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Employment Law Frequently Asked Questions

Employment Law Frequently Asked Questions

When Can My Employer Fire Me

To give a short answer, it depends. There are two basic types of employees in America: at will employees and contract employees. If you signed a contract that guaranteed you employment for a period of time, your employer is bound by it. If you were fired in violation of the contract's terms, you can sue for back pay and interest. However, most employees work on an at will basis. This means that the employer can fire them at any time for any reason. An experienced employment lawyer can sometimes defeat this rule by arguing that the employer's conduct established a de facto contract.

Does My Right To Free Speech Extend To The Workplace

In most situations, the First Amendment applies only to actions taken by the government. As a result, employers can limit the free speech rights of their employees. In some cases, however, these limits could constitute illegal discrimination. If you believe that your right to express yourself was limited because of your race, gender, nationality or religion, you should contact an attorney immediately.

Are There Rules Governing Overtime And Breaks

Numerous federal statutes, including the Fair Labor Standards Act of 1938, require employers to follow certain rules regarding overtime pay and fair compensation. Many states have local rules that offer even greater protection. Do not simply assume that major corporations always follow the rules. In recent years, numerous companies have lost class action suits related to labor violations. If you have doubts about a company policy, you should contact an attorney.

Does My Boss Have To Pay My Medical Bills

Under the rules of workers' compensation, employers are responsible for any work-related injuries. This means that if you were acting on your employer's behalf when the injury occurred, you are entitled to compensation. In some cases, an attorney can help you target a third-party, allowing you to recover amounts far in excess of a workers' compensation settlement.

Contact An Attorney

While this article provides a good starting point for understanding your rights, only a qualified employment lawyer can adequately address the unique facts of your case. If you believe an employer violated your rights, you should contact an attorney today.