| When people call me about employment issues | | | | the Employee Handbook as your "contract" of |
| they don't realize one important law- in | | | | employment. The employer must follow any |
| almost every state you are terminable at | | | | terms in those documents. There are also |
| will. That means that your employer can fire | | | | labor laws in each state that require payment |
| you anytime and for no reason at all. The | | | | for overtime, limited hours of work for |
| only way you are protected from being fired | | | | certain jobs and notice of your termination |
| on the spot without notice is if you have a | | | | date and your health insurance termination |
| contract of employment. A contract of | | | | dates and proper notice is required as to how |
| employment must be in writing and should | | | | to extend your health benefits ("COBRA"). |
| specify your length of employment, salary, | | | | Also, law specify that an employer must pay |
| terms of employment, vacation, bonus | | | | you at least every two weeks, so if your |
| calculations, the basis of termination and | | | | fired and the employer doesn't send your last |
| any warnings to be given (make it at least 3 | | | | check to you on time an dholds it back-he |
| warnings if you can) prior to termination and | | | | violated labor laws and can be held liable to |
| must be signed by your employer, among other | | | | you for extra money you pay to recover your |
| things. | | | | wages. |
| | | | |
| Now, most people never get employment | | | | For instance, in New York the Labor Law |
| contracts because their employers do not want | | | | mandates proper notice of employee |
| to lose the right to terminate you with or | | | | termination and benefits termination. An |
| without cause. But there is a saving | | | | employer failing to follow the Labor Laws is |
| grace--if your employer wrote an intial offer | | | | penalized under Labor Law 198, in addition to |
| of employment letter and you commenced | | | | ordinary costs lost by the employee he must |
| employment based on that letter, you can use | | | | pay a reasonable sum for expenses which may |
| the terms in that letter as your contract of | | | | be taxed as costs are allowed by the court. |
| employment. Hopefully the letter spells out | | | | Furthermore, in any action instituted upon a |
| your salary and length of employment because | | | | wage claim by an employee which the employee |
| there are cases where if your fired before | | | | prevails, the court is required to allow such |
| the end of the term in that letter than you | | | | employee reasonable attorneys' fees, Labor |
| can be due the balance of your salary for | | | | Law 198(1-a), and upon finding that the |
| that term. So, if your salary was $40,000 | | | | employer's failure to pay the wage specified |
| for the year and the offer of employment | | | | by statute was willful, an additional amount |
| letter states your term is 1 year then if | | | | as liquidated damages equal to twenty-five |
| your fired in the first 2 months, your due | | | | percent of the total amount of wages due is |
| the balance of 10 months salary. And if your | | | | also paid to the employee. Labor Law |
| employer has an Employee Handbook with rules | | | | 198(1-a). Case law holds an award of |
| and regulations therein (usually terms of | | | | liquidated damages to employees proper where |
| termination, warnings, vacation pay) then | | | | the employer knowingly, deliberately and |
| that Handbook is also a binding "contract" of | | | | voluntarily disregarded its obligation under |
| employment. Read the terms of your Handbook | | | | the Labor Law to pay the employees' |
| because it may spell out how and when you can | | | | commissions, which would be deemed "willful" |
| be terminated which may or may not be good | | | | failure to pay wages. P & L Group, Inc. v |
| for you depending on whether or not it limits | | | | Garfinkel (1989, 2d Dept) 150 AD2d 663, 541 |
| the employer's liability for terminating you. | | | | NYS2d 535. |
| On the other hand, if the Handbook has terms | | | | |
| regarding certain pre-warning procedures | | | | So, don't despair if your employer gives you |
| before terminating you an dthose procedures | | | | a hard time when your fired--there are laws |
| were not followed , then you can enforce | | | | requiring him to pay your wages and your |
| those procedures as terms of your contract. | | | | Employee Handbook and Offer of Employment |
| If your employer breached those terms he most | | | | Letter also can be used as valid contracts to |
| likely must re-instate your employment and | | | | support your position for wages. |
| follow those procedures before terminating | | | | |
| you. | | | | This article is certainly not all inclusive |
| | | | and is intended only as a brief explanation |
| The most important part of your employment is | | | | of the legal issue presented. Not all cases |
| getting paid, so if your employer fires you | | | | are alike and it is strongly recommended that |
| and refuses to pay you what you understand to | | | | you consult an attorney if you have any |
| be due you, then use your Offer Letter and | | | | questions with respect to any legal matters. |