Employment attorneys offer help on all aspects of employment law, including the hiring and termination of employees, workplace injury issues, sexual harassment situations, discrimination and wrongful termination issues, and family and medical leave. An employment attorney can also assist you with post-employment issues. Further, employment attorneys can help you understand your rights and obligations surrounding the many employment-related matters that can often be all too complex and demanding. Such demands require an experienced employment lawyer who can help clients understand their rights and obligations under the law.
Employment law is the branch of the legal profession that deals with employment related issues. It concerns all aspects of employment law, including the hiring and termination of employees, workplace injury issues, sexual harassment situations, discrimination and wrongful termination issues, and family and medical leave.
Further, employment law covers issues related to wage rights, overtime, time off, and harassment. The relationship between employer and employee must ensure that an environment is not hazardous to an employee's health or safety.
Under federal law, an employer doesn't have to hire or promote the most qualified applicant, but the employer cannot base decisions on personal characteristics that are not job-related. These characteristics often include:
Age
Race
Sex
Religion
National origin
Disability
Nor is an interviewer allowed to ask questions relating to these characteristics. Interview questions that aren't allowed include:
Are you married? Are you planning to get married?
Do you have children? Are you planning to have children?
Where were you born?
What's your sexual orientation?
Have you ever been arrested?
An interviewer can, however, ask about a personal characteristic, and if it could hinder one's ability to fulfill the job's requirements. Some examples might be:
Have you ever been convicted of a crime?
Can you prove that you are eligible to work in the US?
Can you do this job with or without reasonable accommodations?
When it comes to terminations, particular laws also apply. Employers are not allowed to terminate or discriminate against employees for the following reasons:
Age
Race
Sex
Religion
National origin
Disability
Pregnancy
Further, it's illegal for an employer to terminate an employee:
For refusing to break a law
In retaliation for filing a discrimination or safety claim
For taking leave under the Family and Medical Leave Act
Without following its own stated procedure or policy
For reasons not contained in the employment contract, if one exists
It is important that Human Resource departments be familiar with employment laws, as it addresses how a company may hire and fire workers, as well as what personal information the department may and may not ask of the employee. An employment lawyer can help both employers and employees understand the responsibilities, rights and obligations surrounding the many employment-related matters that can often be all too complex and demanding.
