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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.
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