Corporate Employment Law

The application of Unlawful Harassment and Wrongful Termination laws to At Will Employment

Labour laws are complicated affairs, with different statutes handling different components. They govern the relationship between the employer and the employee. They also empower the concerned authorities to address all kinds of disputes originating at the workplace and administer the system enforcing responsibilities of the employer towards the employee.

While there are federal regulations in the US governing labour and related affairs, each state has also enacted its own legislations to address labour issues. An at will Employment scheme is also present in many states, where in neither the employer, nor the employee are bound to any liability if no contract has been signed. If an individual is hired at will, then the employer can freely relieve that individual under valid or invalid reasons, or no reason at all. Similarly, the employee can also desist work at will without having to adhere to any rule.

However, exceptions of some complexity are applicable to this arrangement. Some states decree it illegal for an employer to dismiss an employee even when just an implied contract is present. Also an individual can file a claim against an employer if he or she has been discriminated in the name of sex, colour, religion, nationality, age or disability. An employer can not discharge an employee for availing medical or family leave as described under the state labour laws. The employer has to follow the protocol they themselves have formulated for discharging an employee. Otherwise the termination would be null and void and the employer is liable to legal charges.

by: Jack Copper

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