Employment law is an type of law that affects everyone who has a job. However, most people don’t have extensive experience with employment law, so consulting with a lawyer of you ever need to get involved in this type of law is importat. Here are five facts about employment law.
- There Are Many Employment Rights You May Be Unaware Of
The average person can’t know everything about employment law, nor should he or she need to. However, this means there is always a risk that an employee may be taken advantage of by an unethical employer. It’s important to be aware of basic employee rights and any specific rights related to your job or industry, such as what constitutes exemption from overtime pay. Working with an employment lawyer ensures that you will be informed of your employment rights and any potential violations of those rights.
- Employment Law Encompasses Many Aspects of Labor
If you need to hire an employment attorney, you should make sure he or she has relevant experience. There are many different types of employment law and an attorney may specialize in one or a few of them. No lawyer will have extensive experience in every aspect of labor law. The main types of employment law are workers’ compensation, wrongful termination, family and medical leave, discrimination and harrassment, unsafe workplace conditions and fair labor standards. When you seek an employment lawyer, first think about why you need one. Doing so will help you determine what options will work best for you.
- “At Will” Employment Can Be Complicated
For the most part, employment is considered to be at will in the United States. At-will employment means both the employee and the employer have the right to end employment whenever they want, no matter the reason. This is a bit of a misconception. The vast majority of employment relationships are subject to various contracts and laws. Contracts may stipulate certain promises or expectations for how and when employment may end. Labor laws protect employees from being fired in retaliation, in bad faith or for discriminatory reasons.
- Not Every Unfair Termination Is Considered Illegal
While labor laws and contracts protect employees from many types of unfair termination, not every termination that someone considers unfair is actually illegal. You may need the assistance of an employment attorney to determine whether your termination was a violation of your employment rights and thus illegal. If the lawyer believes it to be illegal, then you likely have a case. If not, then you may need to consider other options. If an unfair termination does not meet certain qualifications, such as a retaliatory act against you or because of discriminatory attitudes or practices, then it is likely not illegal.
- The Terms Contractor And Employee Often Overlap
People tend to think that contractor and employee are labels that refer to two different types of employment. A contractor is considered to be more independent than an employee, for example. However, there is also overlap between the two types of employment. While an employee of a company may be entitled to more benefits than an independent contractor, including workers’ compensation and employment insurance, he or she will likely be performing the same or similar types of work as the contractor. It’s important to understand where these types of employment differ and overlap to ensure that all workers’ employment rights are protected accordingly.
Employment law can be quite complicated. If you do your research and consult with an experienced attorney, you should be able to successfully navigate whatever claim or dispute you’re involved in. Make sure you work with a lawyer who has relevant experience and a good track record of representing clients.
