Protect Your Job & Wages
By Susan Chana Lask, Esq., Fri Dec 9th
When people call me about employment issues they don't realizeone important law- in almost every state you are terminable atwill. That means that your employer can fire you anytime and forno reason at all. The only way you are protected from beingfired on the spot without notice is if you have a contract ofemployment. A contract of employment must be in writing andshould specify your length of employment, salary, terms ofemployment, vacation, bonus calculations, the basis oftermination and any warnings to be given (make it at least 3warnings if you can) prior to termination and must be signed byyour employer, among other things.
Now, most people never get employment contracts because theiremployers do not want to lose the right to terminate you with orwithout cause. But there is a saving grace--if your employerwrote an intial offer of employment letter and you commencedemployment based on that letter, you can use the terms in thatletter as your contract of employment. Hopefully the letterspells out your salary and length of employment because thereare cases where if your fired before the end of the term in thatletter than you can be due the balance of your salary for thatterm. So, if your salary was $40,000 for the year and the offerof employment letter states your term is 1 year then if yourfired in the first 2 months, your due the balance of 10 monthssalary. And if your employer has an Employee Handbook with rulesand regulations therein (usually terms of termination, warnings,vacation pay) then that Handbook is also a binding "contract" ofemployment. Read the terms of your Handbook because it may spellout how and when you can be terminated which may or may not begood for you depending on whether or not it limits theemployer's liability for terminating you. On the other hand, ifthe Handbook has terms regarding certain pre-warning proceduresbefore terminating you an dthose procedures were not followed ,then you can enforce those procedures as terms of your contract.If your employer breached those terms he most likely mustre-instate your employment and follow those procedures beforeterminating you.
The most important part of your employment is getting paid, soif your employer fires you and refuses to pay you what youunderstand to be due you, then use your Offer Letter and theEmployee Handbook as your "contract" of employment. The employermust follow any terms in those documents. There are also laborlaws in each state that require payment for overtime, limitedhours of work for certain jobs and notice of your terminationdate and your health insurance
termination dates and propernotice is required as to how to extend your health benefits("COBRA"). Also, law specify that an employer must pay you atleast every two weeks, so if your fired and the employer doesn'tsend your last check to you on time an dholds it back-heviolated labor laws and can be held liable to you for extramoney you pay to recover your wages.
For instance, in New York the Labor Law mandates proper noticeof employee termination and benefits termination. An employerfailing to follow the Labor Laws is penalized under Labor Law198, in addition to ordinary costs lost by the employee he mustpay a reasonable sum for expenses which may be taxed as costsare allowed by the court. Furthermore, in any action institutedupon a wage claim by an employee which the employee prevails,the court is required to allow such employee reasonableattorneys' fees, Labor Law 198(1-a), and upon finding that theemployer's failure to pay the wage specified by statute waswillful, an additional amount as liquidated damages equal totwenty-five percent of the total amount of wages due is alsopaid to the employee. Labor Law 198(1-a). Case law holds anaward of liquidated damages to employees proper where theemployer knowingly, deliberately and voluntarily disregarded itsobligation under the Labor Law to pay the employees'commissions, which would be deemed "willful" failure to paywages. P & L Group, Inc. v Garfinkel (1989, 2d Dept) 150 AD2d663, 541 NYS2d 535.
So, don't despair if your employer gives you a hard time whenyour fired--there are laws requiring him to pay your wages andyour Employee Handbook and Offer of Employment Letter also canbe used as valid contracts to support your position for wages.
This article is certainly not all inclusive and is intended onlyas a brief explanation of the legal issue presented. Not allcases are alike and it is strongly recommended that you consultan attorney if you have any questions with respect to any legalmatters.
Any questions and/or comments with respect to this topic or anyother topic, contact:
http://www.appellate-brief.com
Law Offices of Susan Chana Lask 853 Broadway, Suite 1516 NewYork, NY 10003 (212) 358-5762
Susan Chana Lask, Esq. c 2004
About the author:Susan Chana lask is a New york attorney named by the media as"High-Powered", she practice sin all state, appellate andfederal Courts nationwide handling civil & crimnal cases.
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