All states in the US, except one, have at-will employment. However, that doesn’t mean much if you are unfamiliar with what that implies.
At-will employment hands an employer the right to dismiss an employee without cause or warning. There are some exceptions to this, of course. Some states allow for well-established public policies to be grounds to render a dismissal to be unfair.
Alabama, for example, has a few of these public policies. Still, if you are unsure about where your case falls, consulting an employment attorney in Birmingham, Al, should be the first step.
Regardless, with 74% of Americans being at-will employees, it gets tricky. Though some established public policies can label a dismissal ‘unfair’ in Alabama, gender discrimination is not one of them. That’s concerning but true.
So, can an employment attorney help you, and when do you approach them? More importantly, how do you protect yourself?
How can an employment attorney help?
Even if you haven’t been dismissed, there is still the chance of a number of your rights being violated. Seeking advice from an employment attorney can help you figure out those violations.
You don’t need to worry about court just yet. An employment attorney will first pursue all the possible internal remedial avenues. This would mean referring to your organization’s protocols or referring to a contract if you signed one.
Even if it’s just about delayed payment cycles, an attorney could help guide you through the Fair Labor Standards Act (FLSA). That would pinpoint the existence of any violations in terms of fair compensation.
Legal policies and practices are so nuanced that the average person can’t be aware of all of them. Even if you are unsure, seeking legal counsel would be the best option here.
How do you decide when it’s the right time to seek advice?
As soon as you think something is wrong and can’t see any resolution to the problem, seek advice. There is no reason to hesitate.
Uncertainty regarding your circumstances will only compound any current employment issues you already have. Still, you wouldn’t have to worry about hiring an attorney just yet. You could approach Alabama’s equivalent of the federal equal employment commission.
All of the information is available on Alabama’s Department of Labor website.
However, the trouble with such agencies and commissions is that they do not conduct extensive investigations. If, by accident, your case is dismissed by such a commission, consider running to the first employment attorney in Birmingham, Al, you can find.
The findings from these commissions are not binding. Most often, they are not even admissible in court. So, you won’t have to worry about dealing with another unhappy party or organization.
At this juncture, an employment attorney will help you figure out what your rights are and whether the issue can be pursued further with a lawsuit.
How can you protect yourself in an at-will state like Alabama?
The idea of at-will employment is incredibly redundant. It allows no scope for any definition of what’s appropriate and what’s not.
The lack of clearly defined legal precedence makes the situation even more challenging to navigate. Nonetheless, you are not helpless. There are some things you can do to help yourself down the line:
- Maintain accurate records if you believe you are being discriminated against on any grounds.
- Make a clear list of individuals who can serve as potential reliable witnesses.
- Ensure that your conduct cannot be called into question or used against you.
- Most importantly, increase your awareness of laws and other legal policies.
In summary
There is no surer way to protect yourself than just being more generally aware. Of course, an employment attorney in Birmingham, Al, would be a surefire way to prove your case. However, the first step to protecting your rights starts with you.