Breaking Into Employment Law: Your First Steps

Employment law is a complex and fascinating area of law that deals with the legal rights and obligations of employers and employees. It covers a wide range of issues, from employment contracts and workplace safety to discrimination, harassment, and wrongful termination. Breaking into employment law can be a challenging but rewarding endeavour, as it offers the opportunity to protect the rights of workers and ensure fair and equitable treatment in the workplace. There are several steps individuals can take to pursue a career in this field, including obtaining a strong understanding of employment law, gaining practical experience through internships or entry-level positions, and networking with professionals in the field. Additionally, individuals should consider joining relevant professional organisations and staying up-to-date with the latest developments in employment law to position themselves well for a successful career in this area.

Whistleblower protections

Whistleblower protection laws are designed to safeguard workers who report unlawful or unethical workplace activities. These laws are enforced by the U.S. Department of Labor and offer protection to employees who refuse to commit an unlawful act or choose to report it. Whistleblower protection is provided under the state's Labor Code, which allows employees to notify law enforcement, government authorities, supervisors, or authorised employees about unlawful workplace activities.

Whistleblower laws cover a range of issues, including:

• Consumer product and food safety
• Environmental protection
• Family and medical leave
• Fraud and financial issues
• Lie detector testing
• Military status and obligations
• Transportation services

The Occupational Safety and Health Administration (OSHA) administers the employee "whistleblower" protection provisions of twenty-two statutes. Employees may file complaints with OSHA if they believe they have experienced discrimination or retaliation for exercising any right afforded by the OSH Act, such as complaining about workplace safety or health hazards, or participating in OSHA-related activities. Similar protections are offered under other acts, such as the Surface Transportation Assistance Act (STAA), the Asbestos Hazard Emergency Response Act (AHERA), and the International Safe Container Act (ISCA).

It is important to note that whistleblower protection laws vary by state, and employees may need to meet certain requirements to acquire protection. For example, employees may need to report misconduct to a supervisor or governmental agency to be protected from retaliation. Seeking legal advice from an experienced employment lawyer can help employees understand their rights and the specific laws applicable to their situation.

Discrimination

For example, it is illegal for an employer to make decisions about job promotions based on an employee's race, colour, religion, sex, or national origin. This includes instances of preferential treatment, such as giving preference to employees of a certain race when making shift assignments or segregating employees of a particular national origin from customers. It is also illegal for an employer to recruit new employees in a way that discriminates against them because of their protected characteristics, such as through word-of-mouth recruitment that results in a homogenous group of new hires.

Additionally, discrimination can occur in the form of harassment by managers, co-workers, or others in the workplace. Harassment can include slurs, graffiti, offensive or derogatory comments, or other verbal or physical conduct. Sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature, is also prohibited. Harassment is illegal if it creates a hostile or offensive work environment or results in an adverse employment decision, such as the victim being fired or demoted.

It is also important to note that discrimination can be direct or indirect. Direct discrimination occurs when an employee or applicant is treated unfavourably because of their protected characteristic. On the other hand, indirect discrimination occurs when a neutral policy or practice has a disproportionately negative impact on individuals with a particular protected characteristic and is not justified by a legitimate business reason.

If an individual experiences discrimination, they may have legal recourse. They can file a complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC) in the United States, or consult an employment law attorney to discuss their options, which may include bringing a lawsuit against the employer.

Employment contracts

Most employment relationships are contracts, but many are informal. In most US states, a person is employed on an "at-will" basis, meaning that either party can terminate the contract at any time. Because of this, there are relatively few lawsuits over such breaches. Disputes are more likely to be over illegal or unfair employment practices.

Legal disputes over breaking employment contracts, therefore, tend to be over contracts that limit one or both parties from exiting the contract early. They may include things like financial damages if an employee quits early, a mandated time period, or stipulations on the reasons for which the employee may leave. These agreements may be oral or written and still be legally enforceable.

If you want to exit an employment contract, the first thing to do is determine its validity. Just because you signed something doesn't mean you can be held to it. An attorney can help determine if the document you signed is a contract. Often, an employee is actually "at-will" and the "contract" is a list of obligations the employer expects from the employee.

Contracts must include certain wording and components to be legally enforceable. They must be clear and detailed, including the period of employment, pay rates, job duties, and what is expected of both sides. In addition, both parties must agree to those terms. If there is a disagreement, the contract may not be valid.

Certain inclusions can also render a contract void. For instance, a contract that requires an employee to work a certain amount of time each week without being paid overtime for non-exempt labour is in violation of federal labour laws and is likely unenforceable.

If you are considering leaving your employment, it is worth checking whether the other side has already breached the contract. Perhaps you were hired to be an accountant, but your boss also expects you to answer phones, make sales, or handle HR. If this violates the terms of your contract, your employer may have breached their duties.

In this case, you may serve notice to the employer to return to compliance with the contract. If they fail to make changes, you may be in a position to terminate the contract for cause, or ask a judge to issue a court order voiding it.

How to Get Out of an Employment Contract

To exit an employment contract, it is important to approach the process with professionalism and respect for the terms of the agreement. A mutual decision to terminate the contract early is often the most favourable solution for both parties. To achieve this, initiate open and honest communication with your employer to discuss your concerns and explore potential alternatives. Review your contract to determine any notice period or termination clauses that may apply. If necessary, seek legal counsel to ensure compliance with the terms and conditions of your employment contract. By handling the termination process with care and respect, you can minimise potential disputes and maintain a positive relationship with your employer.

Workplace retaliation

In the United States, the Equal Employment Opportunity Commission (EEOC) has reported that retaliation is the most common issue alleged by federal employees and the most frequent basis for discrimination findings. This indicates that retaliation is a widespread issue that requires attention and action from employers and policymakers alike.

Employees who experience retaliation may find themselves demoted, harassed, or even terminated from their positions. For example, an employee might be reprimanded or given a lower performance evaluation than they deserve. They could be transferred to a less desirable position or be subjected to verbal or physical abuse. Additionally, an employer might threaten to report the employee to authorities or spread false rumors about them. All of these actions can be considered retaliation if they are motivated by the employee engaging in protected activity.

To prevent retaliation, employers should ensure that managers are aware of the behaviours that constitute retaliation and provide training to help them understand the potential consequences of their actions. Managers should also be mindful of their reactions to employee complaints and avoid discussing them publicly or isolating the employee.

Employees who believe they are experiencing retaliation should document any incidents, communicate with their supervisors or HR departments, and seek legal advice if necessary. It is important to know your rights as an employee and understand that there are laws in place to protect you from retaliation.

Employment disputes

Wrongful Termination

Wrongful termination cases are often emotionally charged and challenging. They occur when an employer is accused of terminating an employee's contract without just cause or in violation of discrimination and retaliation laws. It's important to note that some states have "at-will employment" laws, allowing employers to terminate employees for any reason without a contract in place. However, employers must still comply with anti-discrimination laws.

Wage Disputes

Wage disputes arise when employees are not properly compensated for their work. This includes issues such as unpaid overtime, earned tips, or regular breaks. Employers must also ensure they are meeting the minimum wage requirements. Wage disputes can also involve worker misclassification, where employers incorrectly classify employees as independent contractors, affecting their pay and benefits.

Discrimination and Harassment Claims

Federal and state laws protect workers from discrimination, harassment, or unfair treatment based on protected characteristics such as race, religion, national origin, sex, sexual orientation, gender identity, pregnancy, age, or disability. Employees can file complaints with the Equal Employment Opportunity Commission (EEOC) and may pursue legal action if their rights have been violated.

Severance Agreements

Severance agreements are offered by employers to employees who are leaving the company. These agreements often include non-disclosure or non-compete clauses in exchange for certain types of compensation. Speaking to an attorney can help both employers and employees understand their rights and obligations under these agreements.

Whistleblower Retaliation

Employees who report unlawful or unethical activities in the workplace are protected by whistleblower laws. If an employee faces retaliation, such as termination, demotion, or withholding of benefits, for refusing to engage in or reporting illegal activities, they may have legal remedies. This includes the right to file a wrongful termination claim and, in some cases, bring a private civil action against the employer.

Employment Contracts

Employment contracts outline the terms and conditions of employment, including job duties, period of employment, pay rates, and expectations of both parties. If either party breaches the contract, it can lead to legal disputes. Before taking any action, it's essential to consult with an employment lawyer to understand your rights and options.

Frequently asked questions