Whether you are starting your first job or have spent many years in the workforce, understanding employment law basics is important. Many workers are unaware of their legal protections, which can make it harder to recognize when their rights are being violated. At Mizrahi Kroub LLP, our goal is to help employees understand when they may need an employment lawyer to protect their interests.
Here are some of the most important employment law concepts every worker should understand.
1. At Will Employment vs. Contract Employment
In many states, employment is considered at will. This means that either the employer or the employee can end the working relationship at any time for almost any reason or even for no reason at all.
However, there are important exceptions to this rule.
If you signed a written employment contract, your employer must follow the terms outlined in that agreement. Contracts may include requirements about termination procedures, job duties, or length of employment.
Another exception involves public policy protections. Employers are prohibited from terminating employees for reasons that contravene public policy, including the refusal to engage in illegal activities. If you believe your termination violated these protections, consulting an employment lawyer can help you evaluate your situation.
2. Workplace Discrimination Laws
Workers are safeguarded from discrimination in the workplace by both federal and state laws. Employers must refrain from making employment decisions that are influenced by protected characteristics. These traits encompass race, color, national origin, sex, pregnancy status, age for individuals over forty, disability, religion, and genetic information.
A number of laws offer safeguards against discrimination, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The laws govern aspects such as hiring, firing, promotions, compensation decisions, and the treatment of employees in the workplace.
3. Wage and Hour Rights
Most employees have the right to earn at least the minimum wage mandated by federal or state regulations. Many employees are also entitled to overtime pay if they work more than forty hours in a single workweek.
Non-exempt employees should generally receive one and a half times their regular hourly pay for overtime hours. However, some employees may be classified as exempt depending on their job duties, salary level, or managerial responsibilities.
Employers must maintain precise records of employee hours and compensation. If you think your employer has not paid the correct wages or overtime compensation, an employment lawyer can assist in assessing whether you have a legitimate claim.
4. Family and Medical Leave Rights
The Family and Medical Leave Act allows qualified employees to take unpaid leave for designated medical or family situations, while safeguarding their job security. Qualifying reasons may encompass the birth or adoption of a child, as well as a serious health condition impacting the employee or an immediate family member.
Not all employers are covered by this law, and eligibility depends on factors such as how long the employee has worked and the size of the employer. Some states also have additional leave protections that go beyond federal requirements.
5. Harassment and Workplace Safety
Workplace harassment is unlawful when it is rooted in a protected characteristic and is sufficiently severe or frequent to foster a hostile work environment. Harassment can take many forms, including offensive comments, discriminatory jokes, unwanted physical contact, or any behaviors that create a hostile work environment.
Employers are required by law to respond to harassment complaints and to take appropriate measures to prevent further issues.
6. Retaliation Protections
Employees are safeguarded against retaliation when they disclose unlawful conduct in the workplace. Retaliation may include demotion, reduced working hours, negative performance evaluations, or termination after reporting violations.
If you experienced negative treatment after raising concerns about discrimination, wages, or safety issues, you may have a retaliation claim. Consulting with an employment lawyer can clarify if your circumstances warrant legal action.
When to Speak With an Employment Lawyer
Employment law can be complicated, and time limits may apply to filing workplace claims. If you believe your rights have been violated, it is important to seek legal guidance as soon as possible.
The attorneys at Mizrahi Kroub LLP are dedicated to helping workers understand their rights and pursue justice when they have experienced unfair treatment in the workplace. Our team provides knowledgeable legal representation for a wide range of employment law matters.
Conclusion
Understanding employment law basics helps workers protect themselves in the workplace. Knowing your rights regarding discrimination, wages, leave, harassment, and retaliation can make a significant difference if problems arise. When workplace disputes become serious, an experienced employment lawyer can help guide you through the legal process and work toward a favorable outcome.
