As for the wok that is insured it is the most work in Canada. You can’t be insured if you work for government of a province or foreign country, if you work for a family member (still in some cases it is possible to get EI in this situation), if you are a large shareholder of a company you work in, if you are employed on an entirely casual basis. Generally the qualifying period is set at 52 weeks from your last claim, in case you miss hours due to illness, injury, education, or incarceration, the period will be extended. If you were fired from your job for misconduct or left the job for no reason you won’t get EI. But if you lost your job for a reason beyond your control you can apply for insurance, it also provides possibilities to qualify for maternity, child care, compassionate care, and sick leave benefits. When you apply for EI be sure to present Record of Employment (ROE) from your last employer, it will show the reason why your employment ceased.

After you have received EI there is a number of limitations and rules that you must follow. You receive payment only for days when you are available for work (no holidays etc.) and you are obligated to look for work while unemployed. If you refuse to look for work or accept an offer of suitable Canadian employment the payments will be ceased. As an example of not suitable work: if the offered work is in your field but has a lower wage or under less favorable conditions it can be considered not suitable. HRSDC also provides certain programs that must be attended, if you fail to visit the meetings the payments will be ceased.

As in any civilized country in Canada you can make an appeal if you disagree with determination made under the Act. You need to make an appeal to the Board of Referees within 30 days. An appeal can be made if the Board’s decision was contrary to the principles of natural justice, if it was based on an error of Canadian law, or made on the basis of incorrect and contrary facts. It is always useful to consult a labor and employment lawyer before making an appeal. If the decision of the Board of Referees does not satisfy you, you can appeal to Federal Court Judge within 60 days.

 

On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.

 

If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women’s rights lawyer or an employment attorney as soon as possible.

 

If you are a woman and you’ve been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.

 

Prior to the Act becoming law, as a result of a Supreme Court ruling, 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.

 

The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.

 

With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.

 

Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don’t understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.

 

Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.

 

Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work

 

The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won’t come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women’s vote.

 

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.

It is very frustrating when you purchase an unsafe or defective product. Today such cases are mostly solved in stores, by replacing the defective product. Still if the problem remains unresolved it is the best time to take legal action, but before doing it, it’s better to prepare the lawsuit carefully. You need to be aware that in some cases the manufacturer or the seller will try to prove that you knew about the defect but continued to use the device anyway. Sometimes the manufacturer or seller simply doesn’t want to replace the product for financial reasons, sometimes because the defective product is ruining the reputation of the company or the product. Still there are a number of companies that provide additional warranties as a part of its consumer policy.

The main advantage of any consumer laws is that you can unite your claim with similar claims in the whole country, province or your area and turn it into a class action lawsuit. A good base for a lawsuit is injury caused by the defective product, in this case the court will most definitely award money to the injured person if they agree that the manufacturer or seller negligently sold a defective product. The rules regarding consumer claims are different in every province. Mostly the limit for a small claim in Canada is set at twenty thousand dollars. Small claims also do not require a lawyer, but there is a consumer lawyer that can always assist you in the case. For lawsuits with large compensations the lawyer becomes necessary. In case of large lawsuits it is sometimes too expensive for one person to handle and in this case the class action lawsuit is the best solution. All the expenses will be divided between people who file a large lawsuit together. The rewards will be divided too. And as in many other types of claims be sure to do one important thing before you file the claim, be sure to discuss it with your lawyer.