Lawyers Share 8 Things They Wish People Knew About Employment Rights

Employment rights encompass the legal framework around the relationship between employees and employers. These rights give both sides a better idea of what they can and cannot do in the course of an employment relationship.

Whether you are working from home, or want to negotiate your employment situation, understanding your employment rights can help. We explore what lawyers wish you knew about these important rights.

The term employment at will means that your employer has the ability to fire you under almost any situation, whether there's a clear reason for your termination or not. 

"However, if someone is fired for a reason that is against the law, such as being fired due to discrimination based on gender, race, disability, a medical/maternity leave or other protected characteristics, or if someone is fired in retaliation for a legally protected complaint, they still may have a legal claim to challenge that termination and recover damages," according to Lawrence M. Pearson, Partner at Wigdor LLP.

If you believe you were fired for one of these illegal reasons, you may want to get in touch with a lawyer to see if you have any recourse.

If you are stuck in a bad employment situation, it might be tempting to record the conservations to prove your side of the story. 

However, Pearson says that this could get you into hot water if your state — or the state where the person you are recording resides — has laws protecting against recording without consent.

"Recordings that violate a law can undermine other legal claims that an employee may have to address a bad situation at work," Pearson says.

In many states, breaks are required, which is why Camron Dowlatshahi, a partner at MSD Lawyers LLP advises people to take the time to find out what the rules are for breaks in the state where you work. 

If your employer isn't complying with the break rules, you could bring it up to a supervisor.

"There are typically strict meal and rest break laws for hourly employees in every state,"

Dowlatshahi continues, "In California, for example, hourly workers must be given a 30-minute meal break after their 5th hour of work. If the break is late, short, interrupted, or missed, the employee is entitled to a full hour of pay."

When onboarding with your employer, you might skip through the contracts to sign on the dotted line. But contracts deserve more of your time, according to Aleks Kukolj, an employment lawyer at Bay View Law, since these legally binding forms represent the bedrock of any employer-employee relationship.

"I wish employees better understood the power of contract [as] employment relationships are, first and foremost, contractual relationships," Kukoji continues. 

"Employees who adopt this frame of mind can set themselves up to negotiate better arrangements rather than waiting until things go sideways and counting on their basic rights to provide some relief."

Although it might go without saying, it's illegal for your employer to discriminate against you for things beyond your control. But the specifics on those laws can vary from state to state.

For example, in Washington D.C., employees have protections under the Washington DC Human Rights Act (DCHRA). 

"This law prohibits discrimination based on various categories such as race, color, national origin, sex and sexual orientation, gender identity, age, disability and religion," according to Roy L. Kaufmann, president and attorney at Servicemembers Civil Relief Act Centralized Verification Service.

Your employer cannot ask you to work for free. "If your employer expects you to prep before your shift, stay late to finish work, or answer emails 'just real quick' after hours — without pay — they're breaking the law," according to Erik Kingsley, partner at the California-based Kingsley Szamet Employment Lawyers.

"It doesn't matter if they say it's part of the culture or that 'everyone does it,'" he continues. "Work means pay. Period."

Although harassment is sometimes physical, it doesn't have to be physical to qualify as harassment. "Some people think workplace harassment only matters if it gets physical," Kingsley says, noting that harassment can come in all shapes and sizes.

"If your workplace feels like an episode of a toxic reality show — hostile comments, crude jokes, intimidation — you might have a case," Kingsley continues. "Harassment is about creating a work environment that makes you feel unsafe or unwelcome, not just unwanted touching."

Employers can't just deduct whatever they want from your paycheck, according to Adam Dayan, founder of Consumer Law Group, LLC.

"They can't take money out for things like damaged equipment or customer walkouts," Dayan says, noting that you'll need to check the laws in your specific state to find out what does, and does not, qualify for deduction. "For most legit deductions, your employer needs your written okay. If they didn't ask, it might be sketchy."

Most of us depend on our paychecks to cover expenses and build wealth for the future. As you navigate your career, understanding your employment rights can help you protect your wealth from the devastation of an unwarranted job loss.

If you think your employer may be in violation of your rights as an employee, you may want to contact a local lawyer to learn more about the laws in your state.