Being paid a fair day's wage for a fair day's work is an eventuality that is about as old as the hills. When we enter into work commitments, we are required to fulfil our contractual requirements in that we turn up everyday on time, carry out any work that we are employed to do, and finally return home when the day is complete. However an employer is also tied into certain requirements and when these are broken then it could be critical to call upon a bunch of work injury lawyers to help.
Although on the surface of it, a worker doesn't look to have too many rights when it comes to employment, the fact is that as an employee you do have certain statutory rights. Because of this, it's the responsibility of the employer to be sure that these rights aren't breached.
Dispelling the myth about 'at will ' work
In some states, (California particularly) they operate on an 'at will ' basis. This suggests that if an employer so wishes, they can end the employing of any worker at any point and as a result, the employer isn't required to give a reason. Although this law is apparently portrayed as being heavily in the favor of companies it also is not as simple as it seems. There are circumstances in which an employer can't fire a worker 'at will ' a number of these are as follows:
Contractual obligations
In America, written contracts are typically only given to actors, sports stars, some high status entrepreneurs and staff inside trade unions. There could be some clause in their contract to suggest that they cannot be fired. Any breach of this could lead to action in the courts. For any other workers there are two other types of contract and these are 'implied ' or 'oral'.
Oral contract
An oral contract is one that's given verbally by an employer and is not written down. However the fact that it has been agreed verbally can be enough to prove that en worker has been wrongfully ended if the need appear.
Implied contract
An implied contract is one that is neither written down or given orally, but instead is 'implied'. This is generally given after an employer has been working for a company for a definite length of time. For example, it can be implied that an employee will receive the same wage as others after a definite length of time.
Another example could be that it might be mandatory for an employee to give 2 weeks notice if they would like to quit, however it could be implied that an employer will give 2 weeks notice additionally , should they would like to terminate their work. If the previously mentioned employee is fired without warning then a work law firm might be called in.
Although on the surface of it, a worker doesn't look to have too many rights when it comes to employment, the fact is that as an employee you do have certain statutory rights. Because of this, it's the responsibility of the employer to be sure that these rights aren't breached.
Dispelling the myth about 'at will ' work
In some states, (California particularly) they operate on an 'at will ' basis. This suggests that if an employer so wishes, they can end the employing of any worker at any point and as a result, the employer isn't required to give a reason. Although this law is apparently portrayed as being heavily in the favor of companies it also is not as simple as it seems. There are circumstances in which an employer can't fire a worker 'at will ' a number of these are as follows:
Contractual obligations
In America, written contracts are typically only given to actors, sports stars, some high status entrepreneurs and staff inside trade unions. There could be some clause in their contract to suggest that they cannot be fired. Any breach of this could lead to action in the courts. For any other workers there are two other types of contract and these are 'implied ' or 'oral'.
Oral contract
An oral contract is one that's given verbally by an employer and is not written down. However the fact that it has been agreed verbally can be enough to prove that en worker has been wrongfully ended if the need appear.
Implied contract
An implied contract is one that is neither written down or given orally, but instead is 'implied'. This is generally given after an employer has been working for a company for a definite length of time. For example, it can be implied that an employee will receive the same wage as others after a definite length of time.
Another example could be that it might be mandatory for an employee to give 2 weeks notice if they would like to quit, however it could be implied that an employer will give 2 weeks notice additionally , should they would like to terminate their work. If the previously mentioned employee is fired without warning then a work law firm might be called in.
About the Author:
What comprises to an labor law? Let the expert labor attorney Los Angeles explains this to you. For more in-depth info you may make reference to the tract of Weastley Boucicault about legal matters.
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