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workplace discrimination. Religion, race, gender, and national origin are some of the aspects based on which an employment cannot be terminated. Equal Employment Opportunity Commission may be able to provide more information regarding this. If there is an employment contract or an employment manual, the terms and means to terminate an employee would be mentioned in it and the employer would need to abide by it. For the sake of a healthy working relationship, it is important that both the employee and the employer understand the employment law and its various rules. You may ask an employment lawyer if you don’t understand any aspect of employment law. ">To safeguard the interest of both the employer and employee; employment laws and regulations have been made. Concerns regarding wages, benefits, non-discrimination, health and safety are some of the aspects that are covered by this law. Q. The employee enrolls for a pre-tax benefit. However, the employee wants to cancel it and the employer does not have an issue as well. There is no deduction made yet. Can the cancellation take place as there is no tax break provided or deduction made?
The pre-tax benefit that the employee has enrolled into is an ERISA controlled plan or IRS governed plan. Once the enrollment takes place, it can be altered only during the next cycle of enrollment period. The employer would not be able to make any changes that go against the Internal Revenue Code. Services of a lawyer may be hired to ascertain the options available once the lawyer has review and analyzed the facts. Q. There is no vacancy for a job in a large university. However, they still continue to advertise that there are open positions and call for applications. Can this be termed as violation of federal employment law?
Institutions or companies keep hiring candidates to replace existing staff or with the idea of expanding. Therefore, this cannot be treated as a violation. A case may be filed if one feels that a fraud was committed or if facts were misrepresented. Q. A company in Georgia does not have the money to pay the employees. Therefore, the company has requested the employees to work for some more time so that the back pay can be cleared. An employee does not want to continue working, but is scared that the company may hand over a separation notice indicating that the employee has resigned and not as being laid off. This will make it hard for the employee to file for unemployment. What can an individual do in such a situation?
One has to be paid on time for the work that has been performed. Considering the above situation, one may file for unemployment and request for a constructive discharge on the basis that the employer is not in a position to pay. Q. Consider a situation where an employee was working for a company in the state of Georgia. The employee received a disciplinary letter and quit after that. The employee had 80 hours of PTO to his/her credit. He/she has read in the employee handbook that in the absence of a state law to the contrary, an employee will be entitled for a payment only if a year at work is completed. The employee wants to know if there is any help available for him/her as per employment law.
There are no laws in the state of Georgia that govern vacation leave. Therefore, the employee may not be entitled for payment towards the accrued leave and it is up to the discretion of the employer. Q. Husband and wife are employed in a company in Texas. The husband’s brother has interviewed for a job in the same company. The brother was involved in telemedicine earlier and had pleaded guilty and the court is yet to deliver a sentence. The company does not want its reputation to be tarnished due to any issue as it is in the process of going public with an IPO. Can the company fire both the husband and wife as they had concealed or did not inform the company of the brother’s situation with law?
Texas is a “right to work” state where it is not required for an employee to become a part of the union to secure employment. An employee can be fired from work at any time unless it is against the law or due to workplace discrimination. Religion, race, gender, and national origin are some of the aspects based on which an employment cannot be terminated. Equal Employment Opportunity Commission may be able to provide more information regarding this. If there is an employment contract or an employment manual, the terms and means to terminate an employee would be mentioned in it and the employer would need to abide by it. For the sake of a healthy working relationship, it is important that both the employee and the employer understand the employment law and its various rules. You may ask an employment lawyer if you don’t understand any aspect of employment law.
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