Despite much awareness, many people still are confused about employment law. So if you are looking for some valuable information about this concept, you’ve come to the right spot. Here are a few things everyone should know about the employment law:
5 Things to Know About Employment Law
1. An Unfair Termination is Not Always Illegal
Contrary to what you have read or heard, unfair termination might not always be illegal. Keep in mind, an employer can terminate at-will anytime. This is why it is best for you to read your contract when signing it. Most of the time, the employer will also not be required by law to present a valid reason for termination. However, there are several instances when an unfair termination will be regarded as illegal, such as:
- Termination based on race, color, sex, religion, gender, sexual orientation, or any physical disability. If you are terminated on the basis of any of these, you can file a lawsuit against the company.
- If you try to enforce your legal rights, such as not being paid the monthly wage.
- In case you have reported about your employer to the government agency or the company owners, your manager might fire you
2. You Might Gravitate Towards the Waiting Time Penalties
In case there has been a delay in your salary, you will be entitled to the waiting time penalties. In this situation, you will be paid all the wages upon the termination of your contract. For example, if you are terminated three days before the expiration of your contract, your employer will have to pay you all the wages immediately. However, if the employer doesn’t pay you during this time, your termination will be regarded as illegal, and you will have a chance to knock on the door of the courtroom.
3. You Stand a Chance to Go Through Your Personnel File
Every employee, regardless of their designation in the company, stands an absolute chance of going through their personnel file to see how they have been performing in the company. Secondly, the personnel file is also inclusive of several details of the employee, so the company cannot keep this document away from them. So if you have been terminated by your employer, you can ask them to produce this file in front of you. If you come across strong facts that support your performance in the company, you can use them as evidence to support your claim. Most government employees are entitled to their personnel files during their work span.
4. The Conventional” Use it or Lose it” Policy is Illegal
When you are terminated from work, you stand a strong chance to receive the wages of your unused vacations. However, some employers play a different game by not allowing the employees to take vacations from work. Don’t fall for this trap and know your rights as an employee of the company. However, your employer might set a defined quota on the number of vacations you can take during the year. If you have been struggling with your employer’s unfair denial of the vacation wage, you can hound them. Hire an employment lawyer, if you want to get the maximum compensation in your case.
5. Many Workers Are Entitled to 12 Weeks of Unpaid Medical Leave
If you just had a baby, you can avail of the 12 weeks medical leave from work. Secondly, if your spouse has a serious health condition, you can register a medical leave in the company too. With that said, your employer has to make sure your medical benefits are maintained during the process. However, if you want to qualify for such a leave, you must fall within the following criteria:
- You should be a part of a 50 members team under your employer
- You must have a history of working with the company for a year or more
- You must have completed 1250 hours of work at your office