise, and preferred area of work.

Once you are through with it, you will be able to judge whether your present field is the one that should take up or think of something new. Holding out for your dream career may often relate to job situations and your current status of work and educational qualification.

These are variable features though and can change with job requirements, such as you may partake professional or diploma courses to enhance your degree and get closer to your dream job.

Your research

To know about job openings and choosing a career in detail it is essential for you to make a market research before you choose a career. The job market is highly competitive and fluctuating and what you want is a good paycheck so it has to be done accordingly.

Finding the best career opportunities will not only add to your knowledge but also may show you the path of success. You can find the answer of how to hold out for the right career which may unfold when you get to see the greener grass on the other side.

You should also be able to note down what job offers can last after a certain time period and would reap similar benefits pertaining to similar benefits that you are getting now.

In conclusion

These are some info which can lead you how to choose a right career which often seems confusing. What you can do is, get yourself signed up online or enroll yourself in a professional or educational consultancy who can guide you by keeping your assessment in mind.

It’s of course best to make a decision based on what you can handle than build castles in the air. Initially you will think of the benefits and perks of your dream job, but it is also for you to know that you are only to reap such benefits if you work the right way.

By : Silas Reed

Employment: Human Resources Jobs




Are you interested in employment in human resources? The present day competition of businesses is focused on getting more out of their employees than before. This is mainly due to the rivalry of different companies that has increased because of globalization. Companies are more than ever interested in the quality of their employees than before.

As a result, Human Resources has become one of the most important departments in businesses. These are mostly management level jobs that deal with how to efficiently manage the labor of the company.

Job Profile

HR employment is mainly concerned with the employees of the company. If you are an HR assistant or manager, then you have to take care of the quality of the hours spent by the employee in your company as well as assess their ability to solve problems they have encountered in the work place. It is also your responsibility to hire deserving candidates in appropriate positions.

Human resources jobs deal with the nuances of hiring an employee also. Right from the basic level, the publishing of advertisements in business journals and newspapers is done by them. They are also responsible for taking the interview of the aspiring candidates and choose the most deserving one.

In fact, if the company needs employees, then the HR personnel can also get in touch with different employment agencies or executive recruiters.

If you are looking for employment in HR, you should also be able to fire people if they fail to keep up with the codes and rules of the company.

Employment in human resources would also require you to take up some activities like organizing presentations, workshops and trainings to enhance the potential and quality of employees of the business. These workshops and trainings are made in such a way that they leave a long term effect on the employees attending them and improve their production.

Concerns like employee health, work place safety and attendance are also under the purview of human resources employment. If any employee is not being able to perform his best at the work place, it will be your duty to find out why. If his performance is the result of some mental disturbance then you will have to take care of it. You can send the employee to some other department with varying work or you can send him to see a psychologist.

In short, it will be your duty to ensure that the work place has a healthy environment. You will also be in charge of recreational activities for your employees. In order to get the most out of your employees you will need them healthy, active and fresh and the aim of human resources is to achieve this.

So you get the drift. The job of an HR professional is to manage the workforce of the company. But this kind of job requires heavy skills which is why people who have degrees and experience in this field are usually hired. Employment in human resources is estimated to increase in a few years due to the high growth of MNCs around the world.

By : Silas Reed

Employment Attorney Jobs



 
If there is any respected position in law, it the post of an attorney. Law and lawyers are the one who are spoken about highly but none of them come closer to what people think about attorneys. More because they have an expertise that is unparalleled; their job is similar to that of lawyers but they are not lawyers.

The list below mentions the name of the most lucrative areas in attorney work.

You can start your career in attorney jobs with:

• Litigation: Attorneys love litigations, because this is the job which helps them to rake in the moolah! Litigations can be of many types:

* Civil Litigation

* Commercial Litigation

* Litigation Associate

* Public Interest Litigation

One does not require the brains of the Nobel winners to guess that the most hyped litigations are the public interest litigations. These are high paying jobs along with media exposure and topped with overnight celebrity status!

If you’re fighting for the company who is facing a litigation case and if you mange to win it for your party, you’ll be rewarded handsomely and that includes payment in hard cash as well as a source for future practicing and troubleshooting work; not to mention the ‘elite’ class parties you shall be invited to!

• Research Attorney: This is seriously the most interesting job for an attorney and the satisfaction involves and the experience gained without having to take the blame in case of some problems – cannot be compared! The best part is that you get to learn, get paid and will be remembered for your research work on the particular case.

Some complain that the pay is less, but in the end, the experience you’ll have gained will pave your way for future attorney work that showers money!

• Health Care: It is genuinely on area where you can work and rest to your heart’s content. The fact is that there is little job to do here compared to the other areas but the pay is at par and sometimes even more than that of the other sectors. Hospitals and doctors are usually very careful about the way they treat their patients – simply, because they do not want a bad treatment destroy their reputation and further work and income opportunities. Similarly, hospitals do not want any problems because they will lose out on the number of patients.

Attorneys command respect and money at the same time and for the best in the profession, the earning can and does easily cross the elusive $100,000 barrier. No wonder that the popular attorneys flash their best watches and cars (pun intended!). There are many areas or sectors where the attorneys may find work.

 By :Silas Reed

Kamis, 14 Oktober 2010

Employment Tests. Parts 2


Pre-Employment Physical Exams
Employers may require a pre-employment physical examination to determine the suitability of an individual for a job.
Drug Tests
There are several types of drugs tests that candidates for employment may be asked to take. The types of drug tests which show the presence of drugs or alcohol include urine drug screen, hair drug or alcohol testing, saliva drug screen, and sweat drug screen.
Cognitive Tests
Cognitive tests measure a candidate's reasoning, memory, perceptual speed and accuracy, and skills in arithmetic and reading comprehension, as well as knowledge of a particular function or job.
Emotional Intelligence Testing
Emotional intelligence (EI) is the ability of an individual to understand his or her own emotions and the emotions of others. Testing job applicants for their emotional intelligence (in the form of psychological-based tests) is a growing employment trend.
Physical Ability Tests
Physical ability tests measure the physical ability of an applicant to perform a particular task or the strength of specific muscle groups, as well as strength and stamina in general.
Sample Job Tasks
Sample job tasks, including performance tests, simulations, work samples, and realistic job previews, assess a candidate's performance and aptitude on particular tasks.
Background and Credit Checks
Criminal background checks provide information on arrest and conviction history. Credit checks provide information on credit and financial history.
English Proficiency Tests
English proficiency tests determine the candidate's English fluency.
Lie Detector Tests
The Employee Polygraph Protection Act (EPPA) prohibits most private employers from using lie detector tests, either for pre-employment screening or during the course of employment. 

By Alison Doyle, About.com Guide

Employment Tests. Parts 1

 
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frequently get asked whether pre-employment tests and background checks are legal. The short answer is yes. Companies can test applicants for employment. The longer answer is that the tests must be non-discriminatory and the tests must be properly administered.

Why Employers Use Employment Tests

Employers often use tests and other selection procedures to screen applicants for hire. The types of tests and selection procedures utilized include cognitive tests, personality tests, medical examinations, credit checks, and background checks.
Companies can legally use these tests, as long as they don't use to them to discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older). Employment tests must be validated for the jobs they are being used to hire for and for the purposes for which they are being used.

Online Pre-Employment Tests

Depending on the type of test, employment testing can be conducted online or in the employer's office. Online employment tests are often used for pre-employment testing and assessment. Utilizing online testing eliminates the need for the candidate to visit the company's office or for the company to have to administer the test.

Types of Employment Tests

Personality Tests
Personality tests assess the degree to which a person has certain traits or dispositions or predict the likelihood that a person will engage in certain conduct.
Talent Assessment Tests
Talent assessments, also called pre-employment tests or career tests, are used to help an employer identify candidates that will be a good fit for jobs. Talent assessments help predict a new hire’s performance and retainability. 

By Alison Doyle, About.com Guide

ind A Job And Keep It �(Part One)

 
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Jobs Employment, Career Job, Employment Job

The most excellent way to find a job is online. You can do all the necessary research to understand the position you are trying for as you need to comprehend what you will be doing; and prove to be the best at it.
The most excellent way to find a job is online. You can do all the necessary research to understand the position you are trying for as you need to comprehend what you will be doing; and prove to be the best at it. Because your employer will be watching you in the first few months, to see what your true skills are, and whether you fit into the company, you must know your responsibilities fully and demonstrate that you are worth having as an employee.
Of course, a profession, manual labour, hospitality and office work are obviously extremely different; however, the issues below will help you. You should also know who you will be working with and learn to get along with people without becoming too annoying. There is no reason to stay in a job where you do not ‘fit in’ and will feel uncomfortable and where the people around you are unpleasant either. Even if you do search online in depth, remember that you will not always meet likeminded people, so be prepared for that happening.
If you have an innate fear of the unknown because of a new job or project assigned to you, realise that it is natural and everyone experiences it until settling in. Immerse yourself in your work for your first several months, and you will find yourself growing in self-confidence.
While on the internet check out two sites that I really think are great. At jobsniffa.com.au and OzFreeOnline.com, you will find thousands of jobs listed in their job classifieds. Just register free, post a resume and find a good job. Job opportunities are definitely ‘out there’ and you can search for your job Australia wide. Don’t be afraid to ask others questions. Maintain confidentially by not gossiping. Do not socialize in the office or cultivate an office romance, these are two of the worst mistakes employees make. Find your friends and love interest away from your daily work – you will be glad you did.

Author: Eileen Maravillas

Job Scams

 

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One of the questions I get asked most often is how to tell whether a job posting is a scam or a real job. Even though it can be hard to tell the difference, there are warning signs.
Job sites try to police the listings, but, it's hard to catch all the bad listings in a timely manner, especially when there are so many of them. Be very careful when reviewing postings to make sure that you're not taken advantage of by unscrupulous job posters.
How to Tell if a Job is a Scam
Sometimes, it seems that there are as many scams as legitimate job openings. Here are warning signs to help you determine if a job is a scam.
Job Scam Examples
In general, if a job says that you can earn a lot of money in a hurry with no experience or skills necessary, the chances are good that it's not going to happen. All of those are warning signs to watch for when job searching.
Employment / Career Scams
Employment and career related scams include companies trying to sell you products services or scams attempting collect your personal information to sell to a third party who will then try to market their products/services to you.
Entry-Level Job Scams
With the number of entry-level sports and entertainment marketing jobs listed on job boards, job seekers need to be very careful to avoid the numerous scams that take advantage of job seekers.
Work at Home Scams
Work at home scams - the typical work from home scams and how to avoid them.
Research Work at Home Scams
It's important to do your homework and check out every work at home job you're interested. Here's where to find out if a work at home job is legitimate or a scam.
Report a Scam
Here's how to report a scam, including where and how to report an employment scam.
Have You Been Scammed?
If you have been take advantage of by a scammer or know about a job scam, add it to our list of online job scams and review the list of online job scams so you can avoid them.

By Alison Doyle, About.com Guide

Student Working Papers (Employment / Age Certificates)


Working Papers (Employment / Age Certificates)
There are no federal requirements that mandate that students get working papers prior to starting employment. However, in some states, if you're under eighteen, you may need to obtain working papers (officially called Employment / Age Certificates) in order to legally be able to work. The best place to find out if you need working papers is your school guidance office. If you need working papers, the counselors can give you the form you will need to complete or tell you where to get it.
Who Needs Working Papers
Age requirements vary from state to state. In some states, you will need working papers if you are under 16. In other states, you will need them if you are under 18.
States that Require Working Papers
Review the list of State Labor Laws: Employment / Age Certificates to find out which states require working papers.
Where to Get Working Papers
Working papers are either issued by your school or by the state Department of Labor. Review the list of State Labor Laws: Employment / Age Certificates to find the requirements for your location.
How to Get Working Papers
Rquirements vary from state to state, but, in general here's what you will need to do to get working papers.
  • Obtain working papers / employment certificate application from school or Department of Labor.
  • Obtain a certificate of physical fitness from your doctor. You may need to have had a physical within the last year.
  • Bring the completed application with proof of age (copy of birth certificate, school record, school id, driver's license, or other document that lists your age).
  • A parent or guardian will probably need to come with you to get the papers and will need to sign the application.
Lost Working Papers
If you lose your working papers you can request a duplicate copy from the office that issued it.

By Alison Doyle, About.com Guide

Tips To Handle Employment Gaps.Parts 2



However, most resumes focus on time by addressing experiences chronologically. Consider using the following suggestions to draw attention away from your time between jobs:
  • •   Don't distinguish between paid and unpaid work on your resume. This way you can
        have a seemingly continuous string of jobs, even if you volunteered for
        the sake avoiding an employment gap.
  • •   Use only years (not months) when listing work dates on your resume. This can
        discretely cover several months of unemployment.
  • •   Summarize what you did while you did not have a job. It may seem awkward to put this
        kind of information directly on your resume, but it is more important to
        let recruiters know you used your time wisely.
  • •   Use a functional resume. Unlike the traditional chronological resume, a functional
        resume puts less emphasis on the timing of work experiences.
        Instead, a functional resume emphasizes skills, which employers care more about.
4) MENTION MAJOR GAPS
The last important step in handling employment gaps is deciding when to discuss them. Unless you can completely hide the gap, a recruiter will eventually spot it. If you are prepared to address the issue, you can avoid a potential disaster.

There are basically 2 schools of thought on this issue: address an employment gap in your cover letter or address it in the interview. Neither approach is wrong; neither approach is right. It is a matter of personal taste. Just consider these points before deciding, which approach you use:
  • •   In a cover letter, make your explanation very brief. A one or two-sentence long
        explanation is enough. Details are not important.
  • •   If a gap occurred a long time ago, don't bother mentioning it in a cover letter. Employers
        are concerned with your recent work, not something that happened 10 years ago.
  • •   In an interview, still keep your explanation brief. The only reason to go into deeper detail
        is if you gained valuable experiences during your employment gap.
  • •   No matter what, END ON A POSITIVE NOTE. Whether you address the gap in a cover
        letter or an interview, state that you are ready and excited to get back to work.
CONCLUSION
Hopefully, these steps will give you ideas on how to handle your own employment gaps. It's a difficult task to do, but it is also one of the most valuable. Having employment gaps shouldn't keep you from finding a job, but only you can stop the cycle from repeating itself. ( by Nathan Newberger)

Tips To Handle Employment Gaps.Parts 1



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This http://www.WorkTree.com career article by Nathan Newberger gives job seekers some important pointers on handle gaps in their work history.

Being unemployed is a difficult and stressful situation. To make matters even worse, the fact that you may not currently have a job can prevent you from finding a job. It is unfair, but true. Having gaps in your employment history are often an immediate turn off for recruiters and interviewers; however, with a little bit of creativity, you can make those gaps disappear.

This month's newsletter explains the 4 steps to handling gaps in your employment history. Don't let being out of work keep you out of work.

These following four methods will be covered:

1. Find Real Gaps
2. Fill In Gaps
3. Dodge Resume Gaps
4. Mention Major Gaps



4 TIPS TO HANDLE EMPLOYMENT GAPS!

1) FIND REAL GAPS
The first mistake many people make is to assume the worst when it comes to being out of work. Not having a job does not mean you have an employment gap. There are many legitimate reasons for not working. These reasons can be addressed directly without any worry.

The most common explanations of unemployment that should NOT be considered employment gaps are:
  • •   Attending school
  • •   Having/taking care of children
  • •   Personal health problems
  • •   Serious Illness in the Family
  • •   Being between jobs for a short period of time (less than 6 months)
2) FILL IN GAPS
If your bout with unemployment does not fall into one of the categories listed above, you most likely have an official gap in your employment history. Even at this point, you do not necessarily have to let a potential employer know about this gap.

By keeping busy while you are between jobs, you can turn a would-be gap into a learning experience. Consider using the following tactics to fill those gaps:
  • •   Take a class related to your profession. Being in school accounts for your time off, and
        employers like to see people bettering themselves through education.
  • •   Look for freelance or consulting projects. These jobs are not permanent, but they do
        ensure that you keep up-to-date with your skills. You can put this type
        of work on your resume as if it were any other kind of job.
  • •   Volunteer for an organization. Getting paid would be ideal, but future employers are
        concerned with your work experience. To a recruiter, a volunteering
        position can be just as good as a paying job.
  • •   Read trade journals. Though this method may not be something you put on your
        resume, it will help you stay current with the industry. Conveying the
        newest information possible in an interview shows that you have not lost your
        knowledge of the business.
3) DODGE RESUME GAPS
Not everyone will be able to find a creative way to fill the gaps in their employment history. If you find yourself in this situation, it is no longer an issue of proving your time was occupied. Instead, you should focus on the fact that you are still skilled and qualified.(By Nathan Newberger)

Wrongful Termination of Employment.Parts 2


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Additionally, an employee cannot be fired in violation of any policies and procedures established by the employer. For example, if the employee handbook requires that employees be put on probation for a certain amount of time before being fired for a certain offense then the employer cannot waive the probationary period in violation of its own policies and procedures without the employee’s consent.
The employment at will doctrine allows an employee to leave a job at any time and allows an employer to find the best employees for its business without being legally obligated to continue employing a particular employee. However, the wrongful termination laws place an important qualifier on that right and protect employees from being unfairly and illegally fired for the reasons described above.
Remedies                 
If you believe that you have been wrongfully terminated then you may be entitled to compensation under the law. Your potential remedies are defined by state law and may include:
  • Back Pay for the time that you were not working after your wrongful termination;
  • Reinstatement to Your Job, with reasonable accommodations if necessary;
  • Promotion, if a promotion was wrongfully denied you;
  • Other Compensatory Damages, including compensation for benefits such as medical insurance that were lost due to wrongful termination;
  • Punitive Damages; and
  • Attorney’s fees.
Wrongful termination law seeks to strike a balance between protecting employees and allowing employers to fire employees who are not a good fit for their company. If you think that you have been wrongfully terminated it is important to gather as much evidence and to keep as much documentation as possible to support a potential case against your employer.
Source : http://resources.lawinfo.com

Wrongful Termination of Employment. Parts 1

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In the absence of an employment contract, an American employee is an employee at will. The employee at will doctrine allows employers and employees the freedom to terminate the employment relationship for good cause or for no cause at all. However, it does not allow the employer to fire an employee for “bad” or “wrongful” cause. 
What is “Wrongful"?
Wrongful termination is defined by both state and federal law. Generally, an employee may have been wrongfully terminated if the employee was fired for:
  • Discriminatory Reasons: this includes any class protected by law including race, sex, age, national origin and disability. Some states also make it illegal to fire someone based on their sexual orientation.
  • Retaliatory Reasons: an employer may not fire an employee for exercising his or her civil rights. For example, if the employee alleges that he or she has been discriminated against and files a discrimination claim with the employer or a state or federal agency, the employee cannot be fired for filing the claim. Similarly, an employee cannot be fired for participating in the investigation of another employee’s civil rights claim.
  • Refusing to Break the Law: it is against the law for an employer to require an employee to break the law as part of his or her job and an employer cannot terminate an employee’s job for refusal to break the law; and
  • Being a Whistleblower, in certain situations: the law protects whistleblowers from being fired if they report certain activities of their employers through the proper channels. For example, if an employee raises concerns that an employer is breaking environmental laws then the employee maybe protected from losing his or her job if the employee brought the concerns to a supervisor or to an appropriate government agency. However, the employee would not be protected from termination if the employee told a colleague or the media.

Source : http://resources.lawinfo.com

The "For Good Cause" Defense to Employment Discrimination Claims

Employers may not fire employees for discriminatory reasons such as their age, sex, disability, religion, race, or national origin. However, sometimes employers are put in the difficult position of having a valid legal reason for terminating an employee even though the employee may claim that he or she was fired for discriminatory reasons. 
The “For Good Cause” Defense to Employment Discrimination
If an employee alleges that he or she was fired for a discriminatory reason then the employer may present a defense to that claim. An employer is permitted to terminate an employee at will, also known as an employee without a written employment contract, for good cause or for a legitimate nondiscriminatory reason at any time. For example, an employer can terminate employees for misconduct or because business has slowed down and the employer no longer needs as many employees as it once did.
While an employer has the right to terminate employees for good cause or for a legitimate nondiscriminatory reason, the employer must make its decision solely for nondiscriminatory reasons. The Civil Rights Act of 1991 makes it an unlawful employment practice to terminate an employee if it can be shown that there was a discriminatory motive involved in the employer’s decision to terminate an employee. An employer must be able to prove that it would have made the same decision to terminate the employee absent a discriminatory motive. If an employer is successful in proving this element of his defense then the employee will not be entitled to damages.
Best Practices Make “For Good Cause” Defenses Successful
It is important for an employer to remember that it must have terminated an employee absent a discriminatory motive and it must be able to prove the absence of a discriminatory motive in court. While proving the absence of discrimination is not always easy, there are some important pieces of evidence that an employer can provide. For example, an employer should keep detailed employee record files that include all formal and informal employee reviews, warnings about behavior or work quality that were provided to the employee and, guidance or training that was provided to the employee. The employer may present evidence that all employees who act as the employee acted are fired, regardless of employees’ sex, age, disability, religion, race or other protected status. Similarly, if an employer is making layoffs for economic reasons then the employer should follow a logical method for making those layoffs. For example, the common “last hired, first fired” rule.
Employment Lawyers are Important in Employment Defense Cases
For the reasons discussed above, record keeping is an important part of employment discrimination cases. An employment law attorney can help an employer learn how to keep employee records in a way that accurately documents the employee’s work history and that can be used as reliable evidence if a future employment discrimination lawsuit should arise. Once an employment discrimination lawsuit is filed against an employer, an employment discrimination lawyer can help argue the “for good cause” defense to the court. Therefore, it is important for employers to have experienced employment lawyers who can protect their interests.

Source :http://resources.lawinfo.com

Who is Protected from Employment Discrimination?

 
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Most working Americans are employees at will. That means that they may quit or their employer may fire them at any time for any reason or for no reason at all. However, the right of the employer to fire an employee, to refuse to hire an employee or to provide certain employee benefits is not unlimited. The employer must abide by all applicable employment laws that protect employees and potential employees from discrimination.
 
The Federal Laws
 
Since the 1960s, there have been several laws passed that were meant to protect employees from being discriminated against by their employers. That includes safeguarding protected classes of people from unwarranted firings, refusals to hire, unfair wages, unfair working conditions, unfair benefits, unfair transfers, unfair assignments, unfair access to company facilities and more.
 
The move toward codifying the antidiscrimination laws began with the Equal Pay Act of 1963. That Act prevents employers from engaging in sex based wage discrimination for men and women who perform substantially equal work in the same establishment. The Act applies to almost every employer in the United States.
 
In 1964, the Civil Rights Act was passed by Congress and signed into law. Title VII of that Act protects employees from discrimination based on race, color, religion, sex and national origin. The Act applies to all employers who employ at least 15 employees.
 
Older workers gained protection from discrimination with the passage of the Age Discrimination in Employment Act of 1967. That Act applies to workers age 40 and older as long as the private employer has 20 or more workers. It also applies to public employers, employment agencies and labor groups.
 
In the 1970s two significant antidiscrimination laws were passed. The first was the Rehabilitation Act of 1973 which prevented the federal government from discriminating against employees who have disabilities. In 1978, the Civil Service Reform Act was passed that had numerous prohibited personnel practices and was intended to promote overall fairness in the federal government employment arena. 
 
In 1990, the Americans with Disabilities Act was passed and provided protection for qualified individuals with disabilities in the private sector and in state and local governments just as the Rehabilitation Act had done for federal employees 17 years earlier.
 
It is important to note that many states have additional protections for employees within their state. Those laws vary and some significantly expand the federal laws. For example, some states have laws that protect employees from discrimination based on sexual orientation. States are permitted to provide more protection to employees but they cannot reduce the protection provided by federal law. Most states have an office of equal opportunity or an equal opportunity commission that can provide you with additional information on specific state laws and protections.
 
The Responsibility of Employers
 
Employers must make reasonable accommodations for the protected classes described by federal or state law. That means, for example, that a person’s religious observances must be accommodated if it can be done in such a way as not to cause material harm to the employer.
 
Many argue that employment discrimination still exists in the workplace, however, the employment discrimination laws are meant to lessen the extent that discrimination affects employees and help level the playing field for all employees.
 

Can I Be Fired? Can I Quit? Understanding the Employment at Will Doctrine

 
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In the absence of a formal contract that governs your working relationship with your employer, you are considered an employee at will. Many Americans are employees at will and it is, therefore, important for both employees and employers to understand the concept and a worker’s rights under this work arrangement.
 

What is Employment At Will?

Unless there is a contract or a collective bargaining agreement that expressly states the employment terms, an employee is an employee at will.   That means that an employer may terminate the employee’s job with or without good cause and that the employee may quit his job for any reason.

Supporters of the employment at will doctrine argue that it promotes efficiency in the workplace. In order for a business to achieve its greatest potential, the employer and the employee must be productive and successful. It is important that the employer and the employee work well together. The doctrine recognizes that sometimes an employee and an employer do not work well together even though there is no tangible reason for the unproductive working relationship. Therefore, the doctrine allows either party to leave the relationship for any reason rather than be locked into an arrangement that is not working.
 

Exceptions to the Employment at Will Doctrine

Each state creates its own exceptions to the employment at will doctrine. There are some exceptions that have widespread agreement among the states and other exceptions where there is less agreement.
 
One exception upon which most states agree is the public policy exception to the employment at will doctrine. Forty eight states and the District of Columbia have created a public policy exception to the employment at will doctrine that prohibits an employer from firing an employee for reasons that violate the state’s public policy or a state or federal statute. For example, it would be illegal for an employer in these states to fire an employee because he is a member of a protected race or for complying with a state or federal whistleblower law.
 
Another exception that is recognized in more than one half of the states is the implied contract exception. This means that an employer may not fire an employee if there is an implied contract between the two parties, even if a formal written contract does not exist. This exception can be difficult to prove and it is the burden of the fired employee to prove that there was an implied contract between the parties.
 
 
While many employees assume that there is some kind of covenant of good faith that should be involved when dealing with an employee’s termination, only a handful of states have recognized that such a covenant exists. Most state courts have found that implying a standard of good faith or fair dealing would fundamentally change the employment at will doctrine.
 
Losing a job can be a frightening experience that requires an employee to make fundamental changes in his or her life. Similarly, accepting the resignation of a valued employee can be difficult for an employer. Therefore, it is important that both parties understand all of the laws that surround their employment relationship.
 
Source:http://resources.lawinfo.com 

Rabu, 13 Oktober 2010

Work Place Discrimination & Related Rights In Employment. Parts 2

 
 
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Religious or Belief Discrimination it is in equal opportunities and employment discrimination, because of one's religion or belief, to apply a condition on the assumption that a law would not be respected -e.g. an undertaking that Sigh builders would wear helmets at all times, or that a Sigh judge would wear instead of his turban the wig worn in British courts of law.

Degrading treatment (which the above would also be) in employment discrimination under the race relations legislation (racial victimization -or religious, ethnic, color, nationality, citizenship) takes into account what the complainant considers to be degrading.

Age Discrimination may also be complained of, if employee or candidate may is refused employment because of his or her age, or in employment if is less favourably treated or subjected to victimization.

Disability discrimination while it is, in employment discrimination legislation, to not provide some 30% disability work for disabled employees in a workforce of 20 or more -with appropriate work and equipment and workplace adjustments, disability discrimination is subject to employment discrimination precedent and the courts may regard an employer's failure in special interviewing arrangements not a discriminatory practice amounting to employment discrimination but failure of the disabled job applicant, even if the special arrangements need was stated on the application and details were never asked, if disabled persons fail to specify them .

Disability discrimination is legal if the workforce is less than 15 ~also if of indirect effect on disabled workers -it is employment discrimination only if it affects directly.

Disabilities do not entitle to equal rights or disability rights in disability employment discrimination unless for a year seriously disabled in ordinary daily activities -else it is not employment discrimination.

Genuine occupational qualification excuses employment discrimination -in equal opportunities employment rights it is a genuine occupational qualification is one that does not unjustly disqualify an entire class of, e.g., female workers or married women employees, or staff transsexual or of a different sexual orientation, or alien workers ~in employment discrimination such proof is on the employer in sex or race discrimination claims - Panesaar -v- Nestle 1980.

Grading of employees vulnerable to employment discrimination -e.g. of working women or black or immigrant workers, may be complained of as employment discrimination ~employer must show that were not taken into account personal factors, e.g. a working woman likely to take maternity leave or a single parent working girl, in assessing - National Vulcan Engineering -v- Wade, 1977.

Source : Eren ( The Autor )

Work Place Discrimination & Related Right In Employment. Parts 1

 
 
Equal opportunities workplace discrimination in sex discrimination cover sexual orientation, same-sex prejudice, adoption, paternity, maternity, parental, dependant leave, marital status, equal pay; race relations employment discrimination ethnic relations, religious discrimination, nationality, citizenship; discriminatory practices, disability discrimination.

Sex equality, race relations, disability work rights in employment discrimination laws are:-

A. It is employment discrimination contrary to nondiscrimination policy, unlawful prejudice, to treat employees e.g. working women, colored, foreign workers less favorably than others ~this is the basis of equal opportunities, nondiscrimination laws, in workplace discrimination, be it gender equality, racial equality, disability rights in employment -applying employment discrimination rights is illegal.

B. It is illegal workplace victimization to penalize one for complaining or inquiring about or doing anything in good faith in relation to employment discrimination -be it about discriminatory practices of e.g. gender prejudice or sexual orientation or ethnic relations, even if there has not been, and even if the employer retaliation is not itself employment discrimination ~causing detriment after employment ends also is employment discrimination.

Important details of employment discrimination are:-

Equal Opportunities are not minority rights, or women's rights only ~it is equally illegal employment discrimination for e.g. black or women employers to subject to racial inequality or gender discrimination or sexual harassment a white an employee -in ethnic relations it is employment discrimination whether the employer belongs to a dominant majority group or a minority group.

Lawful prejudice is possible: in employment discrimination, whether it is race relations, ethnic relations, or sex equality, employers are entitled to employment discrimination in recruitment by preferring a particular racial or ethnic or gender or sexual orientation class to ensure fair gender equality or racial equality respecting nondiscrimination policy ~non-employment of the disabled is legal employment discrimination if workers are less than 20 -or if a legal musts, e.g. safety helmet for Sigh bike messenger.

Segregation, racial or ethnic, is not unlawful employment discrimination if genuinely otherwise it would disrupt ~in gender equality it is not illegal employment discrimination but lawful discriminatory practice to provide separate one-sex facilities to avoid embarrassment -it is also legal employment discrimination if it would offend a sizable faith.

Otherwise racial segregation can make liable in employment discrimination as race discrimination -if it arises from an employment discrimination complaint, additionally, also as employment victimization.

Employment victimization if is due to, e.g., gender prejudice, an employment discrimination complaint must have preceded it - Negorajam -v- Agnew, 1994.

Workplace harassment, be it sexual, religious or belief, ethnic or racial harassment, is more than employment discrimination -it can be, additionally to employment discrimination, a criminal offence ~also if it is only employment discrimination and on its own not of criminal nature, if persisted in, in employment or after termination.

Sex harassment or racist abuse by a colleague is not workplace harassment as employment discrimination if not in course of or at place of work nor related to work -action lies in equal opportunities but not as employment discrimination.

Workplace harassment, e.g., sexual harassment, is required in employment discrimination case-law to be shown to have adversely affected one's dignity - Porcelli -v- Stratchlyde Rural District Council, 1980.


Fill Out That Online Big Box Store Employment Screening Application Correcly. Parts 2


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You may of come across this type of interview already in your career of trying to get now what is the most prevalent entry level , student or part time job of many in our working and employment job and careers. This is the online interview. The drill is you ask at the customer service desk of your local big box electronics / office equipment / hardware / grocery or other "big box" retail store. Either at the customer service desk itself or on the website itself you are told that to apply for an "exciting position and career" that the proper (and only procedure) is to fill out the "online interview". Many job seekers and applicants think that these online or "computer assisted" interviews are a lark, that they really do not count. However it is very simple - in previous years it may have been a physical person - a secretary or assistant that was the keeper of the gate. In the year 2008 it's an automated system. If you do realize that if you do not fill out the online application form "correctly" you will be screened out of the system promptly.

It's all a numbers game. The applications are filed according to an answer score, sorted as such and emailed to the store manager or human resources person who does the employment interviewing. At the most that hiring authority will receive two piles. Pile one (which you hope to be in if you want a chance at a screening interview) and pile 2 which is usually not even looked at.

The question becomes then "How do you I get in the correct job screening selection pile?" The answer lies in anticipating the questions, and giving the "correct "or expected answers. Two points here - one - it is never a wise or ethical idea to lie. You will only be found out in the future. The second here is that your ultimate goal is to get the job employment screening interview as a stepping stone to be offered the job.

You have to remember as well that those hiring are also trained in a system. The turnover and movement of managers around the company locations is often on a fill in basis - and as needed. As such management makes decisions based on a system and on "the book ": or "manual". All of this works to your favor if you understand how it all works.

The basic rules are to tell them what they want to hear. Second never tell a lie. If it's not in your favor then do not tell a lie. Simply do your best not to bring it in the interview or in this case the online screening interview. Often the questions are very telling and apparent in the desired answer. Often as you complete the interview you may find that the skills that are desired are often at odds with each other. It's as if the online interview was written by a number of different people - all who wanted different skill sets. In most likelihood the interview was completed by a committee - each member of which had totally different preferences for the workers they hired. After all the long committee meeting, the members may have had enough of the frustrating exercise, and then threw up their hands to agree and get the ordeal over with. Then it's left to computer programmers, who are often technical engineer types, to put all these conflicting questions into online interview format.

As an example you may have a series of questions dealing with customer empathy and always serving customer needs. The correct answers here are that the "customers needs, wishes and preferences are paramount". The next series of questions may well deal with company polices- that the company policies and rules are always paramount.

These rules should never be questioned or disputed- not by you and certainly not the customer. The series of questions in sequence one may be from a successful sales trainer - with a sales orientated response. After all "nothing happens without the sale". Yet the questions in sequence number two may well come from the customer service department .Enforcing and enforcement of company rules, polices and procedures are paramount- no matter what the final effects and results are. The correct answer to any of the questions on the online form is the answer that will get you into pile number one which will afford you the chance of actual face to face screening interview.

That's what all is about - without buying a ticket you cannot win the big lotto. In the same way unless you are in employment application screening pile one you will have no choice whatsoever at that initial screening interview which is the first and primary focus of the employment interview process. Fill out that "online interview" or "online interview application "correctly.
Retrieved from "http://www.articlesbase.com/careers-articles/fill-out-that-online-big-box-store-employment-screening-application-correctly-412792.html"


Source : William Piker ( The Autor )

Every Things You Always Wanted To Know About employment And Job Search

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If there was ever a more complicated way to find lawyer categories attorney's labor employment law, this particular string of search parameters would be it. Although if all you wanted to do was to find out where you could source a good labor lawyer, plugging in lawyer categories attorneys labor employment law will definitely give you a good starting point in your search.

Basically what you would need would be a comprehensive directory of the various kinds of labor lawyers/attorneys that specialize in a variety of different laws in the labor employment area. For instance you may need someone who specializes in discrimination, sexual harassment, wrongful termination or a variety of other areas.

Lawyer categories attorney's labor employment law will also take you to some sites that provide forums for you to ask questions. Granted the questions can't be too specific, but in terms of being able to provide you with a broad overview, filling out one of the questions forms on a forum site in the lawyer categories attorneys' labor employment law arena might get you started down the road to finding out what you need to know.

Since this area of law is so broad and complex, you might want to take some time searching for the right lawyer to suit your personality and, your specific set of circumstances. It's important if you're going to actually be taking a labor dispute to court, that you and your attorney are both on the same page. So, with some due diligence on your part, take the time to thoroughly check individual legal representatives in the in lawyer categories attorneys labor employment law sections you find on the Net.

In case you get lost with all the terminology on the Net in the labor law area, you might want to know labor law is also called employment or labor law. What is it? In simple terms it's the collection of laws, administrative rulings, and precedents which deals with the legal rights of, and restrictions on, working people and their organizations.

Employment or labor law mediates many relationships between trade unions, employees and employers. Within the category known as employment or labor law, there are two other categories to consider – collective labor law (dealing with employee, employer and union) and individual labor law (dealing with employees rights at work and through the work contract).

How did we get all these labor laws? In the 19th and 20the century, the labor movement itself was/is critical in getting the various laws enacted to protect the working man and woman.
 
Source : Manvel Tonoyan

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Many people in their enthusiasm to jump into their job hunt do not bother or take the time to do a proper job of research. Yet research have shown that those who do take the time and effort to conduct a thorough job of research - both l impress interview team of their future employers by their thoroughness and determination at this job so much so that they are generally offered better job positions at better pay and benefits.

Why this is so and what can you do to guard against laziness or avoidance of conducting a most through effort at pre employment and career building research?

First of all where are you going to in your job career employment search?

If you do not know where you are going you are going to end up somewhere else. Knowing how and when you are going to conduct your job search can be ineffective if you do not have a clear idea where you want to go and what types of job, employment and career field you want and in the end what it is that you are searching for.

Life is a series of steps and stepping stones. Even if the area that you are currently conducting a job search in is not to your liking and first pick, every door leads to another. Preparation of a career , carefully chosen rather than haphazard , can mean that time in preparation in an intermediate sector may lead to the gold that you want later on.

If you do not have most clear idea of where you wish to be heading you can easily going down roads and byways, wasting time and effort, applying for jobs that have little benefits to you, in terms of contacts, networking and skill development, when the time could have been much better invested elsewhere in pursuits with real benefits, rewards and payoffs.

Next the whole process of research may overwhelm you. True. You can only take one step at a time. Move towards your goal. Research will help you develop, plan and establish your goals. Best , if you are feeling overwhelmed , to some degree , is that when you do have that destination and road map in place , to follow, you are going to be far less likely to get lost along the way and have intense feeling of frustration.

Overall it's a case of time, efforts and money spent well in the right directions to get the best job and career employment opportunities. You might think that by spending the time and effort researching you are wasting time beating the pavement and not getting that good job.



However if you do not do your career job employment research, then that is the major waste of time. You could most easily find yourself wandering aimlessly through the maze of available job-related resources, searching online, talking to people who either have no interest in providing you with employment, or provide employment that is not to your benefit - either as long term career opportunities, good paying or downright poor places to work with little job satisfaction or job satisfaction potential..

If has often been said that those that "fail to plan, plan to fail"... Those job seekers who not do a good and thorough job or employment, industry and career research are shortcoming no one but themselves and their employment, Career and wage earning potentials.

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Employment Job listing-Best Place To Find Is Internet.

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Due to the constant and consistent growth of the internet, finding employment job listings has become very easy now. Finding a job vacancy of your own choice has been made very easy for the job seekers through the internet. The best thing about it is that with just a simple mouse click, you get a vast employment job listing right at your fingertips.
There was a time when you had to search the classified segment of the newspaper, which was not only tiring due to the small prints, but also it limited the jobs to the area where you live. Hence, those who wanted jobs outside their state or even country had to get the classifieds of the state itself. Although that isn't that difficult, but it sure makes you look in a huge stack of newspapers for finding the job you want.
The main advantage of finding employment job listing through the internet is that you are allowed to make your own membership account. There are two types of membership accounts, the one which is free contains limited options while the one which asks for a little fee contains more freedom and allows you to put more detail and description in your portfolio. Nonetheless, free memberships aren't that bad a choice as millions of people have already found their dream jobs through them.
When you get an account on the employment website, you are allowed to put in your personal and contact details, educational as well as employment history into the website's database. Even some of these websites provide you of adding a photo feature which is great for verification purposes. After your portfolio has been completed, you can easily search the employment job listing of the website through their search engine. This search can be done with accordance to job type, area of expertise, country, location, category, etc. The only thing you will have to do in any interested job will be clicking on the apply button and resume will be automatically sent to the employer.
In the end, you can see that getting the employment job listing on the internet is free as well as convenient for you. Another thing to add is that you can search for the job and apply for it at any time of the day no matter if it's in the office hours or not, the website is available for you to use all the twenty-four hours a day at all the seven days a week.

Source :Jacob Smith ( The Autor )

Getting The Best Job-Employment Guidance. Parts 2

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List Your Skills

After you have made a list of your educational qualifications, you have to identify your key strengths or your skills. For instance, you require great interpersonal skills if you are holding a marketing job that requires you to communicate constantly with people. In order to be a quality technician, you need mechanical skills.

Determine the reasons for which a company should employ you. Find answers to the question, "what can I give my company"? This ensures that you will find a job where your skills and abilities will be well utilized. It also means that your employer will have to spend less time and energy training you. You life at the workplace will turn out to be rewarding.

Achieving Success at Work

The future of you career is now within your control. It all depends on how well you utilize your educational qualifications, skill sets, capabilities, and work experience. The keys to a successful career are diligence, ability to make wise decisions, self-discipline, and courage.

Show initiative, have an eye for details, and work diligently in order to achieve success at your work. Develop a good working relationship with your employers, partners, colleagues, clients, and customers. Strong bonding at the workplace ensures a successful career. The above-mentioned are just a few ways to enjoy a successful and fruitful career.

Employment opportunities are not limited to the corporate world. Technology and globalization have led to a mushrooming of opportunities all over the world. You can enjoy a sense of professional achievement even as your own boss or by handling a work-at-home position.

The modern world, with its technological developments, ensures that you can find any number of jobs that match your educational qualifications and your skill sets.

Source : Abhishek Agarwal ( The Autor )

Getting The Best Job-Employment Guidance. Parts 1

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Employment guidance will be of great help to all job seekers. It will help you determine if your preferences and qualifications match the job and the company you are planning to work in.

Are you still not sure about which is the best career plan for you? If so, you had better take a self-assessment test. This test will help you figure out the best career option for you. It will help you determine if the career goals you have set for yourself match your tastes, abilities, and personality.

Every job seeker should take into consideration the following points.

List Your Qualifications

To get the best and most satisfying job for yourself, you have first make a list of your educational qualifications. For example, if you have done a degree in marketing, you will be very successful in a business-oriented job that requires you to establish a very good relationship with the company's customers and clients.

Your specialization should suit the requirements of the job you are applying for. However, it is important to note that your educational qualification and specialization are not meant to limit the number of jobs you can apply for. Rather, it serves the purpose of creating a framework that will guide you toward the most lucrative job.

Source : Abhishek Agarwal ( The autor )


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