Do You Have an Employment or Labor Law Issue? Call 1-800-ATTORNEY.
Employees in the United States are protected by a series of employment and labor laws. However, just because these laws exist doesn’t mean that employers are taking note and following them.
Many employees are not aware of their rights when it comes to many of these issues. This can include sexual harassment, non-payment of overtime by the employer, wrongful dismissal and discrimination.
The Basics of Employment Law
There are many subsections that make up US employment law. It’s important that you as an employee are aware of the laws that exist to protect you.
Many workers in America are employed “at will.” At-will employment means that you may leave your job at any time for any (or no) reason. It also means that you can be fired at any time for no reason. However, there are exceptions to this.
Regardless of whether you are employed at-will or not, your employer must follow a great number of labor and employment laws. These laws exist to protect the worker’s inalienable rights at all times.
Workplace Harassment
Workplace harassment is a common complaint by many employees. This can take on the form of a hostile work environment such as name-calling, sexual advances, or not providing workers with a pleasant working environment for them to be productive. It can also include threatening behavior, or harassment based on sex, religion, birthplace, age, political beliefs, or a physical disability.
For harassment to be admissible in a court of law, your attorneys will need to prove that the harassment was sufficiently pervasive or severe enough to merit a lawful action. Because of the complexity of these types of cases, it’s important to seek out the services of an experienced and aggressive employment attorney to ensure the best chance at a favorable outcome.
Discrimination
Discrimination can be far reaching and range from things like race, sexual orientation, nationality, disability, pregnancy, religion, sex and gender.
In these cases, people who become the target of unfair treatment can seek legal help to stop such practices from happening, as well as recover compensation due to issues such as non-payment of overtime, being paid less than other employees and wrongful termination.
Breach of Contract
Breach of contract is an issue faced by many employees. When many types of workers are hired, they are required to sign a contract. Sometimes, even the employee handbook may be considered a contract.
If you feel that your employer breached this contract, you may be able to sue your employer for damages. A qualified lawyer can help go over the details of your contract in order to identify any exceptions that you may have missed or overlooked, and explain the options available to you.
Workplace Injury
Life can change in an instant if you or a loved one is injured in a workplace accident. Many workplace injuries can be attributed to negligence on the part of the employer, but your ability to file a lawsuit may be hampered by the existence of workers’ compensation insurance.
In some types of work injury cases, you can collect compensation as well as seek punitive or other types of damages to help take care of any medical and rehabilitation bills, as well as reimburse you for lost wages.
Due to the complexity of these cases, and the involvement of workers’ comp insurance, you really need to discuss your case with an attorney in your state who has experience dealing with work injury claims.
Unpaid Wages and Overtime
Wage and hours issues continue to be a contentious issue in most workplaces. The laws surrounding overtime pay are overlooked by many employers, and some actively try to manipulate them in order to take advantage of their workforce.
According to the Fair Labor Standards Act, any non-exempt employee who works overtime (more than 40-hour a week) is entitled to overtime pay for those hours. Overtime pay is calculated by taking the normal hourly pay and multiplying it by 1.5.
An exempt employee is generally someone who is paid on salary, and usually falls into one of the following categories: executive, professional or administrative.
Treated Unfairly? Get Legal Help Today!
The world of employment law is as complex as it is extensive. If you feel that you’ve been taking advantage of or unfairly treated, it’s time to seek the legal opinion of an employment lawyer. The attorneys at 1-800-ATTORNEY are here to help you fight for your rights and recover the compensation that you deserve.
Want to learn more? Take a look at our online library of employment law articles.
