| When people call me about employment issues they | | | | your "contract" of employment. The employer must |
| don't realize one important law- in almost every state | | | | follow any terms in those documents. There are also |
| you are terminable at will. That means that your | | | | labor laws in each state that require payment for |
| employer can fire you anytime and for no reason at all. | | | | overtime, limited hours of work for certain jobs and |
| The only way you are protected from being fired on | | | | notice of your termination date and your health |
| the spot without notice is if you have a contract of | | | | insurance termination dates and proper notice is |
| employment. A contract of employment must be in | | | | required as to how to extend your health benefits |
| writing and should specify your length of employment, | | | | ("COBRA"). Also, law specify that an employer must |
| salary, terms of employment, vacation, bonus | | | | pay you at least every two weeks, so if your fired |
| calculations, the basis of termination and any warnings | | | | and the employer doesn't send your last check to you |
| to be given (make it at least 3 warnings if you can) | | | | on time an dholds it back-he violated labor laws and |
| prior to termination and must be signed by your | | | | can be held liable to you for extra money you pay to |
| employer, among other things. | | | | recover your wages. |
| Now, most people never get employment contracts | | | | For instance, in New York the Labor Law mandates |
| because their employers do not want to lose the right | | | | proper notice of employee termination and benefits |
| to terminate you with or without cause. But there is a | | | | termination. An employer failing to follow the Labor |
| saving grace--if your employer wrote an intial offer of | | | | Laws is penalized under Labor Law 198, in addition to |
| employment letter and you commenced employment | | | | ordinary costs lost by the employee he must pay a |
| based on that letter, you can use the terms in that | | | | reasonable sum for expenses which may be taxed as |
| letter as your contract of employment. Hopefully the | | | | costs are allowed by the court. Furthermore, in any |
| letter spells out your salary and length of employment | | | | action instituted upon a wage claim by an employee |
| because there are cases where if your fired before | | | | which the employee prevails, the court is required to |
| the end of the term in that letter than you can be due | | | | allow such employee reasonable attorneys' fees, |
| the balance of your salary for that term. So, if your | | | | Labor Law 198(1-a), and upon finding that the |
| salary was $40,000 for the year and the offer of | | | | employer's failure to pay the wage specified by |
| employment letter states your term is 1 year then if | | | | statute was willful, an additional amount as liquidated |
| your fired in the first 2 months, your due the balance of | | | | damages equal to twenty-five percent of the total |
| 10 months salary. And if your employer has an | | | | amount of wages due is also paid to the employee. |
| Employee Handbook with rules and regulations therein | | | | Labor Law 198(1-a). Case law holds an award of |
| (usually terms of termination, warnings, vacation pay) | | | | liquidated damages to employees proper where the |
| then that Handbook is also a binding "contract" of | | | | employer knowingly, deliberately and voluntarily |
| employment. Read the terms of your Handbook | | | | disregarded its obligation under the Labor Law to pay |
| because it may spell out how and when you can be | | | | the employees' commissions, which would be deemed |
| terminated which may or may not be good for you | | | | "willful" failure to pay wages. P & L Group, Inc. v |
| depending on whether or not it limits the employer's | | | | Garfinkel (1989, 2d Dept) 150 AD2d 663, 541 NYS2d |
| liability for terminating you. On the other hand, if the | | | | 535. |
| Handbook has terms regarding certain pre-warning | | | | So, don't despair if your employer gives you a hard |
| procedures before terminating you an dthose | | | | time when your fired--there are laws requiring him to |
| procedures were not followed , then you can enforce | | | | pay your wages and your Employee Handbook and |
| those procedures as terms of your contract. If your | | | | Offer of Employment Letter also can be used as valid |
| employer breached those terms he most likely must | | | | contracts to support your position for wages. |
| re-instate your employment and follow those | | | | This article is certainly not all inclusive and is intended |
| procedures before terminating you. | | | | only as a brief explanation of the legal issue presented. |
| The most important part of your employment is getting | | | | Not all cases are alike and it is strongly recommended |
| paid, so if your employer fires you and refuses to pay | | | | that you consult an attorney if you have any questions |
| you what you understand to be due you, then use | | | | with respect to any legal matters. |
| your Offer Letter and the Employee Handbook as | | | | |