join our network! affiliate login  
Custom Search
Daily and Weekly Editions • Articles • Alerts • Expert Advice • Learn More
Search Workipedia:  
« Go Back

What Are My Rights As An Employee

That depends!

Generally speaking, most employee think that they have more employment rights than they do.  That’s not to say that there aren’t a huge number of laws that protect employees from unfair treatment in the workplace.  Instead, it’s meant to highlight the fact that the majority of workplace complaints are mostly gripes—not facts on which to rest a legal claim.

Having said that, there are three main grounds on which an employee can base a claim:

Statutory Claim

This is a fancy way of saying that you are protected by a law passed by a legislative body (like the U.S. Congress).  The most notable federal employment law statute is Title VII of the Civil Rights Act of 1964 (there are many others that are highlighted the main employee rights section).  Most States have similar statutes, protecting a wide-range of employees in different context.  Check your State law section for a discussion of these laws.

Common Law Claim

Unlike statutory claims, there are not many workplace rights created by common law.  In most states, an employer can terminate an employee for a good reason, a bad reason or no reason at all.  This is referred to as the “At Will Employment” rule.

Contract Claim

The most effective way to gain workplace protection is to enter into a contract with your employer that explicitly details the nature of your relationship.  As you can imagine, the overwhelming majority of employees don’t have any authority (called “bargaining power”) to enter into a unique contractual arrangement with their employer.  That is, you must accept the terms of the deal, as the employer specifies.  One of those terms is almost always that you are hired for an unspecified term, making you an at-will employee.

The other method of gaining contractual protection is to join or form a union.  Unionizing is a method for a group of employees to increase their bargaining power and, thereby, force an employer to enter into a contract, called a collective bargaining agreement (it’s “collective” because it doesn’t cover just one employee, but an entire group).

Lawyer Login: Workipedia • EL Match

Auto-login Show name as online

Forgot your password?I Want To Participate!

Workipedia Navigation

Our Editors:

Most Active Contributors:

How To Contribute


  • Page Views: 0
  • Logged in Attorneys:
  • Total guests:

Ogletree Deakins | California | The Opportunities and Obligations of Venture Capital and Private Equity in the #MeToo Environment (February 01, 2018)

Fisher Phillips | California | Glimmers of Hope? Pair of Recent PAGA Cases Provide Rare Procedural Victories for California Employers (January 31, 2018)

Ogletree Deakins | California | California’s Salary History Ban: Answers to Frequently Asked Questions (January 23, 2018)

Fisher Phillips | California | The ICEman Cometh? Recent War of Words Puts California Employers in the Crosshairs of National Immigration Debate (January 22, 2018)

Jackson Lewis P.C. | California | Trial Court Properly Denied Attorneys’ Fees To Plaintiff Who Proved His Termination Was Substantially Motivated By His Disabilities, But Was Not The Prevailing Party At Trial (January 21, 2018)

Ogletree Deakins | California | Cal/OSHA Approves Long-Awaited Housekeeper Injury Prevention Regulations (January 24, 2018)

Fisher Phillips | California | Cal/OSHA Approves Hotel Housekeeping Injury Standard – Likely to Go Into Effect Later This Year (January 21, 2018)

Fisher Phillips | California | DLSE Publishes Voluntary Template for Required Employer AB 450 Notice (February 11, 2018)

Ogletree Deakins | California | As Marijuana Shops Thrive, California Employers Revisit Drug Policies (January 18, 2018)

Jackson Lewis P.C. | California | Reminder! California Employers Must Provide Notice of the Federal and California Earned Income Tax Credit (January 15, 2018)