Archive for the ‘Employment’ Category

05.2
13

Get That Second Job Interview

by como ·

Throughout an economic depression jobs are tough to come by, and job selection interviews are few and far between, so each stage of the job process becomes more key. Initially you deliver your carefully written resume, after which you hope to get an initial interview, but there is no assurance these days. What this means is that you have to make certain your certification for the employment are what are required, and that your resume objective will stand out from the majority of others. The objective of every stage of the employment process is to take you to the next stage, so the objective of the resume is to get you to the initial interview. That very first job interview has the objective of getting you a second interview, and so on. There may or may not be extra job interviews even after this, depending on the organization and the job itself.

So, stage 1 is to get your resume into the job interview stack. Precisely how can you accomplish this? There are a handful of obvious tips here that have to be pointed out. To start with, verify your spelling and grammar, several times. It won’t hurt to have a good friend to examine your resume looking for spelling blunders, or grammatical errors, as it is very easy to miss these your self when you have been looking at the same document for hours. You’d probably be surprised at how many individuals send out resumes with glaringly obvious mis-spellings in them, a certain way to hit the reject stack. Your resume ought to be as accurate as possible. Do not provide any misleading information or something that is incorrect. Extending the truth is not a good idea, and it could easily backfire on you.

Responding with thank you letters is a good way of continuing to keep your name in front of the company staff, and obviously, you can send your thanks after each phase of the interview procedure. This requires writing to each particular person who has interviewed you, and you should make each correspondence personal and a little different to all the others. Now, it used to be that the letters were always sent by mail, but nowadays e-mail are used more often, and it is becoming the more appropriate type of connection. You could always ask the secretary, or the particular person who set up your employment interview just how the company feels about receiving emails, and go from there. Obviously, you must check the spelling and the sentence structure for each thank you correspondence also.

04.20
13

China Became The First Choice For Graduate Employment Overseas

by como ·

With the wave of unemployment in the country suffers , as to the economic development of a good place to look for opportunities , it is more and more U.S. graduates be made. By the financial crisis , U.S. recession this year’s job market , the employment of college graduates face the winter . China spiraling economy, low cost of living to attract these young people come to gold . More importantly , where they have the opportunity to learn as a rookie in the United States not learn something .

Many university graduates or unemployed

“It really is not the ideal time to graduation , every day in the newspaper that the unemployed have been mergers and acquisitions and corporate news . “” I do not know what will happen tomorrow , no sense of security . ” Sam . Fort and Gill Nigeria . Seibert is a Harvard Business School ‘s Master of Business Administration , who is graduating in May of this year , is still running around trying to find work .

Sam . Nyborg said: “I close friends looking for work almost every way of thinking , even those who had received recruiting interest are worried about job opportunities may be lost at any time . ”

Raging global financial crisis led to the 2009 U.S. job market is in a recession , many college students face , ” Graduation is unemployment ” dilemma. According to ” The New York Times “reports , such as the Harvard Business School ‘s MBA graduates of top universities , at least half of previous years, people will enter the rich pay a large investment bank. However, less than before, since last year , major U.S. investment bank to senior employees who had to reluctantly must sell , not to mention the more recruits the .

The Wall Street financial crisis, the loss of at least about 40 000 job opportunities and related industries drag reduction of 13 million jobs . Conducted in April this year against the United States 35 000 850 graduates of the University to conduct a survey , in the fresh graduates , only 19.7% of people found work , and in 2007, this proportion is 51 % .

As the economy continues to worsen , this year the nation’s employers to hire university graduates than in 2008 , down 22% . more than 2 / 3 of the employers that hire new college graduates will be re- assessed , and almost all of the employers that will reduce New employees. According to newspaper reports at Harvard , Harvard Business School has hired professional counselors to help students cope with the psychological pressure of employment anxiety .

Objectives towards Beijing and Shanghai

As the domestic employment situation is grim , the United States graduates have to find another way out , but to China as their first choice of employment . Even those who spoke little or no Chinese graduates , and also to China’s rush . They have been attracted to China’s conditions : the rapid growth of the economy , low living costs, but also avoid some of the first jobs in the United States needs to pay the costs . In such favorable conditions, Beijing , Shanghai and other cities will undoubtedly become the new world of U.S. graduates in finding opportunities .

Headquartered in Beijing, ASIMCO Technology Co., Ltd. to produce auto parts mainly , its founder, Jack . Perkowski came to China in 1994 . He said: “In the past few years, I see a large number of young Americans flocked to China to find work. I came to China are catching up with Americans, the first wave of employment . now China ‘s young people are China is the second time a member of the tide . ”

Stephen is the second wave of a spray . He in 2007 from Wesleyan University, the United States after graduation , decided to go to Shanghai , a summer educational travel company engaged in the work . ” I had no knowledge of China , but they do not know Chinese, the people around me do not understand why I go to China, but I just wanted to do some personal things . ” Two years later, after the non- Beijing Profit sector and large public relations firm ‘s short-term work, Stephen has been able to speak fluent Mandarin and has become a Beijing-based Internet game company manager.

Shanghai partner of McKinsey & Company Worzel since the mid-80s since the last century has been living in China. He said that compared to the past few years , he witnessed more and more young Americans to come to China , competition drive the rapidly growing China business express . He said: ” There are many industries in China are in early stages , especially in the field of energy, young Americans are willing to come to China to meet new challenges. ”

Perkowski in China had previously served 20 years on Wall Street , he believes that many Chinese companies are looking for native speakers of English to help them in the U.S. market. Recently, he set up in Beijing, a commercial bank , although not released any jobs , but received more than 60 copies of resume, in which 1 / 3 is to young people in the United States to work in China .

More favorable conditions of work in China
China has been able to attract more foreign students to work in its booming economy is the primary cause . The global financial crisis , although China has also been some impact, but statistics from the point of view of many , is undoubtedly the best country performance in the world .

Second, foreign students in Chinese enterprises can play to their advantage. 2006 graduate of Salabeiqian . Polman came to Beijing two years ago , she was a very difficult age to find work in the United States – a Beijing Modern Dance Company ‘s program director , responsible for planning the international -type projects and the annual Beijing International Dance Festival .

Polman to get the job not because of her understanding of China , but because she was familiar with Western modern dance . The troupe’s artistic director , said the reason he was hired Polman , because she can become a dance company and the foreign exchange bonds .

Investment in Beijing for many years Perkowski said: ” Many Chinese companies are now a great need native English-speaking employees to help them develop the U.S. market . Meanwhile, Chinese companies tend to hire those familiar with Western society and the cultural identity of people . ”

Low start-up costs to attract foreign students to work in China is one of the reasons . Biology in 2008 after graduation from Harvard , Mixi Mu came to China to learn Chinese . Later, he founded a consulting firm studying for those preparing to study in the United States to provide advisory services to Chinese students . He said: “The start-up costs in China, lower than the United States . ” founded the company spent part of his savings , about 1.2 million.

Many young Americans said they have jobs to China for promotion considerations. Working in China often than in their home countries across the 1-2 , which is very attractive terms . “Think of the unemployed in the United States could face the danger , in China there is a good opportunity. ” Polman said: “There is no doubt that China is a good place for your career . back to the U.S. , I may only be held in the company Interns or at Lincoln Center tickets . ”

Related News

China attracted a large number of “foreign workers ”

Blatter, a former economics and management in 2005 was graduated from the United States to China. Quite interested in Chinese culture while working his side to learn Chinese . At that time, he set a goal for himself , working only temporary, he set up in China, a their own businesses.

Blatter usually very fond of fitness , in early 2007 , he found the Chinese market opportunities in many high-end fitness and decided to open a professional fitness center.

With the goal of starting operations after , he began to find their Chinese counterparts consulting, doing market research, targeted group … … a busy 3 months , was finally ready to complete the application for registration materials . August 2007 , he and a friend put the fitness center to do , finally opened in a high-end cell in a .

Blatter on the entrepreneurial road the past two years are satisfied . Now, he plans to open two stores .

French Linna to work in Shanghai five years , her career is the investment adviser . At first, she just wanted to come to China to study Chinese language and culture, two years after the return , did not expect this to be a wish to leave . Her change of mind is ever-changing Shanghai urban construction and economic development , ” Changes in Shanghai is fast. every day I live here full of vitality . ”

Affected by Linna , around some of her friends have fought in the Chinese venture , some of them have a successful career, while others settled in China .

Blatter and Linna such as working hard for years in China, “foreign workers “There are many . They rely on their own efforts gradually embarked on the road of entrepreneurship in China . On the future development , Blatter expressed great confidence , because ” the Chinese market is huge . ”

As China’s rapid economic development , the work of foreigners come to China every year. According to statistics, currently , there are more than 10 million foreigners working in China . They are mainly from Japan, Korea, Singapore, the United States and European countries , mostly located in Shanghai, Beijing , Guangdong, Jiangsu, Zhejiang and other places , in technology, management and so on.

04.8
13

How Will Bankruptcy Affect Employment Opportunities

by como ·

Can an employer choose not to hire you based on a bankruptcy filing? While you should certainly be sure you contact an attorney before filing Chapter 7 or chapter 13 bankruptcy, here is a concise overview.

No. Based on the Bankruptcy Act and Fair Credit Reporting Act, it is illegal for an employer not to hire you based on a past bankruptcy. However, many companies do pull a credit report in the later stages of the hiring process, and may use the information found there as part of their final decision. This is especially likely if you are applying for a job that can affect the company financially (accounting, payroll, etc.). While a bankruptcy alone is unlikely to prevent you from getting a job, poor credit preceding bankruptcy may be used as a determining factor that sets another candidate just a little bit ahead of you and helps the hiring company make a final decision to go with someone else.

How to Avoid This:

Honesty is the best policy: Before a company can pull your credit report, they need your permission. When presented with the waiver, ask the specifics of the background check. Will a credit report be included? If so, you should mention what a potential employer is likely to find there – late payments, past bankruptcy filing, etc.

Go on the offensive: Give your potential employer a brief explanation of your bankruptcy situation. Explain the extenuating circumstances that brought you to bankruptcy (illness, loss of employment due to current economic conditions, divorce, etc.) and what you have done to rectify the situation since. You don’t need to go into great detail, just acknowledge the bankruptcy and leave the employer knowing that you take it seriously and are on the right track again.

Redirect: If appropriate, follow up the explanation of your bankruptcy with an example of how you learned from it and how that lesson can help you in the potential job. Or, redirect the conversation to one of your much strength that makes you a perfect candidate for the position.

Focus on the positive: If you have reached the credit reporting stage of the interview, you are most likely being seriously considered for the position. Remind your potential employer why you are a great fit for the open position, regardless of your personal credit history.

Finding employment after bankruptcy can be quite a challenge! Applicants applying for work in banking, retail merchandising, government, security, and outside sales have always been routinely screened by prospective employers to verify clean credit records, clear criminal background checks, and negative drug tests. However in recent years, extensive screening, including credit checks, has become the norm for increasingly more occupations. An individual may possess all of the qualifications, but if a Chapter 7 or 13 proceeding appears on the credit report, they may be denied the job. The Fair Credit Reporting Act requires consumer reporting agencies to divulge information (good or bad) about job applicants to business owners requesting it. Since Chapter 7 and 13 bankruptcies remain on a consumer’s report for as much as ten years, debtors with blemished financial records face real obstacles when seeking employment after bankruptcy. The best recourse is to inform interviewers regarding any discrepancies that might be found in credit reports or background checks before they discover them. Fortunately, some companies realize that bad things do happen to good people. They may choose to overlook negative financial histories and hire a bankrupt individual based on past work performance, experience, and professional qualifications.

03.26
13

Good Employment Prospects For Nursing Degree Holders, Guardian Reports

by como ·

The Guardian newspaper has reported that in 2009 almost 85% of nursing degree graduates found full-time employment, with 94% of those finding jobs as healthcare professionals.

Just over 74% of those nursing degree graduates working in healthcare went straight into nursing, while the rest took other roles supporting the delivery of healthcare, according to the report.

Of the nursing degree graduates who did not enter full-time employment: some opted for extra study, whilst others combined further study with work. Only 1.7 % remained unemployed.

Journalist Angela Foster wrote: Work placements give an insight into what it is like to work in a busy department and the skills needed. And a degree rather than a diploma puts you a step ahead on the employment ladder.

With this apparently high level of employability, particularly in the current economic climate, enrolling on a nursing degree has become an attractive option for many.

Margaret Holbrough, a careers adviser with Graduate Prospects, said:”Nursing graduates are trained to work within the health sector and other related environments with all types of patient, but often specialise in caring for particular types of patient, such as adults, children or people with mental health or learning disabilities.”

In addition to good career prospects, nursing degree students also benefit from a government funded bursary to help them meet the cost of studying.

The University of Southampton is just one higher education institution that is routinely flooded with applications to study for a nursing degree. It was the first university in the country to win accreditation for its Bachelor of Nursing, or BN, nursing degree courses in 2011.

Southamptons employability rates for nursing degree graduates in 2009 were an impressive 8% better than the average national statistic of 85% reported in the Guardian.

03.14
13

BCC Chief Warns New Corporate Pension Rules Could Harm UK Employment

by como ·

The head of the British Chamber of Commerce has warned the Government that the latest corporate pension laws could seriously damage employment prospects in the UK

David Frost, Director General of the BCC, says the new laws, that were passed by the Labour government at the beginning of the year, make for a -complex web of regulations- that bear little resemblance to the original proposals announced in 2006.

Furthermore, Frost claimed that, in the face of so many on-going changes to employment law in Britain, many employers would hold back from recruiting more staff unless the legislation became simpler to understand.

As part of the new legislation, from 2010, employers will have to automatically enrol their staff onto a workplace pension scheme, and be re-enrolled every three years, unless the employee specifically opts-out of it.

In a report published this week by the BCC responding to a Government review, Mr Frost said: -There is a whole raft of changes and employment legislation coming through between now and 2014. At a time when we’re trying to grow the economy, this could dampen demand for jobs in the UK.

-Employers are worried about getting it wrong and then ending up in an employment tribunal.-

The BCC report makes a number of recommendations to the Government in order to simplify the new regulations. For example, the report suggests that employees should not be enrolled onto automatic pension schemes until after their 13th week of employment.

Mr Frost said: -It is absolutely right that we encourage people to save more for retirement. But doing so after 13 weeks would allow for staff turnover or any other changes that go on during the first few months.-

For more information visit employment solicitors http://www.trethowans.com/business_services/employment_hr.asp

Ref: TEL-HS-06910

02.17
13

Ethical Behaviour Risk Factors Lessons From Emilio Botin Abbey Santander 2009

by como ·

Some of the factors that increase the risk of unethical behaviour in organisations are illustrated by the high-profile legal case Chagger v Abbey National plc & Hopkins (2006), in which the Employment Tribunal made a finding of unlawful racial discrimination and (further to Emilio Botin Abbey Santander banking group’s refusal to comply with the Tribunal’s order to reinstate Mr Chagger) ordered Abbey Banco Santander share to pay Mr Chagger the record-breaking 2.8 million compensation for his loss. Abbey Santander share price (the UK bank soon to be re-branded as Santander banking group, and part of the global Emilio Botin Banco Santander Central Hispano Group – BSCH) dismissed Mr Chagger from his employment in 2006, giving a fair redundancy as the reason. However, Mr Chagger believed that the actual reason behind the termination of his employment was unfairness and race discrimination. Mr Chagger was of Indian origin. He worked for Emilio Botin Abbey Santander finance as a Trading Risk Controller, earning about 100,000 a year, and reporting into Nigel Hopkins.

Some ethical behaviour risk factors illustrated by Emilio Botin Abbey Santander 2009 clearly relate to the pursuit of personal goals; the Employment Tribunal found that Mr Hopkins personally desired Mr Chagger’s employment with Abbey Santander share price to be terminated, had pre-planned that Mr Chagger would be dismissed, and had used the compulsory redundancy process as a means to dismiss Mr Chagger, in an unfair and discriminatory manner.

One such factor increasing the risk of unethical behaviour is the amount of discretion an organisation allows its officers; the greater the discretion allowed, the greater the opportunity the officer has for acting in his personal interests. The Employment Tribunal found that the redundancy selection criteria Abbey Santander had permitted Mr Hopkins to apply in assessing and judging the two employees up for redundancy were highly subjective and un-measurable; they afforded Mr Hopkins a very wide discretion. The Employment Tribunal criticised Mr Hopkins for the way in which he had applied that discretion (i.e., for his own interests). As an example, Mr Hopkins had criticised and scored Mr Chagger lower for getting on with work and being self-reliant. The Employment Tribunal thought that other reasonable managers would consider such qualities to be valuable assets, considering Mr Chagger’s highly paid and highly responsible job, and praise and score him highly for. As a further example, during the redundancy process, Mr Hopkins had criticised Mr Chagger on numerous points that Mr Chagger had never been criticised for prior to the redundancy exercise. All the criticisms were inconsistent with previous company records of Mr Chagger’s performance. The Employment Tribunal ruled that the criticisms were unfair not legitimate.

Another such factor increasing the risk of unethical behaviour is the level of autonomy of decision-making and action an organisation allows its officers; the greater the level of autonomy, the greater the opportunity the officer has for acting in his personal interests. The Tribunal found that Mr Hopkins was entirely single-handedly able to advise Abbey’s management to dismiss one of the two Trading Risk Controllers that he managed (of which Mr Chagger was one), was entirely single-handedly able to make Mr Chagger an offer of voluntary redundancy (Mr Chagger refused the offer, and never was an equivalent offer ever made to the other Trading Risk Controller), was entirely single-handedly able to judge and score the two employees up for redundancy, and was entirely single-handedly able to lower Mr Chagger’s redundancy scores to guarantee that he would be the one who would be selected for dismissal.

A different type of factor also increasing the risk of unethical behaviour is the organisation’s focus; a focus on results rather than processes can imply that the ends justify the means. The UK statutory Code of Practice on Racial Policy in Employment provides organisations with guidance concerning good practices and processes. The Employment Tribunal found that Abbey Banco Santander had failed to comply with those processes. Abbey Grupo Santander had failed to comply with the statutory guidance regarding Equal Opportunity training. Mr Chagger had tried to resolve the issues of unfairness and race discrimination around his dismissal directly with Abbey Santander and Mr Hopkins, through the company’s grievance procedures. Santander Abbey had not provided any Equal Opportunity training to any of the managers it had assigned to decide on Mr Chagger’s issues. Not even one manager upheld Mr Chagger’s issues; his issues were simply dismissed out of hand. Emilio Botin Abbey Santander banking group had also failed to comply with the statutory guidance concerning monitoring procedures. The Tribunal found a multitude of monitoring failures (far too many to outline here), as well as the failures to give serious consideration to allegations of racial discrimination and to investigate them promptly.

In 2008, Emilio Botin Abbey Santander and Mr Hopkins appealed to the Employment Appeal Tribunal (EAT) against the original Employment Tribunal’s ruling of racial discrimination; the EAT upheld the original Tribunal’s ruling that both Emilio Botin Abbey Santander and Mr Hopkins had racially discriminated against Mr Chagger. Emilio Botin Abbey Santander and Mr Hopkins had also appealed against the record-breaking 2.8 million compensation award; the EAT accepted Abbey Santander’s appeal on the compensation award and remitted it to the original Tribunal for reconsideration. In 2009, matters were escalated to the Court of Appeal (the second highest court in the UK). The Court’s List of Hearings showed that the case was heard on 7 and 8 July 2009. The Court’s records of the hearing were not available at the time of writing this article. The 11KBW set of barristers’ chambers, who represented Emilio Botin Abbey Santander and Mr Hopkins, had reported prior to the hearing that the it was to be about quantum only (i.e., compensation) and not about liability (i.e., not about the wrong committed of race discrimination). That would seem to suggest that the wrong of race discrimination committed by Emilio Botin Abbey Santander and Nigel Hopkins was finalised by the EAT when it upheld that Emilio Botin Abbey Santander and Mr Hopkins had racially discriminated against Mr Chagger, and that Mr Chagger had appealed against the EAT’s ruling to send the compensation award back to the Employment Tribunal stage for reconsideration.

02.5
13

Microsoft Office Test An Essential Pre-employment Testing Method

by como ·

Computers have turned out to be very important in every office, and computer technology happens to be more essential now than forever before. Software applications like Microsoft office could boost the efficiency of the employees and the whole business all together. Employees could make use of it to make a business plan, marketing material, a letterhead, a sales brochure, profit-loss ledger, and many more. This software application has reduced the pressure for many workers as it has permitted completion of everyday jobs in a more faster and accurate way. These days, Microsoft office has turned out to be more than just a benefit that an employee could finish. Its main role in retaining high output has made it an essential skill. Thus, if a job explanation requires use or even just few awareness with these applications, it is very essential to confirm that your job candidates has the talents necessary to carry out the work. One of the proven methods to objectively decide computer talents is to carry out a Microsoft office test.

Even though Microsoft has their own certification course, they generally charge heavy fees to persons. Office test for pre employment hiring reasons are accessible through skilled providers like Employment Skills online test. A Microsoft Office test is generally a multiple choice or an interactive test that would determine precisely what a prospective job aspirant knows and does not know. Interactive Microsoft office tests are generally simulation type where aspirants are asked to do specific tasks using menus, tool bars, shortcut keys, et cetera. These tests come as PowerPoint, Microsoft Word, FrontPage, Outlook and Excel exams.

You could choose one or else a combination of Microsoft Office tests, depending on your office’s requirements. They as well come in different versions; if your company presently uses the 2010, 2002 or 2007 versions, you could find a test that will best suit your present requirements. Microsoft Office Test as well come in different levels, generally in beginner, advanced or intermediate levels. You could choose from these stages depending on what is necessary by the job in sight. If the work needs preparation of business reports and proposals reports, you may want to perform not less than an intermediary level to higher level to guarantee high output.

01.24
13

Fighting Breach of Employment Contract by Employer

by como ·

Does a contract outline the terms and conditions of your employment? An employment contract is a good way to avoid legal disputes between the employer and the employee. Whether it is a verbal or a written one, there is no guarantee that there would be no breach. If this happens, you need a consultation with an employment lawyer.

How does an employment contract benefit an employee? This agreement provides in specific terms what the employer expects from an employee. This helps you to understand the way things work, and the way you need to conduct yourself.

How does the contract benefit an employer? The employer may use this as a tool to safeguard company information, especially the confidential things the employee learns during their job tenure.

Why is it better to get this in writing? Most Florida workers are at will’ and there are no written contracts outlining the terms and conditions of employment. Getting a contract in place is good for employers as well as employees.

Moreover, if these provide alterative dispute resolution tactics, it may also lessen the chances of litigation. If the agreement lists the possible circumstances under which you may face termination, and your termination does fall in these classifications, you may not be eligible for filing a wrongful termination complaint.

What should you do if you suspect a breach of contract? The first thing to do is find a competent Fort Myers employment lawyer. Why is this so important? Just a suspicion of this breach is not enough, you need a legal practitioner to analyze the terms in the contract and ascertain whether the employer’s conduct is a breach or not.

Suppose you face a termination from job. If your employment contract prohibits termination before a certain period, this may be a breach. However, only a lawyer can analyze your contract and assess whether it is so.

If you do have adequate evidence to establish this breach, you may file a case at a court of law. Your employment lawyer can handle the necessary filing and the ensuing court proceedings.

What are the possible remedies available? It depends on the exact circumstances of your case. However, there are two possible solutions:

*The court may order performance as per the contract clauses *The court may order monetary damages including legal costs

The most important thing to do is find a good lawyer to know for sure whether there was a breach before you decide to file a case against your employer.

01.11
13

Employment Law – The Enforceability Of Post Employment Restraints Of Trade (vic.)

by como ·

Employing highly intelligent and highly qualified employees in a range of sophisticated commercial businesses is a risky business for employers.

To acquire competitive business advantage in an increasingly globalized and networked world of pharmaceuticals, genetics, telecommunications, power supply and information technology requires the employment of highly qualified, well educated, experienced and clever employees.

Potential employers and employees are both well advised to seek legal assistance when drafting or accepting terms of employment. Due to the seniority of these employees, their employment contracts are less likely to be workplace agreements but more likely to be private , one-off, contracts of employment.

Often, employees in the pharmaceuticals, genetics, telecommunications, power supply and information technology industries will have access to secret and confidential information which is both price and market-sensitive. This information might be chemical formulae, scientific and technological data, chemical, electrical or manufacturing trade processes, hardware or software engineering designs, or a range of other sophisticated technological and scientific information. The potential employee will need access to this information to perform his or her anticipated role. When the employment relationship ends, however, the employer is faced with a double problem. First, the employee is leaving. Whether the departure is voluntary or involuntary, it will be an inconvenience and a disruption to the employer. Secondly, and more importantly long term, the departing employee will take with him or her, knowledge of the secret and confidential information which may be the very basis of the employer’s competitive advantage in a particular industry or market.

To minimise this long term disruption, employers often include restraint of trade clauses in employment contracts when employing people in these sensitive areas. Commonly, the restraint of trade will prevent the former employee from seeking employment with any competitor of the former employer in the particular market for a period of time.

In current times, where there is a shortage of trained staff, particularly in scientific and technological areas, the reason why an employee departs is generally because he or she has received a better offer from a competitor.
In deciding whether or not to enforce the restraint of trade clause against a departing employee, Victorian courts have to balance a number of competing factors.

First, neither Australian nor Victorian general law will restrain a former employee from seeking employment with a competitor. Any such restraint must be found in an enforceable clause in the contract of employment with the former employer. Employers, therefore, should always ensure that staff are employed pursuant to written contracts of employment which contain enforceable restraints of trade.

Secondly, Victorian courts will not allow employers to prevent former employees from conducting a living by practising the skills which may have taken many years to acquire through university courses or practical experience. However, this is only a general rule or starting point.

Thirdly, Victorian courts will not allow former employees to obtain an unfair springboard into a new career by abusing the trust of the former employer. Examples are where employees spend an entire weekend photocopying price lists, formulae, client contact details and other confidential information and then resign the following Monday morning to set up a competitive business the following Tuesday morning.

Essentially, Victorian courts perform a balancing act between the competing interests of the employee to be able to continue to gain a living on the one hand and the employer’s interests of being able to reasonably prevent the disclosure of confidential and secret trade-sensitive information to competitors when the employment relationship ceases.

The sorts of factors courts have taken into account are as follows. First, Victorian courts will look to see whether the restraint of trade is reasonable or is too restrictive. Any restraint which tries to prevent an employee from working not only in the particular business of the former employer but any other associated or ancillary business is likely to be struck down. Likewise, a restraint which seeks to prevent an employee from working for an excessively lengthy period (generally more than 12 months) is also highly likely to be struck down and declared unenforceable. To overcome these problems, lawyers draft restraint of trade clauses to have a “waterfall” effect. The clause contains a number of alternatives, for example, starting from a very wide restraint and then proceeding to an increasingly narrow restraint in terms of future employment activities or in terms of length of time. Each one of the alternatives is severable from the contract if declared unenforceable by a court. Accordingly, a court might reject a restraint which provided for former employee X not to be employed in any pharmaceutical industry within South East Asia including Australia. The court, on the other hand, may be prepared to enforce a restraint which prevented employee X from being employed in the field of molecular genetic artificial-blood technology in either Melbourne or in Sydney for a period of one year. Such a restraint is far more precise and reasonably protects the former employer’s confidential information whilst allowing the employee to seek employment in the general field of molecular genetics.

A court must also be satisfied that an employer’s fears are genuine. For instance, is the information really secret and confidential? If the information is only knowledge which an employee would obtain through the repetitive working of his or her ordinary job, courts are less likely to regard this as secret or confidential information. Other sorts of information which are publicly available (even such as client contact details and price lists) may also not qualify. If there is no secret or confidential information, then there can be no restraint of trade.

Courts will also look to see whether the employee was specifically compensated for the restraint when first employed. If an employee received a specific additional sum as a hiring incentive for a longer than normal restraint of trade, courts are more likely to be persuaded that the restraint, when ultimately applied, is reasonable. The employee has accepted the restraint when first employed and has received a specific benefit for it.

Another factor which courts will examine is the seniority of the former employee. The more senior, the more likely it may be that the now departed employee may be capable of encouraging other staff to follow him or her and more capable of influencing former clients to switch allegiance. Alternatively, if the former employee was not employed in a managerial position and was only employed at either a junior or specific technical level, courts may be less worried about wholesale client or staff defections which would need to be prevented by the restraint of trade clause.

Until recently, courts seemed reluctant to enforce restraints of trade for more than 3-6 months. However, recent New South Wales Supreme Court authorities seem to be swinging the pendulum back in favour of employers where the balancing exercise outlined above suggests that the restraint of trade does need to be enforced to reasonably protect the former employer’s market and confidential information interests. For instance, Brereton, J., in John Fairfax Publications Pty Ltd v. Bert & Ors [2006] N.S.W.S.C. 995 upheld a restraint of trade for 12 months in relation to a former employee who had been employed at a senior level. The same judge, in Cactus Imaging Pty Ltd v. Peters [2006] N.S.W.S.C. 17 (18 July 2006) also enforced a restraint of trade for 12 months in a situation where the former employee operated in a restrictive market or oligopoly.

This is a complex area of law. Contracts of employment generally and restraints of trade particularly need to be carefully drafted to have their intended legal effect.

Employers and employees need to be carefully advised on the range of tactics available in post employment scenarios.

12.18
12

Employment Agency in New Jersey … Link Between Employees And Employers!

by como ·

If you are looking for a job in New Jersey, then the best way to go about it is to get in touch with an employment agency in New Jersey or recruitment consultants in New Jersey as soon as possible!

What Is an Employment Agency?

An employment agency New Jersey, like many other agencies, bridges the distance between employees and employers. An employment agency would help in getting your skills noticed by the employers. An employment agency in New Jersey, for example, would match your skill set with the needs of a particular employer. If you suit the criteria, then the agency will arrange for a personal meeting.

How Do These Agencies Work

Many agencies have specific areas that they target. For example, some agencies specialize in specific industries such as health care, information technology, accounting, or executive assistance. There is also another kind of employment agency known as an executive-search firm that specializes in providing employment at the executive level. All agencies have a database of workers classified according to their skills. When an employer posts a vacancy with the agency, it decides on the suitable candidate for the vacancy and arranges a meeting. Some agencies also provide training in preparing a resume, interview, and presentation-making skills.

What Is A Recruitment Consultant?

You can also contact a recruitment consultant in New Jersey for your job needs. The job profile of the consultant is almost the same; that is, they also match the skills of a candidate with those required by a specific organization. While an employment agency typically works with individuals, a recruitment consultant works with organizations. A recruitment consultant works by understand the needs of the human resources department of a company, and then searching for appropriate candidates. A consultant can also look for a candidate through head-hunters, networking and referrals. Once some candidates are selected, then begins the screening process, interviews, and background checks. They also have the responsibility of building relationships between the employee and the employer in addition to understanding the needs of the recruiter. A recruitment consultant in New Jersey or any other part of the world would also help you in negotiating salary, training needs and career growth and opportunities.

Some companies perform both functions, that of employment agency and recruitment consultant New Jersey. It doesn’t matter if you are looking for a temp job, a part-time job or full-time job, an employment agency in New Jersey can help you find what you are looking for.

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