When an employee is having problems with the wages they receive, workplace discrimination, or disciplinary actions that they feel are unfair and may affect their employment, it can be difficult to know where to go for answers. However, there may be a number of different places where they may be able to find advice on how to handle the situation and what their rights are.
Employee handbooks are often the written compilation of a company's policies on a wide variety of work-related topics. These handbooks normally provide useful information about:
A good way to resolve a workplace dispute is to talk with your employer about the problem. However, before you talk to your employer, you should read all the relevant written policy material before talking with your employer. Additionally, you should summarize the problem in writing before discussing it with your employer. Be certain to focus only on the facts of your problem, and not the angry emotions. Furthermore, before finishing the conversation, try to agree with your employer on what will be done to resolve the problem.
Employers should have policies for disciplinary actions in the employee handbook. If you believe you have been disciplined without reason, you can take a number of precautions:
Under federal law, most employees are entitled to a minimum wage for every hour they work. State laws can often require the minimum wage to be higher than the federal minimum wage. Additionally, employers are required to pay their employees 1.5 times the hourly wage for every hour the employee works over 40 in one week. There are some exceptions to these laws, such as for executives, employees working for tips, and emergency safety workers. Generally, however, most employees should receive a minimum wage and appropriate compensation for overtime hours worked.
Federal law and some state laws prohibit an employer from basing employment decisions on certain characteristics. The employment decisions include firing, hiring, promotions, pay, transfers, etc.
The characteristics protected under the federal law, and some state law, include:
An employment attorney can advise you if you feel that your problem with your employer or a co-worker is not going to be resolved agreeably. Additionally, if you believe you have a discriminated against, an attorney can assist you with the required federal and state filing procedures. If you are an employer, an attorney can help you understand your options and provide guidance on resolving the workplace dispute.
Last Modified: 04-16-2018 11:24 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.