Employment law gives employees and employers a set of guidelines to follow. It protects against discrimination, ensures a safe work environment, and promotes pay transparency.
In the United States, most employees are considered to be at-will workers. This means that they can be fired or reduced in pay at any 스토킹변호사 time for any reason, or no reason at all.
At-will employment
Although employment is generally considered to be “at-will” in the United States, that doesn’t mean employers can fire employees for any reason. Instead, they must have a reason that doesn’t violate federal or state law. However, some states have exceptions to the at-will rule.
For example, if an employee has an employment contract that guarantees a certain period of time for the job, that agreement takes precedence over at-will employment. It also means the employer can’t break that contract by firing an employee before that time has elapsed.
There are some specific exceptions to the at-will rule that apply in some states, such as the public policy exception. This means you cannot be fired for engaging in any action that benefits the public, such as reporting illegal activities or taking time off to participate in civic duties, such as voting or serving on a jury.
Other exceptions include the implied covenant of good faith and fair dealing, which requires that employers treat employees fairly when making termination decisions. This means you cannot fire a salesperson right before they’re due to receive a large commission, for example. An attorney could help you determine whether or not a particular termination is in violation of an implied covenant.
Contracts
Contracts are a basic feature of the legal system. They define the terms of a transaction and impose duties that can result in liability for breach. The law recognizes a number of types of contracts, including contracts of hire, insurance policies, real estate transactions, and employment agreements.
Employers often issue written documents setting out performance expectations, compensation, benefits, discipline, and other employment policies for all or some of their employees. Employees rely on these documents, and in some jurisdictions, they may claim that the employer has assumed enforceable obligations to them based on these policies. However, employers can usually defeat these claims by disclaiming that the relationship is at will and/or pointing out that their policies are not contractual in nature.
The vast majority of private-sector employees work at will. However, some employers offer employment contracts that include specific protections and procedures for adverse employment actions, such as firing or pay reductions. These agreements are commonly used for high-level managerial employees and other workers with special skills, talents, or expertise, like professional athletes. In addition, many employers include a non-disparagement clause in these agreements.
In addition to employment contracts, there are also laws that regulate the ability of employers to terminate at will. These laws usually commodify the worker’s ability to work by treating it as an item of exchange and by legitimizing the employer’s power over the employee. As a result, they tend to fuel the power struggle between workers and capital.
Discrimination
Many types of discrimination are prohibited by state and federal law. These include differential treatment based on race, national origin or religion; age, disability, marital status, sex (including pregnancy and gender identity), sexual orientation, and genetic information. It is also illegal to treat an employee or applicant unfairly in paying wages, benefits or in extending employment opportunities.
Discrimination can take many forms and can be difficult to prove. A policy or practice that excludes someone from a promotion might be considered discrimination even if there are other legitimate factors that explain the decision. An employer may be liable for the acts of one of its employees who engages in discrimination if the employer did not prevent the person from engaging in such activity or did not take reasonable steps to avoid it, which is called vicarious liability.
In addition, an employer cannot fire an employee for lodging a complaint of discrimination or for helping with a job discrimination proceeding, such as an investigation or lawsuit. An employee who wins a case of discrimination may be awarded monetary damages. This could include back pay, the value of lost benefits and compensatory damages for pain and suffering. Depending on the state, an employee who prevails in an employment law case may also be awarded attorney’s fees. If you have questions about employment law, it is important to talk with a lawyer while the facts are fresh in your mind.
Retaliation
Retaliation occurs when an employer takes adverse action against a worker for engaging in protected activities, such as reporting workplace discrimination or harassment. Retaliation is illegal both at the federal and state levels. In the case of New York, recent amendments have made it easier for workers to recover compensation and restitution for retaliation.
A key element in a successful retaliation lawsuit is demonstrating a causal connection between the protected activity and the adverse employment action. This can be challenging, especially if the employer denies retaliatory motives or cites other reasons for the action taken. Nevertheless, there are several factors that can help prove this connection, including:
Protected activities include filing or being a witness in a workplace discrimination or harassment complaint or investigation, reporting a suspected EPA violation, threatening to file an OSHA complaint, refusing to follow unsafe work orders and more. State laws also make any retaliation against whistleblowers illegal.
If you have been subjected to retaliation, contact our Connecticut retaliation lawyers as soon as possible. We can help you establish a timeline of events, document your involvement in the protected activity and gather evidence to support a strong claim. We will aggressively fight for your rights while compassionately guiding you through the legal process. Our firm handles both federal and state cases involving labor law violations.