Rights of Employee at the Workplace through the Law of Employment, State Contract Law, American with Disabilities Act – Term Paper Example
Human Resources Human Resources The law of employment caters to all types of right and duties of the employer and employee. The law has rules for everyone from current employees, old employees or those applying for jobs. As the relationship in the employment field is very complicated, the law of employment covers wide range of situation that can occur in the office place and it involves the legal matters of great array like discrimination at workplace, unacceptable resignation, termination of employee, wages and salary, taxation and other safety measure and laws. In all these situations, the rules are governed by the federal land state law. However, when a valid agreement is signed in between employer and employee to initiate an employment relationship, only the state contract law will be applicable that governs the parties regarding the duties and rights.
Rights of employee at the workplace
All the employees working at the workplace have the fundamental rights that involve the privacy rights, rights to have fair compensation and complete liberation from any sort of discrimination (Sims,2007, p.556). A person who is not the employee of the firm but is there for applying for a job has also certain basic rights that should not be violated by the employer even before hiring the employee. The rights that comes under such category includes right of no discrimination on the basis of age, cast, race, nationality, religion or gender while hiring the person. For instance: forthcoming employer has no right to ask personal questions to the applicant regarding family issues or matters while taking interview.
In U.S. many of the states are following the right of privacy for the employees at the place of work. Such privacy right diverges into many areas like privacy of personal items, handbags, briefcase, and lockers for the employee as well as private mail address that has no access of the employer. Moreover, the employees also have the right to have the private phone talks and voice mail message box that is only accessible by him. Nevertheless, there is a minimum privacy given to the employees to their email addresses while using the internet connection and desktop of the workplace.
For the employer, it is vital not to enter into the potential job applicant personal information as well as some other issues. The employer has no right to check the background and get the information about the credibility of the person until and unless the employer has taken the written permission from the employee to conduct the check. Without the permission, the employer may face a violation of employee right.
In addition to these rights of employees, there are some other rights that include:
Employee right to have a freedom of no discrimination and harassment
Employee has all the right to work in a safe environment that is free from the toxin materials, dangerous circumstances and should be given the safety precautions.
Employee has the right to complain or file a claim regarding the employer in case of any misconduct. Such rights of employee are also termed as whistleblower rights.
Employees have the right to get the accurate wages of the work they have done.
Federal laws for employment relationship
There are several federal laws and regulations dedicated to the employment relationship. Title VII is applicable to a workplace with more than 15 employees according to which there should be no discrimination while hiring the employee by the employer on the grounds of color, gender, cast, nationality or religion (Griffin, 2007, p.195). American with disabilities act ADA act describes the disability as the mental or physical that limits the moves or activities. This law prevents the discrimination against the disable person (Veres, 1995, p.)159. Age discrimination in employment act prohibits the employer to prefer the younger generation over the older workers. This act is applicable to workplace with more than 20 employees and for employees having 40 years of age. There is no law regarding the prevention of preference for older workers. Fair labor standards act gives direction to the employer regarding the working hours and time of break for the employees. Moreover, it deals in salary and overtime situations as devised by the federal government.
Employee’s right and the legal help:
The federal and state law has governed the employment laws that cater to the employee laws related to many issues. In case, an employee feels that his legal rights and freedom are being violated by the employer in terms of discrimination or even privacy then the employee can consult the employee’s right attorney in this regard. The attorney will help in protecting the legal rights of the employee and will explain the measures to counter this.
Griffin, R. W. (2007). Principles of management. Boston, MA: Houghton Mifflin Co.
Veres, J. G., & Sims, R. R. (1995). Human resource management and the Americans with Disabilities Act. Westport, Conn: Quorum Books.
Sims, R. R. (2007). Human resource management: Contemporary issues, challenges, and opportunities. Charlotte, N.C: Information Age Pub.