Did you know that there are many sides to employment law? Most people are only aware of the basics, such as the right to be paid a minimum wage and receive overtime pay. There are many other aspects of employment law that business owners should be aware of. We will discuss six essential things you need to know about employment law. This information is crucial for business owners who want to stand by the law and protect their employees.
An unfair termination is not necessarily illegal
If you consider terminating an employee, make sure you have a valid reason for doing that. You have to be sure that you follow the correct procedure for terminating an employee. Otherwise, you could be facing a wrongful termination lawsuit. Just because an employee was terminated, it does not mean that they were treated unfairly. There are Gold Coast employment lawyers supporting employees across all fields, so you can be sure that you will be held accountable for any wrongful terminations. In most cases, an employee can be terminated for a valid reason, such as poor performance or violating company policy.
You have the right to see your personnel file
In most states, employees have the right to request and inspect their personnel files. Including performance reviews, disciplinary records, and any other documents that pertain to their employment. If you are an employer, you must keep accurate and up-to-date records of your employees. It will help you defend yourself against any claims of discrimination or unfair treatment. In some cases, employees may not be allowed to see their personnel files if doing so would jeopardize an ongoing investigation. If there isn’t an investigation, the employer must provide the employee with access to their personnel file within a reasonable time.
You may be entitled to “waiting time penalties” if your final wages are late
If you are an employee who is owed wages, you may be entitled to waiting time penalties. It is a penalty imposed on the employer if they do not pay the employee their final wages on time. The penalty amount depends on the state, but it is typically one day’s worth of wages for each day that the payment is late. Business owners tend to be unaware of this penalty, so it is crucial to know if you are owed wages.
Workers can get 12 weeks of unpaid medical leave
Under the Family and Medical Leave Act (FMLA), workers are entitled to up to 12 weeks of unpaid medical leave. This leave can be used for the employee’s health condition, or to care for a family member who is ill. The FMLA applies to employers with 50 or more employees, and the employee must have worked for the company for at least 12 months. Most states also have their laws providing for medical leave.
Your employer cannot deduct money from your pay if you make a reasonable mistake
If you make a mistake at work, your employer cannot deduct money from your pay. Mistakes are a part of life. If the mistake is egregious or intentional, the employer may have grounds to take the money from your paycheck or do some other disciplinary action. It is true even if the mistake was reasonably foreseeable. If you accidentally break a piece of equipment, your employer cannot deduct the cost of the repairs from your paycheck. Most employers have an employee handbook that outlines the company’s policy on mistakes and disciplinary action.
You could be eligible for unemployment insurance if you were fired or quit your job for a good cause
If you got fired from your job, you might be eligible for unemployment insurance. It is a government-sponsored program that provides financial assistance to workers who have lost their jobs through no fault of their own. To be eligible for unemployment insurance, you must meet some criteria, such as being actively looking for work and being able to work full-time. If you quit your job, you may also be eligible for unemployment insurance in case you can show that you had a good reason. For example, if you quit because of harassment or discrimination, you may be able to collect unemployment benefits.
There are many aspects of employment law that both employees and employers should be well-informed about. These six points are just a few of the things that you need to know about employment law. If you have any questions about your rights or responsibilities at work, you should consult with an experienced attorney. Employment law is complex, and it is always changing. An attorney can help you navigate the laws and protect your rights. Thanks for reading!
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