Common Employment Law Issues Employees Face

Table of Contents

• Introduction
• Wrongful Termination
• Workplace Discrimination
• Harassment in the Workplace
• Wage and Hour Violations
• Retaliation Against Employees
• Non-Compete Agreements
• Constructive Dismissal
• Algorithmic Bias in Hiring

Understanding employment law is essential for both employees and employers. Navigating a workplace where everyone is treated fairly and lawfully can be challenging, particularly when legal rights are misunderstood or violated. Employees must familiarize themselves with common workplace issues to protect their interests and promote a more equitable environment. If employees find themselves entangled in a workplace dispute, seeking guidance from experienced Robinson & Henry employment lawyers can be an invaluable step toward resolution.

From wrongful termination to algorithmic bias, employment law covers a broad spectrum of challenges that impact workers across all industries. Knowing the legal landscape helps employees identify violations early and pursue lawful remedies while maintaining their dignity at work.

Many of these issues are addressed by federal and state laws, including protections against discrimination, wage and hour standards, and rules forbidding retaliation for lawful activities. Understanding your rights, knowing when to seek help, and staying informed about proposed legal reforms are key steps for anyone seeking to thrive in today’s workforce.

Complexities in employment relationships can sometimes leave employees vulnerable to violations that might go unaddressed without proper advocacy or resources. Proactive education and robust legal support can transform these challenges into actionable opportunities for both workers and employers.

Wrongful Termination

Wrongful termination refers to the unlawful firing of an employee, particularly when such dismissal breaches the employee’s legal rights or the company’s specified policies. This may include being let go for discriminatory reasons, filing a report, whistleblowing, or as retaliation for participating in legally protected activities. People may also be terminated in violation of contract terms, emphasizing the importance of closely reviewing employment agreements. If you suspect your rights have been breached, you should document communications and seek legal help, as federal and state workplace laws provide remedies for those impacted by wrongful termination.

Workplace Discrimination

Discrimination at work manifests when employees are unfairly treated based on protected characteristics such as race, gender, age, religion, or disability. Discriminatory behaviors include biased hiring practices, unequal promotion opportunities, and unfair discipline. Employers are obligated under the Civil Rights Act, Americans with Disabilities Act, and other statutes to provide equal employment opportunities. The EEOC enforces these laws and investigates discrimination complaints to hold employers accountable and ensure protection for all workers. Staying vigilant and aware of your protections is crucial in creating inclusive and supportive workplaces.

Harassment in the Workplace

Harassment involves unwelcome conduct rooted in protected traits that either create a hostile work environment or result in adverse employment outcomes. Examples range from inappropriate jokes and offensive remarks to physical threats or assaults. Workplace harassment can severely affect job satisfaction, mental health, and career progression—making it vital that incidents are promptly reported and addressed. Employers are required to have anti-harassment policies, conduct thorough investigations, and take remedial action when warranted. Persistent inaction may open employers to legal claims from affected workers. Remember, harassment is never a normal or acceptable part of any work environment.

Wage and Hour Violations

Employees are entitled to regular paychecks that meet or exceed minimum wage standards and adequately account for overtime hours. However, wage theft—such as unpaid overtime, mandatory off-the-clock work, or misclassification as independent contractors—is alarmingly common. All employers must comply with the Fair Labor Standards Act (FLSA), which outlines rules regarding minimum wages, overtime rates, and record-keeping practices. If you’re concerned about unpaid wages or timekeeping discrepancies, keeping detailed records and consulting legal or governmental resources is essential.

Retaliation Against Employees

Retaliation occurs when employers penalize workers for engaging in legally protected activities, such as reporting unsafe working conditions or filing a charge of discrimination. Whether it’s reduced hours, demotion, or outright termination, retaliatory measures are unlawful. Employees can file retaliation complaints with agencies like the EEOC or state equivalents, and employers found guilty of retaliation can face significant legal consequences. Understanding your right to speak up without fear of reprisal is a crucial aspect of workplace empowerment.

Non-Compete Agreements

Non-compete agreements are provisions that attempt to prevent employees from joining rival companies or starting a business in the same industry within a set period after their employment ends. While once commonplace in many fields, these contracts have come under scrutiny for their impact on worker mobility and wages. The Federal Trade Commission (FTC) has proposed a sweeping rule that would effectively ban most non-compete agreements, aiming to boost competition and opportunity in the labor market. Employees should carefully review any employment contracts they sign and consult legal counsel if they have concerns about post-employment restrictions.

Constructive Dismissal

Constructive dismissal occurs when employees resign because their employer has fundamentally altered working conditions or created an intolerable environment. This could include severe reductions in pay, demotions, or ongoing harassment. In such cases, although the employee technically resigns, the departure is considered involuntary under the law. Employees must demonstrate that the employer’s conduct made continued employment impossible or unreasonable, which requires detailed documentation and, in some cases, legal intervention.

Algorithmic Bias in Hiring

As workplaces adopt more technology-driven hiring practices, the risks of algorithmic bias have come into sharper focus. Automated assessment tools can inadvertently perpetuate existing biases, leading to systemic exclusion or unfair evaluations. Laws like New York City’s Local Law 144 require regular bias audits and greater transparency around these digital tools. Staying informed about how your data is used and advocating for unbiased, equitable processes can help advance fairness as technology reshapes the recruitment process.

Recognizing and understanding these common employment law issues are the first steps toward protecting your rights and fostering fair workplaces. If you encounter one of these issues, do not hesitate to seek legal guidance or utilize the numerous resources available from trusted organizations and public agencies.