Under the employment law, there are generally four types of employment contracts - at-will employment contracts, written employment contracts, oral employment contracts, and implied employment contracts.
The most common type used is at-will employment contracts. In fact, if there is no written employment contract, then you are most likely an employee “at-will.”
Being an employee at-will means that your employer has the right to fire you at any time. He is not obligated to give you prior notice or give you a reason for the dismissal. Despite this, your employer cannot sack you for illegal reasons like discrimination.
What rights do you have without a contract?
The absence of an employment contract does not equal an absence of rights.
- You have a right not to be sexually harassed, or harassed illegally.
- You have the right not to be discriminated against as a result of any of the following:- your race, gender, religion, ethnicity, age, disability, sexual orientation, or gender identity.
- As an employee, you also have the right to be paid at least the minimum wage for every hour that you work. If you work more than 40 hours in a week, then you also have the right to overtime pay.
- You have the right to a 10 minute paid rest break for every 4 hours you work in a day, as well as the right to paid sick and safe time.
- If you feel discriminated against, harassed, or that your rights have been violated at work, you have a right to file a complaint with Human Resources or a lawsuit. You have the right to do so without fearing retaliation from your employer. Your employer cannot retaliate against you for making the complaint or for being part of an investigation or trial related to the employer.
Therefore, if at any time you’ve been mistreated or your rights infringed on, it’s important that you contact a qualified employment lawyer.
What Kind of Lawsuits Can Employees Bring Against Employers in Spokane Washington?
There are various types of lawsuits a person can bring against the employer, including:
The essence of an employment contract is to set out the rules, rights, and duties regulating the relationship between an employee and employer. Where the employee claims that the employer has breached any of these rights and duties, a contract case can arise.
Wage and hour dispute cases.
The law requires employers to pay their employees at least the minimum wage. They are also mandated to pay overtime when a worker works more than 40 hours per week. The overtime being 1.5 times the employee’s regular or non-overtime rate.
Family or Medical leave cases.
The Family Medical Leave Act grants employees the right to take leave for personal health reasons or to take care of a family member without fear of job loss or retaliation.
Employees’ compensation cases.
This arises when a worker is injured on the job.
Employee Retirement Income Security Act (ERISA) cases.
These are cases involving pensions and other retirement benefits.
This happens when a former employee takes another job that is in breach of a contract clause prohibiting them from working for the previous employer’s competitors.
Employers are not allowed to retaliate against an employee for making a complaint against them, even if the complaint turns out to be false. If they do, the employee can file a lawsuit.
This happens when an employer discriminates against an employee in the workplace.
Spokane Washington Employment Attorneys Can Help
If you have encountered any form of retaliation from your employer after making a complaint in your workplace, you can contact the experienced team of attorneys at Gilbert Law Firm to discuss the exact details of your case and know how you can proceed toward a favorable solution.