Protect their jobs & wages
When people call me about issues not realize one important law-in almost any condition you are encased in a will. This means that your employer can fire you at any time and without reason at all. The only way, are protected from being fired on the spot without notice, if you have a contract of employment. Employment contract must be in writing and should determine your length of employment, remuneration, working conditions, vacation, bonus calculation basis for termination and any warnings to be reported (make it at least 3 warnings if possible) prior to the end and must be signed by your employer, inter alia.
Now most people never get the contracts of employment, because their employers do not want to lose the right to terminate, with or without cause.But there is no grace saving–If your employer offers employment letter intial wrote and began work on the basis of that letter, the conditions in this letter as your contract of employment. We hope that letter odcyfrowywane salary and length of employment because there are cases where If your fired before this letter than you can balance your salary for that period.
So, if your salary is $ 40,000 per year and offers of employment letter your period is 1 year, then If your fired in the first 2 months, your balance due 10 months salary and if your employer offers the employee handbook of rules and regulations there (usually conditions complete, warning vacation pay) then this guide is also binding on “employment.” Read the terms of your Handbook, as it may, as and when you can be terminated, which may or may not be good for you, depending on whether or not the employer’s liability limits for terminating you.
On the other hand, if the legal conditions on certain procedures for pre-warning before terminating dthose procedures have not been complied with, and then these procedures be enforced as a condition of your order. If your employer has violated these terms he probably needs re-instate your employment and follow those procedures before terminating.
The most important part of your employment is getting paid, so if your employer fires you and refuses to pay you must understand to be due to user, and then use your Offer Letter and employee handbook as your “employment Contract”.The employer must follow any conditions in those documents. There are also provisions of labor in each State, requiring payment for overtime, limited hours for certain jobs and job notification of the end date and end date, and proper notice of health insurance is required, so as to extend its health benefits (“COBRA”).The law also specify that the employer must pay you at least every two weeks, so if your employer fired and send your last check to you at the time it back he winne dholds violations of labor and may be held liable to you for the extra money you can pay your wages recovered.
For example, in New York Labor Law provides for proper notice of termination and termination of employee benefits for employers failing to do the right job is penalties under Labor Law 198, in addition to the usual costs of lost it by an employee must pay a reasonable amount of expenditure which may be taxed as are permitted by the Court.
In addition, any action instituted after a claim wages by the employee, the employee posocznice, the Court is required to enable such employee reasonable attorney’s fees, 198 (1-a) Labor Law, and when the employer’s failure to pay the remuneration determined by statute was willful, additional amounts as liquidated damages in the amount of twenty five percent of the total amount of remuneration due also to the employee is paid. Labor Law 198 (1-a). the case-law the result to the award of damages paid employees proper where the employer intentionally, deliberately and voluntarily omitted its obligation under labour law, pay the workers commissions that would be considered “willful” failure to pay salaries. P & L Group, Inc. v. Garfinkel (1989, Department 2d) 150 AD2d 663, 541 NYS2d 535.
So, not desperation, if your employer gives you a hard time when your fired–there are laws requiring him to pay your wages and employee handbook and offer lists of employment may also be used as valid contracts to support your position for wages.
This article is certainly not all inclusive and are intended solely as a brief explanation of the problem of law presented. not all cases are similar and it is strongly recommended, consult a lawyer if you have any questions regarding any legal.
Any questions or comments regarding this topic or any other topic, please contact:
Law Offices Susan Khan Lask
853 Broadway, Suite 1516
New York, NY 10003
(C) Susan Khan Lask, Esq. 2004