勞資糾紛相關案例分享
▲蘇狀師談娛樂法(員工遭歧視而訟爭)

CBS Sued for Allegedly Discriminating Against Mexican Employee CBS被其前美裔墨西哥員工控告遭歧視 The former staffer is a Mexican citizen with permanent resident status in the U.S. 前員工係一位擁有美國永久居留權之墨西哥公民 A former CBS employee claims that she was discriminated against because she's a Mexican citizen and fired in retaliation for complaining about it, according to a lawsuit filed Monday in New York federal court. 前CBS員工星期一在紐約聯邦法院起訴,控告其遭歧視,肇因其因係墨西哥公民而被報復開除。 "The essence of Ms. Solache's claim is that Defendant treated her differently from other employees, underpaid her because of her national origin, failed to give her a title or salary commensurate with her position and responsibilities, and, when Ms. Solache questioned the manner in which she was being treated, Defendants retaliated against her by manufacturing a pretext for its termination of Ms. Solache's employment," states the complaint.  Ms.Solache起訴主軸是因其源生母國之故,而受到與其他員工不一樣之對待與薪資,未給付與其職務及責任對稱之報酬,當Ms.Solache向被告質疑其被對待之方式,   Maria Solache began working at CBS in December 2014 as a director of international treasury, according to the complaint, and was paid $150,000 a year. Her responsibilities included overseeing foreign trading and international bank accounts, tracking global economic market conditions and supporting international finance teams.  Solache says the Department of Labor notified CBS that the prevailing wage for her role was more than 40 percent higher than she was being paid. The company increased her salary to $227,000, but lowered it again when it "was confident that the eyes of DOL were no longer upon it." After she complained about her title and salary not being commensurate with her peers, Solache says she was terminated for insubordination allegedly in connection with making a trade without approval.  CBS has not replied to a request for a comment in response to the complaint, which is posted below. 

職災案件,經律師協助獲得賠償

當事人張○○於新建工程工地墜落導致半身癱瘓,經律師協助勞工局調解及法院訴訟程序,最終大包及中包業主及小包直接雇主均賠償。

請求職業災害補償獲得勝訴判決

案件概況 本件我方當事人於下班途中,遭另一闖紅燈之車輛撞擊而受傷,因公司未按規定幫當事人投保勞健保,又對應該給付我方當事人的職業災害補償百般推託,當事人於是對公司提出給付職業災害補償之訴訟。 案件過程 員工因為上班及下班,從日常居住處所到工作場所之間,在適當的時間內以適當的交通方法,在應經途中所發生的事故,如果不是出於勞工私人行為而違反法令者,應屬職業災害。 在調解的過程中,公司方質疑我方當事人所發生的事故不是職業災害,卻又未於開庭時提出任何的證據來證明公司方的主張。 故法院最終判決公司應給付我方當事人因事故所導致無法上班的薪資補償,以及所花費的醫療費用。   若有相關問題欲尋求協助,歡迎來電台南柏鈺法律事務所(06-2526732#12,邱霈云律師)預約諮詢,將有專業律師協助您解決法律問題,保障您的權益。 諮詢電話:06-2526732 分機12 E-Mail:491600491@gapp.fju.edu.tw LINE ID:@935pfzkm((歡迎加Line,可免費簡易程序上諮詢)