Frequently Asked Questions
What is employment at-will?
Am I an employee at-will?
What is illegal discrimination?
What is illegal harassment?
What if I am not paid for overtime I have worked?
What should I do if I feel I am being treated illegally at work?
What is retaliation?
What is a release of claims?
What different types of claims can employees bring?
What is employment at-will?
Employment at-will is the basic rule of employment in the United States. Most employment relationships are at-will, which means that either the employer or the employee can terminate it at any time, with or without good cause. The major exception to this rule is that an employee cannot be terminated for a reason that is contrary to public policy; i.e. you cannot be fired because of your gender, your race, your age, because you reported an illegal practice at work (whistleblowing), etc. Back to top
Am I an employee at-will?
Unless you are a union employee or have a contract which states the terms under which you can be terminated (i.e. “for cause,” or “for good cause”) you are likely an employee at-will. Public employees may also have additional protections, such as the right to be fired only for a good reason and the right to engage in free speech and political activities. Back to top
What is illegal discrimination?
It is illegal for an employer to discriminate against you because of your inherent personal traits (race/ethnicity, gender, age, sexual orientation, disability, etc.) or because of choices you have made which are protected by law (marital status, religion, etc.). However, it is not illegal for an employer to discriminate against you because of your work performance, attendance, work attitude, or any other legitimate measure of your employment. Back to top
What is illegal harassment?
Harassment is illegal when the reason you are being treated negatively is because of your race/ethnicity, gender, age, sexual orientation, disability, marital status, religion, etc. If your boss treats you badly just because he or she does not like you, or you and a co-worker just do not get along, that kind of harassment is likely not illegal. Back to top
What if I am not paid for overtime I have worked?
Typically, if you are a non-exempt employee you must be paid one and a half times your normal hourly rate for any hours worked in excess of 40 during your work week. If you are not paid overtime, and you are a non-exempt employee, you may have a claim against your employer. Just because you are paid a salary or receive a commission, that does not mean that you are necessarily an exempt employee. For more details on whether you are an exempt or non-exempt employee, or any other questions you might have regarding overtime or minimum wage, please visit our other website at www.overtimecases.com. Back to top
What should I do if I feel I am being treated illegally at work?
If you feel that you are being treated illegally at work, you should follow the established complaint procedure in your workplace. If the established procedure requires you to go to the person who is treating you illegally, then go to that person’s supervisor. Many times your concerns will be acted upon immediately, and your situation can be resolved in your favor. If your employer does not act upon your complaints in a timely manner, or if you experience retaliation because of your complaint (i.e. you are terminated, demoted, transferred, etc.), you may need legal help. Back to top
What is retaliation?
Retaliation generally takes the form of demotion, harassment, transfer, or termination of employment. Even a lateral reassignment can be retaliation if the reassignment will affect your ability for promotions or advancement. An employer may not retaliate against an employee who engages in conduct protected by law. Protected conduct may included opposing workplace discrimination against yourself or another employee, assisting an investigation of discrimination, refusing to engage in conduct you believe to be unlawful, asking your employer about your legal rights, or otherwise exercising your rights under the law. Employees also have the right to organize without employer retaliation. This right includes the right to join or assist labor unions, to bargain collectively through representatives of their own choosing, and to engage in other activities for mutual aid or protection. Public employees may have other protections in addition to those listed above. Back to top
What is a release of claims?
A release of claims, if signed by an employee, is an agreement that the employee will not bring any lawsuit against the employer for any reason connected to their employment. A release is usually signed in exchange for a severance agreement, in which an employee will continue to be paid and/or receive benefits from the employer even after their employment has ended. Employees should never sign anything they do not agree with or fully understand. Likewise, an employer cannot ask you to sign a release of claims or a non-competition agreement after beginning your employment without providing you some form of consideration, or additional compensation. Continued employment is not adequate consideration. Back to top
What different types of claims can employees bring?
There are many different types of claims that employees may bring against their employers. Some of the most common are sexual harassment, severance claims, age discrimination, gender discrimination, racial discrimination, wage and hour violations, and whistleblower claims. For more detailed explanations of these and many other claims, feel free to review our practice area summaries. Back to top
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