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.
Wage & Hour Disputes
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 Beal, LLP today at (404)
471-3725 for a case evaluation!