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Offshoring Related Questions

What is Offshoring?

Offshoring is relocation by a company of a business from one country to another, normally an operational process, like manufacturing. Often time’s offshoring is compared with outsourcing or offshore outsourcing. Read below where Experts have provided fast and easy to understand legal answers to questions referring to offshoring.

When working offshore if an employee got hurt on the job and didn’t report it within the 30 days and the employer refuses to pay for long term disability, what can the employee do?

Even though they didn’t report the injury within the allowed 30 days to the employer, there are still exceptions to the law they the employee may fall into one of the categories, especially if they didn’t report the injury because they were scared of retaliation. Another option would be is filing for Social Security Disability, if they are approved then the long term disability should also be approved because the government feels this person is disabled.

If someone has worked offshore for three years, and they are a diabetic but the company states that they don’t allow diabetics on their facility, what can the employee do if they get terminated?

In many situations, if the employee has been working for this company for three years, with no problems, then the disability is not affection their job performance. If the employer decides to terminate because of the diabetes then that would violate the Americans with Disabilities in Employment Act. The employee would also have a lawsuit and complaint that can be file with the Equal Employment Opportunity Commission.

When working offshore if employees get into a fight and they were all supposed to be shipped back, but the employer only terminates one and keeps the other employee is this a violation or obstruction of justice?

This would not be considered a violation or obstruction of justice because the employer decided to fire one employee and not the other in a fight. It is all up to the employer to decide which employee to terminate for violence, and if they made the decision to terminate the employee, that is the employers right. As far as charges being issued, the coast guard will complete their report and have the warrants issues if the US Attorney decides to press charges.

While working offshore on a boat can employers perform a drug test while out on the water and in front of other employees?

Drug testing for offshore employees including breathalyzers can be done on a boat while out on the water, and also can be done in front of other employees because of the reduced expectation of privacy that employees have in the workplace. When wondering the rights for employees that work offshore, consult in a Legal Expert on JustAnswer.

In the state of Louisiana if an offshore employee took a drug test but didn’t sign the cup, and then employer called stating that the employee failed the drug test, what can the employee do to protect themselves in this matter?

Unless the employee has a contract agreement with the employer, the employer can terminate for any reason without proof. The state of Louisiana the employment law is “at will”. The employee may have a defamation type claim if the drug lab made false statements that there were drugs in the sample to the employer. Proving that the lab messed up the tests can ensure that the employee receive unemployment insurance benefits.

Many times when employees work offshore, they wonder if they have the same rights as other employees. When feeling like you have an offshore claim, you can consult Experts to find out your legal rights, and many answers to the complex offshoring questions that you may have.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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5 Employment Lawyers are Online Now

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Recent Offshoring Questions

  • Please help.I'm shocked and disgusted by this situation and

    Please help.
    I'm shocked and disgusted by this situation and I don't know what to do.
    I just found out that my ex manager lied on me telling my coworkers that I have invited him to dinner in order to sleep with him . This is so crazy ! I am simply lost for words!!!
    I started working at this restaurant about 4-5 month ago and right away I felt weird about my boss. He started invited me to go to have dinner multiple times and I always refused politely . One time he stoped me in the kitchen and told me that he couldn't stop thinking about me . I simply walked away and later after my shift was over I told him that his comment made me feel very uncomfortable and I hope it won't happen again. Which he agreed to.BUT... Sometime after that he again did something very odd . He pulled his phone Infront of me at the bar and started showing me all his pictures and believe it or not those were MY PICTURES !!!! He somehow got my pics from Facebook and saved them on his phone!!!! This is crazyyyyy! There are so many things that happened that I don't even know where to start and how to even right it all down.
    So a week ago he got transferred to another location of the same restaurant chain and I thought all this would be over . But literally couple of hourse ago one of my coworkers asked me a question to confirm if I liked our ex manager and If I really tried to have something romantic with him. And when I asked him why he would ever say something like that ,I was told that my ex manager spreads the rumors and the entire staff knows it already!!!
    How do I even handle this situation ? Do I simply confront my ex manager or I need to go to ER? Please help!!!
  • I have a question regarding my husbands salary job-he is a

    I have a question regarding my husbands salary job-he is a boat captain who takes out people daily on sightseeing and fishing trips. He makes 800 $ per week and works on average 50+ hours per week without any overtime pay. The other week he requested 2 days off and was under the impression it is paid time off but the 2 days were actually not paid. He was told that he can only have a paid day off if he promises to work that extra day in the next week above and beyond the very long days - sometimes a workday is 14 hours, no holidays of or any other benefits. He was on hourly before at that company and thinks about going back.
  • I have been terminated from an hourly position I held for over

    I have been terminated from an hourly position I held for over two years. The company still owes unpaid wages for hours I worked in that time. They offered me a severance package of 2 weeks' pay if I will sign a statement releasing all legal claims. Should I accept the offer or pursue legal action for unpaid wages and wrongful termination?
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