Frequently Asked Questions
Employment law is confusing and changing every day. There are many myths and misconceptions about employment law. A few examples are listed below:
Q. I've been told that I am an at will employee. Does that mean that I have no rights?
A. No. Being an at will employee simply means that you dont have a contract of employment for a specific period of time. You still have many rights, including the protections against discrimination, harassment and retaliation that are provided by federal and state law.
Q. I frequently work more than 40 hours a week, but I do not receive overtime because my employer has designated me as a salaried worker. Can they do that regardless of my responsibilities?
A. Usually not. The default position is that all employees are entitled to overtime compensation. An employer is only allowed to deny you overtime if your duties fit certain exempt classifications and if they pay you on a salaried basis. Just because they've called you salaried does not mean they are following the law. It all depends on your particular circumstances.
Q. My employer's Employee Handbook says that we are supposed to get warnings before being terminated. If they fire me without those warnings, have I got a claim?
A. You may. Most employee handbooks contain disclaimers that say that they are for informational purposes only, and are not to be considered contracts. Depending upon the particular handbook, you might have contractual rights that a court will enforce. Even if you don't have such rights, statements in handbooks sometimes are relevant evidence to support other legal claims, such as discrimination. Each case is different.
Q. I have always believed that an employer cannot fire an employee without giving first giving warnings and probation. Is that true?
A. Usually not. There is no general legal obligation to give warnings before terminating an at-will employee. Promises contained in a contract or employee handbook can sometimes create such an obligation. Each case is different.
Q. My friend was fired for something she didn't do. Does she have a claim, even though she is an at will employee?
A. Perhaps. Employers often build a file of false write-ups or other disciplinary actions to justify terminating someone, when the real reason is discrimination or retaliation. Also, depending on the particular circumstances, she may have a claim for defamation if the person accusing her falsely knew that the accusation was false and made the accusation in order to get her fired. These are difficult claims to prove, however.
Q. I was injured on the job and now have a permanent impairment to my back. Can they fire me if I can't do the job as well as I once could?
A. Maybe. You may have rights under State and Federal disability discrimination laws. Generally, if you have a permanent disability, you may have the right to an accommodation in order to assist you perform the job. If you can perform the essential functions of your job, with an accommodation, your employer must provide such an accommodation as long as it does not cause undue hardship. Your employer usually cannot fire you just because you asked for such an accommodation.
Disclaimer
The materials in this Web site are provided for informational purposes only and do not constitute legal advice. This Web site is not intended to create an attorney-client relationship between you and The Pantuso Law Firm and you should not act or rely on any information in the site without seeking the advice of an attorney.
