Consulting an Employment Lawyer Near Me – Debunking Far Reaching Myths

Whether you are just starting a career or a seasoned professional in the job force, everyone has a responsibility to become familiar with their rights as employees in the work environment. This is to ensure fair and reasonable treatment for each person in the company and enjoy a thriving, positive culture. 

When you’re uncertain of these rights or if lines have been crossed, you must search and consult for a reputable employment lawyer with whom you can consult to gain insight into the circumstances.  

These professionals can shed a lot of light where there is much confusion both on the part of employees and employers. Many believe myths that are circulating with much incorrect content, while others are simply uninformed. 

When speaking with an attorney specializing in these laws, myths can be put to rest. Those uninformed will be educated in the facts surrounding employee rights and employer responsibilities, allowing each to work together, knowing precisely what to expect from the other. 

Let us go over a few common myths that are making their way from one water cooler to the next and see if we can set the record straight. 

Why You Need an Employment Lawyer to Debunk Common Work-Place Myths 

A few people start their careers with an understanding of employee rights on the job. Few take the time to research these, even after being employed for a significant period of time. Go here for guidance on when you should reach out to an employment lawyer. 

Most people gain insight from their employee handbooks, talking with coworkers or supervisors, and what they learn in annual training sessions. Unfortunately, a misunderstanding or an inadvertent comment can often lead to misinformation spreading throughout the organization. 

These eventually graduate into myths carried from one company to another. Many of these have become common among employees seeking counsel believing their rights have been infringed upon, while a trusted employment lawyer is responsible for explaining the simple facts of the situations. 

Myths always have an air of truth, but they are not entirely accurate, almost like reading the fine print to get the full scope of the situation before acting on it. Consider these examples as some of the most common myths employees believe. 

1. A business leader cannot fire a staff member unless they have a good cause

Some employees are of the mindset that an employer does not have the right to fire them simply because he has ill feelings toward them or does not like them. As a matter of fact, it is possible to do just that. Unless you belong to a union or work with a government agency, many states have “at-will employment.” 

What that means is that staff can be let go even for a poor reason. The exception is no one can be fired based on discrimination. That will cover sexual orientation, religion, sex, race, physical disability, national origin, and age. 

If you have a rocky relationship with your manager, they can let you go without repercussions, and the federal courts concur. Learn why you should reach out to an employment lawyer at https://www.employmentlawhandbook.com/employment-relationships/here-are-5-reasons-why-you-need-an-employment-lawyer/. 

2. A manager has no authority to reduce your wages

It is not typical for a business leader to arrive at work and announce that they are reducing everyone’s salary by a certain percentage, but it is also not illegal for them to do so if they wish. 

The laws stipulate that as long as a manager abides by the laws regarding “minimum wage and overtime” for all staff, including hourly and salaried, they are not prohibited from decreasing pay rates. 

If, for some reason, they decided only to reduce the pay of a specific gender within the company, that would be discriminatory and illegal. Union jobs will likely be somewhat different. But other than that, when everyone is affected, it is perfectly within the law’s guidelines. 

3. You should have privacy and confidentiality with your work computer

That is a significant source of conflict between employees and employers, with employees feeling they should have a right to their privacy with their work systems and employers insisting it is their equipment and the staff is using it on company time, so what the employee does with it during those hours is essentially their property. 

Many businesses have policies to this effect. And the policies further state that there needs to be no disclosure to the staff member when management reviews the content. The constitutional right to privacy does not apply when performing a job in a private business setting. Click here for details on consulting with an employment lawyer. 

This is not restricted to merely the computer. Management has the authority to sift through the paperwork on your desk and rifle through the desk drawers if they find it necessary to do so, either in your presence or when you are unavailable. 

The recommendation is always to keep your personal and professional lives separate. When at work, anything saved at your desk or on the computer should pertain to business. If anyone needs to use the computer or desk, there will not be any reason for concern.

4. Salaried staff are not entitled to overtime

Salaried staff often believe that since they are not paid hourly, they are not entitled to overtime, but that is incorrect. Most employers and staff believe this myth. 

The Fair Labor Standards Act (FLSA) stipulates which professions exempt salaried staff from overtime. These include doctors, lawyers, architects, and other professionals. The burden of proving an exemption lies with the business leader. If you’re uncertain, a good place to start research is with a knowledgeable, experienced employment lawyer.

Knowing what you are legally entitled to as an employee is essential, and when this becomes confusing, it is necessary to find a resource to provide the facts. 

Final Thought 

Many states are “at-will employment.” That does not diminish employee rights, but some “beliefs” of employers and staff members have been somewhat skewed. 

If you have an issue with your employer or, for employers who are uncertain whether a policy will infringe on staff rights, the ideal resource is an employment lawyer versed in the laws and able to provide the facts.