Top 5 Critical Things to Consider When Dealing with at Will Employment
At will employment plays a huge role in hiring and employment law within the United States2 min read
At will employment plays a huge role in hiring and employment law within the United States. In New York, there are many regulations that have to be considered to ensure the rights of employees are being upheld. Unfortunately, it is not always clear what employers’ rights and responsibilities are with regards to at will employment, so the following is a look at five important things to consider.
When dealing with at-will employment, the most important thing to remember is that in the absence of an employment contract, employment falls under the laws of at-will presumption. This means that either the employer or the employee can terminate the employment at any time without cause or notice. There are federal laws that come into play here, such as the Civil Rights Act, the Fair Labor Standards Act, and the Americans with Disabilities Act, which protect worker's rights and prevent discriminatory practices against certain classes of individuals. Specifically in New York, it is important that employers comply with the New York State Human Rights Law, which prohibits discrimination in the workplace based on age, gender, race, and other protected classes.
Second, employers must be aware of what is considered to be an “implied contract”, which is created when an employer makes statements or provides incentives for employees to believe that the job in question is guaranteed for a certain period of time or in exchange for certain conditions. While these types of contracts are rarely enforced in court, it is important to be aware of them and the potential for a legal claim.
Third, employers must be aware of certain restrictions placed on at-will employers by federal and state laws. These restrictions can be found in the Employee Polygraph Protection Act, the Americans with Disabilities Act, the Equal Pay Act, the National Labor Relations Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act, and the Occupational Safety and Health Act. In New York, employers must also follow the Wage and Hour Law, the New York State Human Rights Law, the New York Employment Discrimination Law, and the New York Workers Compensation Law.
Fourth, employers should familiarize themselves with the variety of rights that employees have with regards to at-will employment, such as unpaid wages, overtime pay, workplace safety, minimum wage, record-keeping requirements, and the right to file a complaint with the Equal Employment Opportunity Commission.
Lastly, employers must ensure they are well informed on the rules and regulations of at-will employment in New York. This includes knowing the differences between the federal and the New York state regulations in terms of severance payments, non-compete agreements, overtime requirements, and other important regulations. Employers should also be aware of the possible sanctions for any violations of the law. It is recommended that employers research the UpCounsel website and contact local legal counsel for a thorough understanding of the applicable laws.
Understanding these critical things to consider when employing at-will employees in New York is important to the overall health and success of any business. Knowing the rights of employers and employees is key to avoiding legal disputes or conflicts that could otherwise cost the business significantly.
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