Employee's Right in Workplace

2005-12-20T13:01:00.000-08:00

In US, Every employee, irrespective of gender, color, race, national origin, religion, age, or disability, is provided with equal opportunities and benefits at the work place. In no circumstances, an employer can disregard the rights bestowed by both the state and the federal laws.

Both federal and state laws prohibit employee discrimination based on race, sex, religion, national origin, physical disability, or age. The law protects even a job applicant, employer cannot discriminate against an employee at any stage of the employment, hiring, promotion, job assignments, providing benefits, compensation, termination, and post-termination benefits. Employer cannot retaliate against an employee because he/she filed a discrimination complaint, opposed discriminatory behavior, testified, or participated in an investigation, a proceeding, or a hearing.

The law prohibits the employer from harassing the employee. The employer cannot display hostility, aversion or degenerate employer’s reputation through verbal or physical conduct. Both the state and the federal laws consider it illegal to harass the employee because of his/her race, creed, color, religion, gender, nationality, age, or disability. Any behavior at the workplace that has the purpose or effect of unreasonably interfering with work or performance, has the purpose or effect of creating an intimidating, hostile, or offensive work environment, or adversely affects that individual’s employment opportunities, is considered illegal.

Most of the employers follow the doctrine of employment at will, that is, both employer and employee can terminate a working relationship without prior notice or reason. Almost all States of US follow this doctrine, however, there are certain exception to this doctrine. If the termination breaches an employment contract, violates public policy then it is an exception and makes Employment at Will doctrine irrelevant. Other possible exceptions are breach of the covenant of good faith and fair dealing, retaliation against whistle-blowing, filing worker’s compensation, discharge based on discrimination, defamation, for requesting rights under Family Medical Leave Act (FMLA).

Occupational Safety and Health Administration (OSHA) protect employees against unsafe working conditions. In certain states, employees have the right to refuse to work, even if the unsafe working condition is not life threatening. Employer cannot retaliate against an employee for filing a safety complaint.

Fair Labor Standard Act (FLSA) provides the minimum wage provision. Many states have their own minimum wage laws. And, when the state and the federal wage laws conflict, employers must apply whichever minimum wage standard is higher compared to the other. Employers cannot discriminate against any employee, because of gender, age, disability, national origin, race, or religion.

Most of the times, employees are unaware about the rights and privileges bestowed to them by both the federal and state laws. However, it is imperative that each employee knows about his/her rights at the work place. Whether or not you are in a problem, one should be aware about the rights, it immensely helps in addressing the issues and problems arising at the workplace, in a better way.

Employee Rights on Termination

2005-06-09T12:45:00.000-07:00

Employment Termination

In an employment relationship, pink slip is one of the most common heard phrases. Employer might end an employment relationship without warning or explanation. Most of the private sector companies in US follow the ‘Employment at Will’ doctrine. The doctrine states that both the employer and the employee have the right to end the employment relationship without reason or cause.

Employment Termination is a common occurrence. You will rarely find the employer giving a good reason or warning before firing you. There is no specific Federal or State law that sets the employee rights regarding employment termination. However, there are certain exceptions to the employment-at-will doctrine. This prevents the employer from firing an employee for illegal reasons.

Employment termination cannot happen for filing workmen’s compensation. Employer cannot fire an employee because of discrimination. They cannot fire employees for filing worker’s compensation claim or complaining about employer’s illegal activities. Firing an employee because she has taken Family and Medical leave or she is pregnant is also unlawful termination. It is also illegal to discharge an employee because he or she is over forty. It is also illegal job termination, if the employer fires an employee for complaining about unsafe working condition.

Employees have every right to protest against unlawful termination. They can file a claim with Equal Employment Opportunity Commission (EEOC), if he or she has been give pink slip because of discriminatory practice at workplace. If you have been fired, it is always better to ascertain the reason for such severe action by the employer. If there is any noticeable malice, it is better to protest against such unlawful termination and consult an employment attorney.

If you want more information on various issues related to employee rights, you can visit www.mypersonnelfile.com. It is a very helpful resource on employee rights. There are number of forms and letters that can help you in filing your employment grievances. Both Federal and State law stipulate that employees enjoy certain privileges and employee rights at workplace. If you believe you have been subjected to unlawful behavior and practices at workplace, know your rights and protest against such actions and behavior immediately.

Employee Workplace Rights

Employee's Right in Workplace

Employee Rights on Termination