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Employment Law

 

According to Bankrate’s 2023 Emergency Savings Survey, more than half of Americans have less than three months in emergency savings, and 25% of Americans have no emergency savings at all.

Finding employment and staying employed is quickly becoming problematic with the advent of artificial intelligence, which has left many employees worried about job security. For those who have been wrongfully terminated from their job, there are serious legal issues that should be considered, as well as financial.

Legal Advice on Employment Law

In our free employment law advice section, we focus on the legal issues that arise leading up to and including job loss, such as wrongful termination, job discrimination, sexual harassment, and employer violations of wage and hour laws.

We also provide helpful articles on the legal rights of employee whistleblowers, as well as the legal and qualifying requirements related to receiving unemployment benefits. The following legal employment law articles are divided into five sections.

Five Employment Law Sections

Searching For a Job – Interviews and Job Offers

Employers are legally prohibited from asking certain types of questions in job interviews. They include questions that intrude upon an applicant’s privacy rights or are discriminatory on their face.

You will also want to make sure you are clear on your legal job status before accepting the job. For example, will the company hire you as a full-time or part-time employee, or will they pay you as an independent contractor? You need to know this since there are important legal differences between the legal rights of independent contractors and employees.

You will need to know that independent contractors are not legally entitled to receive employment benefits such as medical insurance, overtime pay, sick time, and family leave. Most importantly, independent contractors are legally responsible for withholding and paying their own taxes and are not eligible for company unemployment benefits.

If you’re not sure about your legal status with the company, you can ask the company’s human resources department. If they don’t have one, you may want to check if they have a company employee manual or new hire orientation booklet.

Another option may be to discreetly ask the person who hired you if there is a probationary period to your employment. How this person responds to this question should answer many of these questions, such as whether the employer can terminate you at any time with or without cause and without notice.

Most new employees are hired on an “at-will” basis.

On The Job – Unsafe Work Conditions – Labor Violations

This employment law advice section covers how, when, and how much an employee will be paid in exchange for their labor. With respect to the federal minimum wage,  most government employees receive an hourly wage of at least $7.25.

Some states, like California, have set their minimum hourly wage at a much higher rate. For example, in 2021, all California employers with 26 or more employees must pay a minimum hourly wage of $14.00. Employers with less than 26 employees must pay an hourly minimum wage of $13.00.

Also included in this employee rights section, you will find helpful articles covering overtime pay, family and medical leave, and the right to safe working conditions.

Sexual Harassment – Hostile Work Environment – EEOC Claims

Sexual harassment is a form of discrimination, specifically a violation of Title VII of the Federal Civil Rights Act. This section explores the legal implications of on-the-job sexual harassment, which is defined as any unwelcome sexual advances, requests for sexual favors, or any communication of a sexual nature.

Finally, learn why it’s legally required to make an EEOC claim and why you need a “right to sue” letter from the EEOC.

Ending The Job – Discrimination – Wrongful Termination

If you believe you were wrongfully terminated in violation of the law, learn what you can do and what you may be entitled to in monetary damages from the company.

Learn what happens when job termination is based on gender, age, disability, pregnancy, and race discrimination.

The range of protected disabilities includes those with physical disabilities as well as job applicants and workers who fall under the category of being neurally diverse, such as those with Dyslexia.

Today, the Americans with Disability Act protects individuals with Dyslexia from discrimination in both the hiring process and on the job.

People with Dyslexia are now fully protected in asserting their right to request their employer to afford them reasonable accommodations, so long as those accommodations do not cause the employer undue hardship.

An experienced wrongful termination lawyer can advise you of your legal rights and guide you through the administrative and legal process.

Job Loss – Helpful Services and Resources

Moving through life’s legal troubles is hard work, but it can bring important new insights and new opportunities. Consider starting a new career, and learn about online vocational training and online education and degree programs.

This job loss helpful services section also offers free employment law advice information on professional resume services.  Learn how to start your own online business. If you have immediate financial needs, consider reaching out to fast-cash and emergency online lending sources as well as public services.

Featured Employment Articles…

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