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Strategic management

Hiring and Firing

Employment at Will: The majority of private-sector workers in the U.S. are employed at will, which means that they can be fired for any reason or no reason at all, except for discriminatory reasons. Learn about when an employee is employed at will, and about exceptions to the law.

Fired from a Job: If you think you’re about to be fired, it’s a good idea to familiarize yourself with your legal rights, before you receive notice.

Terminated for Cause: Termination for cause generally relates to serious misconduct, such as violating company policy, failing a drug test, or breaking the law.

Wrongful Termination: If you believe that discrimination was involved in your separation from the company, it’s possible that your employment was wrongfully terminated, in which case you may be entitled to recourse.

Unemployment Laws: Are you eligible for unemployment benefits? These are provided to workers who have lost their jobs through no fault of their own. Review guidelines for eligibility, and when you may not be eligible to collect benefits.

Termination from Employment: Everything you need to know about your rights and responsibilities, if you lose your job for any reason. Also review a recap of the different types of separation from employment.

Discrimination Protections

Americans with Disabilities Act (ADA): This law makes it illegal for employers to discriminate against job applicants based on disability.

Equal Employment Opportunity Commission: The Equal Employment Opportunity Commission (EEOC) enforces federal laws relating to discrimination. 

Harassment: Learn what constitutes harassment in the workplace and what you can do about it.

Religious Discrimination: Employers cannot discriminate against employees or candidates based on their religious beliefs.

Employment Discrimination Laws: Workers are protected from discrimination based on age, gender, race, ethnicity, skin color, national origin, mental or physical disability, genetic information, and pregnancy or parenthood.

Labor Laws

Employee Retirement Income Security Act (ERISA): This law sets standards for health and retirement plans.

Fair Credit Reporting Act (FCRA): If you’ve ever had a prospective employer ask to run a background check, you’ll want to know about your legal protections under this law.

Fair Labor Standards Act (FLSA): Also known as the ‘Wage and Hour Bill’, FLSA was enacted by Congress in 1938. It regulates minimum wage, overtime, and child labor laws.

The Affordable Care Act – Nursing Mothers: Under the provisions of the ACA, employers must provide nursing mothers with a private room to nurse/express milk, as well as time to do so.

Family and Medical Leave Act: FMLA provides 12 workweeks of unpaid leave per12-month period for covered employees. In addition to federal leave, some states have enacted family and medical leave legislation. Check with your state department of labor for availability in your location.

Immigration and Nationality Act (INA): INA legislation specifies rules about work permits and wages for foreign nationals who want to work in the United States.

Breaks from Work Laws: These laws regulate meal and rest breaks.

Child Labor Laws: These legal protections restrict and regulate working hours for minors, as well as the types of employment children in which may work.

Background Check Law: Regulates employment background checks and the manner in which they can be used during the recruitment process.

COBRA: The Consolidated Omnibus Budget Reconciliation Act gives workers the right to continue their health insurance coverage after separating from their job.

Drug Test Laws: Depending on your industry, drug testing may be regulated by state and/or federal law.

Employee Privacy Law: Learn how to protect your privacy on the job and during a job search.

Foreign Labor Law: Foreign nationals who want to work in the U.S. must obtain a work visa. The type of visa varies depending on the type of employment.

Information Employers Can Disclose: Many employers have policies about not giving away information about former employees, e.g., whether they were fired for cause – but that doesn’t mean that they’re legally prohibited from doing so.

Occupational Safety and Health Act (OSHA): These laws regulate workplace safety.

The Wagner Act of 1935 and The Taft-Hartley Act of 1947: Protects the right of workers to organize and to form unions (and regulates how those unions can operate).

Uniformed Services Employment and Reemployment Rights Act: USERRA outlines procedures and rights related to military leave.

Youth Labor Laws: The laws regulate the working hours and conditions of workers under the age of 18.