Right of an Employee
by Himanshu Joshi
In US, Every employee, irrespective of gender, color, race, national origin, religion, age, or disability, is provided with equal opportunities and benefits at the work place. In no circumstances, an employer can disregard the rights bestowed by both the state and the federal laws.Both federal and state laws prohibit discrimination based on race, sex, religion, national origin, physical disability, or age. The law protects even a job applicant, employer cannot discriminate against an employee at any stage of the employment, hiring, promotion, job assignments, providing benefits, compensation, termination, and post-termination benefits. Employer cannot retaliate against an employee because he/she filed a discrimination complaint, opposed discriminatory behavior, testified, or participated in an investigation, a proceeding, or a hearing. The law prohibits the employer from harassing the employee. The employer cannot display hostility, aversion or degenerate employer’s reputation through verbal or physical conduct. Both the state and the federal laws consider it illegal to harass the employee because of his/her race, creed, color, religion, gender, nationality, age, or disability. Any behavior at the workplace that has the purpose or effect of unreasonably interfering with work or performance, has the purpose or effect of creating an intimidating, hostile, or offensive work environment, or adversely affects that individual’s employment opportunities, is considered illegal. Most of the employer follow the doctrine of employment at will, that is, both employer and employee can terminate a working relationship without prior notice or reason. Almost all States of US follow this doctrine, however, there are certain exception to this doctrine. If the termination breaches an employment contract, violates public policy then it is an exception and makes Employment at Will doctrine irrelevant. Other possible exceptions are breach of the covenant of good faith and fair dealing, retaliation against whistle-blowing, filing worker’s compensation, discharge based on discrimination, defamation, for requesting rights under Family Medical Leave Act (FMLA). Occupational Safety and Health Administration (OSHA) protect employees against unsafe working conditions. In certain states, employees have the right to refuse to work, even if the unsafe working condition is not life threatening. Employer cannot retaliate against an employee for filing a safety complaint. Fair Labor Standard Act (FLSA) provides the minimum wage provision. Many states have their own minimum wage laws. And, when the state and the federal wage laws conflict, employers must apply whichever minimum wage standard is higher compared to the other. Employers cannot discriminate against any employee, because of gender, age, disability, national origin, race, or religion. Most of the times, employees are unaware about the rights and privileges bestowed to them by both the federal and state laws. However, it is imperative that each employee knows about his/her rights at the work place. Whether or not you are in a problem, one should be aware about the rights, it immensely helps in addressing the issues and problems arising at the workplace, in a better way.
About the Author
Anshu S. is a researcher with www.mypersonnelfile.com, a website that provides comprehensive information on employee's right in US She has done in depth research on employee rights and related issues, and has helped in developing the content on employee right. She has also written articles on woman’s employee rights, sexual harassment and other issues. She can be reached at service@mypersonnelfile.com Visit their website at: http://www.mypersonnelfile.com
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