Alabama Employment Law

Alabama state seal

Although the basic principles of employment law are consistent throughout the United States, state laws differ in some respects. Employers and employees in Alabama are subject to two different sets of employment law--federal law and state law. Alabama employment law governs hiring, firing, workplace safety, sexual harassment and unemployment benefits.

Hiring

Generally, Alabama employers may not discriminate based on age, race, gender, national origin, religion or disability. A limited exception exists for disability-based discrimination if the disability would hinder the applicant's ability to perform job duties. Employers also inquire about a non-U.S. citizen's right to work in the United States and refuse to hire ineligible applicants. Although no specific prohibition exists to prohibit discrimination based on sexual orientation, Alabama employers are not permitted to inquire about the sexual orientation of applicants.

Firing

Alabama employees are considered "at-will" employees in the absence of an employment contract. This generally means that they may be fired at any time, for any reason. Exceptions exist prohibiting the firing of an at-will employee based on illegal discrimination, pregnancy, the employee's refusal to break a law and certain other reasons that violate public policy. Although Alabama employers are not required to enter into employment contracts with their employees, they may face civil liability if they enter into an employment contract and then fire the employee in violation of said contract's terms.

Workplace Safety

A multitude of federal and state safety regulations exist to protect the workplace safety of Alabama employees. These regulations differ according to industry--safety regulations for hospitals differ from safety regulations for coal mines, for example. Alabama has passed ins own Worker's Compensation law to compensate employees for work-related injuries. In Alabama, all employers with five or more employees are required to provide Worker's Compensation insurance to their employees.

Sexual Harassment

Alabama employers are prohibited from practicing or allowing sexual harassment in the workplace. Sexual harassment includes making unwelcome sexual advances, linking job-related benefits to sexual favors or maintaining an unnecessarily sexual work environment. Violation of Alabama sexual harassment law will result in civil liability for both the employer and the offending employee.

Unemployment Benefits

Unemployment benefits based on both federal and state law (but administered by the state of Alabama) are available to employees who are laid off through no fault of their own. In some cases, these benefits are available to employees who quit voluntarily for "good cause" as defined in Alabama employment law. Employees who are fired for culpable conduct or incompetence are not eligible for unemployment benefits. Unemployment benefits range from $45 to $220 per week (as of 2010), based on the employee's salary, and are provided for up to 26 weeks after dismissal. Employees who work for employers with at least 20 employees are also eligible for continued health care benefits for up to 18 months after dismissal, through the federal COBRA program.

References

• Lawyers: Employment Law in Alabama

Resources

• Worldwide Legal Directories: Employment Law