Legal Advice on Employment
From Adviceopedia
There are a number of situations when it is a good idea to get legal advice on employment matters. These include issues surrounding hiring practices, employment contracts, discrimination, minimum wage, and overtime payments.
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Legal Advice on Employment Contracts
Verbal or Written Contracts
Employment contracts come in a number of forms, including multi-page agreements or verbal contracts. In the case of a verbal contract, the employee agrees to provide certain services for a set number of hours or days per week for a specific rate of pay. The employer agrees to pay for these services at the agreed-upon rate.
If you have a verbal contract, have it written down and signed to protect you against the other party breaking the contract. Though in many states a verbal contract holds, it is hard to prove in court.
Employed "At Will"
If no specific terms are set out in the contract, then the employee is considered to be employed "at will." This means that either party has the right to end their relationship at any time.
Hiring Practices
Discrimination
In the United States, there are a number of laws dealing with discrimination. Under Title VII of the Civil Rights Act of 1964, employers are barred from discriminating on the basis of:
- Race
- Religion
- Color
- Sex
- Religion
- Country of origin/ancestry
Employees over the age of 40 are protected from discrimination under the provisions of the Age Discrimination in Employment Act of 1967. The Americans with Disabilities Act of 1990 covers employment rights of employees with disabilities.
Pregnancy Discrimination
Employers are prohibited from discriminating against women who are pregnant in these manners:
- Not hiring a woman because she is pregnant
- Refusing to promote a pregnant woman
- Terminating a woman's employment due to her pregnancy
- Denying pregnancy leave benefits to a pregnant woman
Working Conditions
Minimum Wage
The level of the minimum wage varies by state in the United States. Some states have no minimum wage law in effect at all, however the federal government regulates it under the Fair Labor Standards Act (FLSA).
Overtime
How much a worker is entitled to for overtime pay also varies from state to state. In some jurisdictions, overtime pay is to be paid after 40 hours of work per week. In other areas, employees are paid overtime after a 48-hour work week. The FSLA requires overtime pay in the states. Each country has their own laws.
Sexual Harassment
Sexual harassment is a serious issue in the workplace and goes more in depth than just an employee being asked for sexual favors from another person. It can also take the form of unwelcome remarks or advances that affect a person's work or create a poisoned work atmosphere (hostile or offensive). Sexual harassment is considered a form of sexual discrimination.
Dealing with Discrimination
Keep Records
If you feel that you have been discriminated against, it is important to keep accurate records. Write down what happened as soon as possible after the incident. Make note of anyone else who was present at the time.
Approach Your Employer or Union Representative
Large employers may have policies in place to deal with workplace issues. Look in your employee guide for directions on how to proceed.
Workers in unionized workplaces can discuss their concerns with the union rep. It may be possible to file a grievance.
Get Legal Advice on Employment Matters
If you have questions or concerns about the above or any other employment related issues, get legal advice from employment lawyer. He or she will be able to provide the appropriate legal advice on employment matters.
