Exceptions to Employment at Will

Exceptions to Employment at WillExceptions to Employment at WillCan employers fire someone without a good reason? The employment at will doctrine allows employers toterminate some employees without having to give a reason. Most U.S. workers are covered under the provisions ofemployment at will, meaning that they can be discharged for any reason or no reason at all without cause ornotice, as the employer sees fit. Employment at will also means that employers can change the terms of employment unless employees are covered by any of the exceptions referenced below. These exceptions to employment at will provide legal protections for workers who are covered by state and federal law, collective bargaining agreements, contracts, public policy, and other circumstances and situations where employee rights are protected. If youre concerned about havingyouremployment terminated, its a good idea to determine whether any of behauptung exceptions apply. What Employers Can Do Under Employment at Will Some of the things that employers can do under employment at will include terminating employment, reducing wages, changing employee-benefits coverage, limiting hours worked or changing an employees job content and work schedule. Having formal job descriptions does not restrict employers from assigning duties not incorporated into job descriptions or from changing an individuals work responsibilities. Exceptions to Employment at Will Not all employees or all situations are subject to the provisions of employment at will. Often, when you accept a job offer, your agreement will state whether youre an employee-at-will, or covered under another schriftart of contract. The job offer letter you receive (or the company employee handbook) may stipulate that youmustacknowledge that you are employed at will. The following are circumstances where employment at will may not apply Collective Bargaining AgreementsEmployees covered by union or association agreements often have contrac tual provisions that stipulate when and how an employee can be fired. For example, the agreement may state that employees may only havetheiremploymentterminated for cause. Unions usually have a well-defined appeals process as arecourse for members who believe that they have been wrongly discharged. Company PolicyCompany policy may detail when and how employment can be terminated, and whether warnings need to be provided to employees at risk of termination. In most cases, theemployer will follow the guidelines established in the policy when terminating employees. Individual Employment ContractsWorkers in some industries and at some organizations haveemployment contractsthat outline the terms of employment and conditions for discharge. The employer must follow the terms of the agreement andmay otherwisebe subject to awrongful termination action. Public PolicyMost states recognize that certain public policy guidelines limit the exercise of employment at will by employers. For example, employers are prohibited from firing employees who have filed claims forworkers compensation, workers who have reported legal transgressions by their employer,or employees who refuse to violate laws as they carry out their duties. Public policy guidelines also protect workers engaging in acts that are in the public interest, such as serving in the military reserve or on a jury. Statutory Protections for Employees Employees cannot be fired for discriminatory reasons. State and federal laws protect employees from beingdiscriminated against in hiring or firing. Categories of protection include race, national origin, gender, age, religion, pregnancy, family status, veteran status, disability, ethnicity and sexual orientation (in some states). Well-defined company policies on terminationclearly outlined in employment manuals, provide protection for some employees. Verbal assertions by management that employees will not be fired without just cause may also hold up in a few instances, though these are often hard to prove. Covenant of Good Faith and Fair Dealing Exception Eleven states (Alabama, Alaska, Arizona, California, Delaware, Idaho, Massachusetts, Nevada, Montana, Utah,and Wyoming)consider exceptions to employment at will based on the broad principles of good faith and just cause. Employees in these states can put forward lawsuits if they believe that their termination was unjust. Some courts have interpreted this to mean that terminations must be for just cause and cant be made in bad faith or motivated by maliceas per theBureau of Labor Statistics. Many Employers Are Still Influenced by the Opinion of Employees Even when employers might legally be permitted to exercise employment at will, many organizations will provide recourse to employees who believe that they have been treated unjustly.It only makes sense employers who develop a reputation for treating employees unfairly will have difficulty attracting and retaining top performers. Not sure h ow thismay impact your circumstances? Consult company policy and contact your human resources department if you believe the terms of your employment have been unfairly altered. Its in the best interests of your employer to maintain a good relationship with you, even if their requirements have evolvedfrom theoriginaltermsofyour employment. Have a Question? Here are answers to the most frequently asked questions abouttermination from employment, including reasons for getting fired,employee rightswhen youremployment has been terminated,collecting unemployment,wrongful termination, saying goodbye to co-workers and more. If youve recently hadyouremployment terminated and have concerns about the process or what happens next, this is the distributions-mix to look. The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own states laws or the most recent changes to the law.

Marketing Your Skills for a Job Outside Your Traditional Career Path

absatzwirtschaft Your Skills for a Job Outside Your Traditional Career Path Marketing Your Skills for a Job Outside Your Traditional Career Path When you started college, you probably had a specific career path in mind, and perhaps youve followed your plans to the letter.However, in todays fluidgeschftsleben environment, many job seekers are discovering their career skills are transferable to settings they never envisioned. Making such a major careerpivot can be both challenging and exciting, and if you understand how to market yourself for the job you want, youll increase your odds ofsuccessfully traveling a nontraditional career path.Embracing Unexpected RolesAs an example of aprofession experiencing this type of role expansion, lets look at social work. There is a growing market for nontraditional or corporate social workersbecause the professional skill sets of social workers can be assets to most businesses.For example, when Pan American Bankdecided to create a financial liter acy program for children and adults in the community, the organization recruited two social work interns to lead the way. After the interns graduated from school, they joined the bank as part-time community outreach coordinators.If youre interested in finding a nontraditional job for your profession, using the right search terms can help. For example,a recent postfrom the USC Suzanne Dworak-Peck online Doctor of Social Work (DSW) program offers some search terms social workers might consider usingwhen hunting for nontraditional career opportunities- Corporate social worker- Corporate social responsibility- Cmployee assistance programUsing such targeted search terms,a social worker could find jobs like- Employee assistance program regional manager with United Airlines- Community outreach and corporate philanthropy manager with Twitter- Equal employment and alternative dispute resolution manager with the US Treasury Department. Learning to Sell Your SkillsYou may find the thought of s tepping into unfamiliar professional territory quite intimidating, especially if youre competing with others who have more experience or education in the field. This is why its important to identify the skills you have that employers need and learn how to sell them.For example,USCs DSW program recommends that social workers who want to work in the business world emphasize the following skillsCollaboration the patience and vision to bring people together with opposing viewpoints, build connections, resolve conflict, and foster healthy relationships.Community Organizing the ability to find commonalities around goals and identify paths to achieve those goals among groups of people.Facilitation the skill to improve engagement among project stakeholders and enhance each employees connection to the overall mission and goals of the organization. Marketing Yourself for the Job You Want For any new graduate, knowing how to market yourself for the job you want is key. A few critical component s of your self-marketing includeInternship Experience While the setting of your internship is important, being able to articulate how an employer could benefit from your internship experiences and accomplishments is even more valuable.Cover Letters and Resumes Make sure these essential documents are up to date and emphasize the experience and skills mostrelevantto the job for which youre applying.Networking Take advantage of every opportunity to make connections with professors, professionals, classmates, and coworkers in your field, since they may be great resources for future employment.Informational Interviews Ask potential employers for informational interviews with people in the organization to expand your network and explore whether the job will be a good fit.Making a career change within your field or outside it can be exciting and productive. By understanding what a potential employer needs,how your unique skill set fits the bill, and how to market yourself, you may be able to embrace career opportunities you never thought possible.Colleen ODay is a digital PR manager for 2U Inc. Find her on TwitterColleenMODay.

Florida LLC Formation Checklist - United States

Florida LLC fassonation Checklist - United StatesFlorida LLC Formation Checklist - United StatesDecide to gestalt an LLCForming an LLC has its advantages, but it can also have some disadvantages. You should look at all the business types and determine which is best for you and your company before you decide to form an LLC. Business Types FAQ LLCs vs. CorporationsChoose a NameWhen naming your LLC, you should make sure That the name has not already been registered in the state of formationWhen you order LawDepots Florida LLC Formation Package, LawDepot will search to see if your name is available for registration with Florida Department of State Division of Corporations. That you follow the LLC naming requirements of the state in which you are forming the LLC Each state has different naming requirements, so be sure to research your states legislation. That the name you choose has not been trademarked You may want to see if your proposed LLC name is available to be trademarked.File Ar ticles of OrganizationTo register your LLC, you must file a document called the Articles of Organization with the Secretary of State in the state in which you want to form the LLC.LawDepot offers a Florida LLC Formation Package. Simply fill out the short form, purchase the package, and LawDepot will create and file your Articles of Organization with the Florida Department of State Division of Corporations. Your LLC should be active within 2-5 business days. Apply for a Federal Employer Identification NumberAn Employer Identification Number (EIN) is a 9 digit unique number assigned by the Internal Revenue Service (IRS) to every organization with paid employees. All new companies that will have employees require an EIN number. Existing companies that are converted to LLCs and that have employees will need a new EIN number.LawDepot offers EIN Application preparation to those who purchase the Florida LLC Formation Package.If you are unable to or choose not to have LawDepot help with the preparation of your EIN Application and you feel up to the challenge, you can fill out form SS-4 (Application for Employer Identification Number) on your own, or file an electronic EIN application with the IRS by clicking hereRegister your Fictitious Name, if applicableA Fictitious Name is a name that a company operates under that is other than its legal name. For example, if an LLCs legal name is Johnson and Meyers Distribution LLC but the company operates under the name Monster Distribution, Monster Distribution is a fictitious name.Any business that does not use its legal name must register a fictitious name. Fictitious names are usually filed at the county level, but in some states they are filed at the state level. Elect to be Taxed as a Corporation (Optional)By default, a multi-member LLC will be taxed like a partnership. However, if you desire, you can elect to have your LLC taxed like a corporation as opposed to a partnership. To do this, file Form 8832 (PDF) with the IRS. Create an Operating AgreementAn LLC Operating Agreement describes the rights and obligations of the members of an LLC in relation to other members and to the LLC itself. LawDepot offers an automated LLC Operating Agreement form.Other StepsOpen a company bank accountApply for local and state occupational licenses, if necessaryRegister to pay local and state taxes, if necessaryIf you wish to carry out business in another jurisdiction, please consult with that states government for additional information.