Every state has laws that govern the relationship between employers and employees, ranging on how much an employee must be paid, when they hit their overtime hours, responsibilities employers have to their workers, and what employers can expect from their employees in return. However, every employer-employee relationship is different, and these differences often give rise to disputes, some of which turn into legal issues. If you own a business, it’s not unlikely you’ll face one of these disputes, so here’s a little bit of information about four of the most common types of disputes you might face so you can prepare for them ahead of time.
Terminating the employment of an employee can be tricky, which is why most employers choose to employ their staff on an “at-will” agreement. However, this doesn’t always stop employees from trying to sue their former employer for wrongful termination. You’re forbidden from firing someone because of age, sex, sexual orientation, and other factors, but you are not forbidden from doing so for performance, conduct, or excessive discipline. It’s strongly advised you have an attorney on your side if you are served notice of one of these suits.
How an employee is compensated is often up for debate as well. While this isn’t always common when it comes to entry-level workers, executives are often compensated with packages that include things like stock options, performance bonuses, retirement contributions, and more. The more complex a compensation package, the more disputes will likely arise when confusion occurs. This is often the result of improper taxation withholdings and other employer mandates.
As stated previously, employers are forbidden from discriminating against their employees on many different regards. For example, employees may not be given reduced hours, wages, or preferential treatment because of their age, gender, orientation, employment history, and more. However, it goes beyond simple identity issues—those who file a workers’ compensation claim or sexual harassment complaint cannot be punished for coming forward, including termination, demotion, or hour reductions.
Employees have the right to expect a workplace environment that allows them to work without constant teasing, pressure, or harassment because of something about them. The most common type of harassment is sexual harassment, which includes unwanted advances or being subjected to jokes or contact of a sexual nature without consent or desire. As an employer, you have a responsibility to provide employees who are being harassed with recourse for reporting the harassment as well as investigating the claim and then ultimately acting appropriately based on your results.
Facing an employment law dispute? Call Buckley Bala Wilson Mew LLP today at 404-781-1100 for a case evaluation!