When it comes to workplace rights and laws, there’s a lot of misinformation among employees. Believing some of these common myths can cost you heavily, especially because employment law is complex. So, relying on assumptions is never a good idea. This is where an experienced employment attorney can help you know the facts. In this blog, we will debunk some of the most common myths that people have about employment law and explain what the facts are. This will help you know your rights and responsibilities with clarity and confidence. So, let’s get started!
The Most Common Misconceptions About Employment Law that You Should Know About
Here are some myths about employment law and the truth that you should know:
Myth 1: An Employee Under Probation Cannot Be Dismissed Without Notice
Fact: While it is easier to dismiss employees who are on probation in comparison to others, they still get to receive notice before dismissal. That being said, the statutory minimum notice for the staff who have been serving the organization for less than a month is nil. So, technically, if the employment contract of an individual is drafted according to the statutory notice requirements and they have less than one month’s service, they can be terminated without any prior notice.
Myth 2: All Kinds of Workplace Discrimination and Harassment are Illegal
Fact: Discrimination or harassment at the workplace on the basis of protected traits such as age, sex, race, religion, or disability is illegal. But not all kinds of discrimination and harassment can be considered illegal. Of course, if you feel like you have been mistreated at work because of specific reasons, it is essential that you get in touch with an experienced employment attorney.
Myth 3: An Employment Contract is Only Legally Binding if it is in Writing
Fact: An employment contract shouldn’t necessarily be in writing; it can be verbal or implied as well. However, on or before the very first day of employment, the employer must provide a specific set of terms and conditions to the employee in written form. It is observed that most employers usually provide a written employment contract to new employees, which mentions working hours, payment terms, added perks, and training requirements.
Myth 4: Individuals Who Voluntarily Resign Cannot File an Unfair Dismissal Claim
Fact: Even if the papers state that the employee resigned voluntarily, it could be a case of constructive dismissal. This is the case where the employee might feel like they were forced to leave their job, specifically because of the actions of the employer. This can include creating an intolerable work environment or breach of contract. In this situation, the employee can file a claim for constructive unfair dismissal with the help of an employment lawyer.
Myth 5: Employers Can Fire an Employee if They’ve Been on Sick Leave for Too Long
Fact: It is possible that an employer can dismiss an employee if they have long-term sickness. However, such cases should be handled carefully. The employee may file a claim for unfair dismissal if they feel that their employment contract should not have been terminated. If an employer is concerned about the long-term absence of an employee due to sickness, it is essential that they consult with an employment attorney to understand the legal terms better.
Myth 6: An Employer is Obligated to Give Breaks and Lunch Time to Employees
Fact: It is generally not essential for an employer to provide paid or unpaid breaks to their worker during the workday. Many employers give paid 15-minute breaks after every 4 hours to their workers, along with unpaid 30-minute to 1-hour-long breaks for lunch. In addition to these, reasonable restroom breaks, breaks for breastfeeding mothers, and intermittent FMLA leaves may also be provided.
Myth 7: An Employee Cannot be Terminated for Actions Taken Outside the Workplace
Fact: Off-work conduct is increasingly becoming a contributing factor to employment-based decisions made by employers. One of the most common factors is social media activity. If an employer finds a specific post by their employee to be unpleasant or unprofessional, they can make the decision to dismiss the employee. Some examples include complaining online about employers or co-workers, smoking outside the workplace, medical leave investigations, etc.
Need to Understand Employment Laws Better? Contact an Employment Lawyer from Mijares Law Group!
Employment laws can feel confusing, even if you are aware of the common myths associated with them. So, if you have questions about your rights as an employee or are dealing with a specific issue at the workplace, it is essential that you talk to a trusted legal professional from Mijares Law Group. Our experienced employment lawyer will guide you by providing you with clear advice and even represent you in court if required.
Summing Up
It is common for people to have myths about employment rights and laws. But the problem begins when these myths put your career at risk. By knowing the facts and seeking guidance from a seasoned employment attorney, you will be able to make an informed decision and protect your rights. In addition, if you are facing workplace-related issues, you will be able to identify them clearly and hire a professional to represent you and seek justice.
If you want to talk to the best employment attorney, get in touch with Mijares Law Group now!
