Employment Law area

Employment and Labor laws: Know your legal rights at the workplace and protect your job! Need legal advice? Click "ASK OUR LAWYERS" above. This area of law also covers: Contract law.

Legal Tip of the Week

Retaliation and unlawful termination

By WORLDLawDirect  [October 5th, 2016]

Unlawful termination is not covered under federal law unless a specific statute such as those discussed above are involved. However many states have unlawful termination statutes or case law which protect workers who have a written employment agreement, or who were led to understand by the employee manual or other method that there would be certain rights and due process procedures involved in any termination. Union contracts almost always have job protection rules with complete arbitration clauses which can serve to protect the worker well if fully invoked. However if there is no union contract, then the degree of protection is usually less and depends on the current law of the state in which the employment occurred, or where the original hiring agreement took place. >> MORE

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FAQs

Your most common questions answered:

What questions does your previous employer have to answer?
[May 7th 2012]
Most organizations that have been given the proper legal advice will only disclose three pieces of information about you, no matter the quality of the job you did:
  • Dates you were employed.
  • Your job description or employment capacity.
  • Your salary information.
Some information is absolutely prohibited from disclosure:
  • School records, without your consent;
  • Criminal history, though this varies from state to state and the nature of the prospective employer;
  • Medical records, without your consent;
  • Questions about a disability you may have, unless that disability impinges directly on your ability to perform the job even if the prospective employer makes "reasonable accommodations";
  • Certain governmental records, such as personnel records of local or state employees (in some jurisdictions);
  • Your history of worker's compensation claim(s).
  • Your driving record is public record and can be released without your consent.
I think I am about to be fired, what should I do?
[November 21st 2013]
Labor law, employment law and termination issues: If you have been warned about something, think about the issue and perhaps reflect with friends and family. You may have to consider changing your work behavior. If you disagree about the matter ask for written clarification to be put in your file. Also consult your company employee handbook or policy book and see if you are entitled to any internal procedures, legal procedures or reviews of the issue. Keep a record of anything that seems wrong or that you may need to discuss with a lawyer or other employment person in the future-include dates and times. You may also want to consult officials at your state or federal employment office. If you cannot resolve the issue and you think the termination was not justified or was done for illegal reasons such as age or race discrimination, sexual harassment etc., feel free to contact us and to discuss your situation.
Can an employer ask an employee's debt collector to stop calling?
[September 9th 2016]
Yes. In fact, it is a violation of the federal Fair Debt Collection Practices Act for a debt collector to contact you at work if your employer disapproves and they are informed of this fact by you or your employer. You or the employee can tell the debt collector to stop. Simply interrupt him and say, "This is my work number. Do not call me here again." And then hang up. 99% of the time, that will take care of it.