Employment Guide

Basics of Employment Law
A basic premise of employment law is this: without an express contract of employment, an employee is generally viewed by the law as serving in an ´at-will´ context. This means the employee may quit at any time without penalty. Also, however, the at-will rule generally allows the employer to terminate the employee at any time. However, the ´at-will´ rule for employers is modified by many laws, both statutory and judge-made. This website addresses these issues for the reader's benefit. 

Discrimination
An employer normally may not mistreat an employee for a discriminatory reason. This rule applies to harassment, demotions, wage decreases, layoff selections, and job terminations. Unlawful discrimination includes race, gender (i.e. sex), national origin, disability, age and religion discrimination. It is not necessary that direct discriminatory statements be made to the employee for these laws to apply. Of course, though, discriminatory statements can serve as proof of unlawful treatment. Unequal treatment alone is a common basis for proving discrimination at work. 

Retaliation
An employer generally must avoid retaliating against an employee who has said or done something at work which is ´legally protected activity.´ What qualifies for protection from retaliation? Examples include statements to management or outside governmental agencies about workplace discrimination, or other types unlawful behavior in the workplace. So, reporting a crime protects the employee from retaliation by the employer. So does reporting discrimination at work, or serving as a witness to discrimination. In virtually all states, too, reporting a work injury protects one from retaliation. 

Additional Resources
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