When it comes to common employment disputes, it usually pays to get lawyers involved if you’re in doubt about your rights and responsibilities, either as an employee or an employer. Many employment disputes can be prevented if both parties are well informed about their rights and obligations, which are usually outlined in the form of an employee contract. The HR department of any self-respecting business will have processes in place to deal with common employment disputes such as the ones detailed below.
Wrongful Termination
This is a very common scenario within employment law. It can be expensive and require a lot of time when an employee needs to be fired from their job. One of the purposes of contracts is to ensure that employees abide by the conditions of their role. Yet sometimes employees may think that they’ve been on the receiving end of wrongful termination. For whatever reason they contest the reason behind their dismissal, this is one of those occasions where employment disputes may lead to legal action.
Wage Disputes
Wages are usually negotiated prior to an employee taking on a role. Yet wage dispute can come into action when an employee thinks that their work time has not been adequately compensated. This may involve overtime they’ve worked or tips they’ve earned. As a bare bones rule, employers should always pay at least the minimum wage. Another type of wage dispute can occur if an employer classifies a worker as a contractor as opposed to an employee of the business. This can create problems for the employee, complicating their tax obligations and denying them benefits. These slippery situations show how important it is to have an employee contract to detail all terms and conditions and help reduce the incidence of employment disputes.
Harassment or Discrimination Claims
Discrimination and harassment are claims of some weight, and these are the kinds of employment disputes that you want to avoid at all costs. Legislation exists in the workforce to protect workers from these things, and any employee should be aware of these laws and the rights that they provide. A definition of discrimination is unfair treatment due to someone’s age, race, gender, religion, sex, pregnancy, disability or sexuality. While it seems unlikely that an employer would want to discriminate against their employees, it does happen. Every company should set up HR systems within their business to help bring these matters to a conclusion. As a very last resort, an employee may hire a lawyer to help them navigate these waters.
Severance Agreements
A severance agreement is a contract of details which outlines obligations of both parties when an employee leaves the company. It may involve a form of remuneration when contracts have non-disclosure or non-compete agreements in place. Severance agreements can be the basis of litigation, so if your company is in the habit of offering these, it’s a good idea to get help from litigation lawyers to get the best advice. When severance agreements go wrong, they can end up turning into very nasty employment disputes, so it pays to have a lawyer on your team to guide you. When you have a lawyer to help you, you can more aptly understand your rights and the legal issues that could pop up in the process of enforcing them.
