Employee Rights With No Contract

Employees have rights even without a contract.

Contracts document both the employee and employer's rights and responsibilities. Such rights usually relate to notice on layoffs and the dispensation of unused vacation days if employment terminates. However, even without a written contract, an employee still has some rights. Some of these rights result from verbal, or other informal contracts, while union agreements or federal labor laws for vulnerable populations establish others.

Identification

Even without a written contract, there are sources a court would look at to determine an employee's rights in the implied contract. The first source is the job offer letter, if the employer sent one. This letter usually sets out compensation and other terms of the employment. The second source is any agreement between the employer and the employee's trade union. Such union agreements set out rights for all workers in the union. Finally, the employee handbook may list rights the employee has, such as benefits, vacation accrual and what happens to vacation days if the employee leaves the job.

Geography

Each state sets its own regulations regarding workers' rights and workplace safety. Such regulations offer employees a variety of rights, such as ownership of inventions created on their own time, workers' compensation for on-the-job injuries, or a higher minimum wage. Contact your state's department of labor to determine the guaranteed rights in your state.

Considerations

Some employees have special rights under federal law, such as workers under age 16 or those covered by the Americans with Disabilities Act. The Federal Labor Standards Act sets limits on work hours for youth under 16, at no more than 40 hours per non-school week and 20 hours per school week. Employers may have requirements to adjust the work schedule for an employee covered by the disability act to accommodate for his disability, such as by not requiring excessive mandatory overtime.

Misconceptions

The United States operates under the Doctrine of Employment at Will. This doctrine assumes the employment is voluntary and indefinite. Further, employers do not need a reason to lay off or fire employees at any time, and can even fire you for an unfair reason. The only wrongful terminations are those in direct violation of anti-discrimination laws, such as if your employer fired you because of your race or gender.

Solution

The Occupational Health and Safety Administration (OSHA), a federal agency established in 1970, sets and enforces basic workplace safety rights for workers. However, this leaves many areas of employee-employer relationship undefined. The best solution is to get a contract whenever you accept employment and to document any promises made by your employer about your rights, duties and work conditions.

References

• Employee Issues: Employee Rights Articles
• The U.S. Equal Employment Opportunity Commission: Federal Laws Prohibiting Job Discrimination Questions and Answers
• Monster: If an Employee Does Not Have a Contract what are the Terms of Employment?
• References-Etc: State Employment Laws / Statutes