Understanding Wrongful Termination Law

There is no getting around the fact that Arizona employment laws are generally quite friendly to employers when it comes to a question of wrongful termination. Many Arizona employment lawyers frequently recount the truism that an employee may be filed for a good reason or for no reason whatsoever, as long as he isn’t fired for a bad reason.

The bad reasons are what keep plaintiffs’ attorneys in business. Although every case is different and recently terminated employees should consult with an employment attorney to discuss the specific circumstances of their case, unlawful reasons for terminating an employee include termination decisions based on the race, sex, religion or age of the employee.

Arizona also has a statute prohibiting termination as retaliation for reporting a violation of an Arizona statute. There are many other similar state and federal laws that preclude termination in retaliation for an employee’s lawful reporting of the employer’s actual or suspected violation of the relevant law. These retaliation statutes may create liability where the employer wasn’t even guilty of the underlying offense, so employers should be very careful about making a decision to terminate an employee who has complained of or reported any sort of discrimination, safety violation, or other legal issue. Arizona employers who believe they need to fire such an employee should consult with an Arizona employment lawyer first.

Employees who believe they have valid wrongful termination claims should seek the advice of an Arizona employment attorney as soon as possible, because the statutes of limitation pertaining to both state and federal law violations are relatively short, and the failure to file a complaint in Court or with the appropriate administrative agency is usually fatal to a wrongfully terminated employee’s claim.

An Arizona employment lawyer will also be able to help the terminated employee understand his or her obligations and rights. Among other things, terminated employees must mitigate their damages by seeking replacement employment. Where an employer is liable, the employee will normally be entitled to recover lost wages and other damages directly related to the termination.

The Whistleblower Protection Law

It was not until 1986 when a law protecting whistleblowers is made. Congress added an anti-retaliation protection to the then existing False Claims Act.

A whistleblower is a person who tells on something he believes is an illegal act. The employees are the most commonly known whistleblower. They tell on their employers which they suspect is doing or committing an illegal act.

Under the Whistleblower Protection Law, the employee should not be discharged, denoted, suspended, threatened or harassed in any form that discriminates the terms and conditions of his employment because of the legal act done by the employee.

The employee may be of aid in many ways possible on the investigation, testimony and the likes. However there are some constraints under the whistleblower protection law.

Reporting illegal acts that are only within the company is a ground for exemption. But still there may be public policies that could protect the employee from retaliation

If it turns out that an employer didn’t actually break a law, the employee is still entitled to whistle blower protection from retaliation, if he reasonably believed that the employer committed an illegal act.

The whistleblower protection law does not cover employer retaliation for complaints about personal loathe. Office politics is not to be used as a basis for filing a complaint against the employer and use the whistleblower protection for personal gain.

In order for the employee to be protected from employer retaliation, he may the have a suspected desecration of any Federal Law. But the supposed violation should have provisions that the law violated will protect whistleblowers.

The Whistleblower Federal Law, unlike the False Claims Act, allows the whistleblower to file a lawsuit in a federal court. The Federal Whistleblower Law does not permit the whistleblower to go directly to the court.

The individuals concerned are pursued administratively. These individuals concerned could file a complaint or charge to retaliate with or without a lawyer to represent them. However if the case is not resolved immediately, the administrative law judge may then preside over the only evidentiary hearing that may take place.

A whistleblower should not attempt to delay an investigation of the possible legal remedy. To maintain this ruling, the retaliation should then be brought to the attention of an appropriate government official within 30 days, else the complaint could not be pursued.

Most states have some sort of statutory or common law “whistleblower” or anti-retaliation laws. Like the federal whistleblower laws, not every lawyer will know about these laws, especially laws outside their own state.

These states and the District of Columbia have recognized a public policy exception to the “employment at will doctrine”: Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.

Some states have explicit statutory protections for whistleblowers. These include: California, Connecticut, Delaware, Florida, Hawaii, Louisiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oregon, Rhode Island, Tennessee, and Washington.

There are also state laws that offer special protections just for their own state or local government employees: Alaska, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nevada, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Washington, West Virginia and Wisconsin.

Some Reasons Why You Should Consider Training As A Court Reporter

There are several names by which those in this occupation are sometimes called. They can be known as voice writers, stenotype reporters or transcribers. The court reporter creates an accurate transcription of official proceedings. These transcriptions are used for future reference and for research purposes. This job requires a very high level of accuracy and attention to detail. People in this occupation are often highly intelligent and multilingual.

Stenographic reporting is the most common method. The operator use a stenotype machine and is able to press multiple keys at a time to represent sounds, phrases and words. Modern technology allows for the machine to be linked to a computer system that translates the shorthand from the stenotype machine into text that appears instantly on the computer screen.

Another popular method is electronic reporting. The transcriber uses audio equipment to record the proceedings. Apart from overseeing the proper operation of the equipment, he also takes notes aimed at clarification and identification of the speakers. The recording is then later transcribed. The main disadvantage of this method is that the records of the proceedings are not available immediately.

One of the most technologically advanced methods is voice writing. The reporter speaks into a voice silencer that ensures that the proceedings are not disrupted. All testimony is repeated into a hand held mask that houses a microphone. Gestures and emotional reactions are also recorded, requiring a high degree of skill. Speech recognition systems are sometimes used to provide an instant real time transcript.

This occupation is not limited to courtroom work. While these services are of immense value to the judiciary, transcribers are also in high demand for the recording of depositions, arbitration hearings and many other meetings where an exact record of the proceedings is required. Some earn a extra income from the sale of their transcriptions for study and research purposes. Many also earn an income from recording speeches and lectures.

There is more to this occupation than just he actual recording of proceedings. Voice writers and stenotype reporters have to create and maintain the computer dictionaries that are used to translate the keystrokes or voice into text. It is sometimes even necessary to customize the dictionaries for proceedings where specialized terminology will be used. Other tasks include the editing of transcriptions for grammar and spelling errors.

In order to qualify for this type of work intensive training in English and business law is necessary. There is also a high emphasis on legal and medical language. Training is offered by most business schools, and some colleges and universities. Examinations involve both theoretical tests and practical assessments. Qualified reporters are required to perform transcriptions at approximately two hundred and fifty words per minute.

To become a court reporter it is necessary to be highly organized, precise and disciplined. Most members of this profession earn a good income, they are highly regarded and their services are sought after. Many disputes and potential misunderstandings have been avoided or solved because of the existence of accurate records of proceedings.