Know Your Rights: An Employee's Guide

This information is provided as general guidance to help you understand your rights in the workplace. Employment laws vary by jurisdiction and can change over time. For personalized assistance with your employment law questions, please contact me for a confidential consultation.

Your Right to Freedom from Discrimination & Harassment

What discrimination protections do I have in the workplace?

You have the legal right to work free from discrimination based on protected characteristics. The law protects you from unfair treatment because of your race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, or genetic information. These protections apply to hiring, firing, promotions, pay, and other workplace decisions. Experiencing unfavorable treatment because you belong to one of these protected groups is illegal, and you have the right to take action against it.

How can I identify if I'm working in a legally hostile work environment?

You have the right to work in an environment free from severe or pervasive harassment. To qualify as a legally hostile environment, you need to experience unwelcome conduct based on your protected characteristic (such as gender or race) that a reasonable person would find intimidating, hostile, or abusive. While unpleasant working conditions alone don't necessarily constitute a hostile environment, you have the right to be free from harassment connected to your protected status.

Your Wage & Hour Rights

What are my rights to overtime pay?

You generally have the right to receive overtime pay at 1.5 times your regular rate when working more than 40 hours in a workweek, unless you qualify as an "exempt" employee. Exemptions typically apply to properly classified executives, administrators, professionals, computer specialists, and outside sales employees who meet specific salary thresholds and job duty requirements. Your job title alone doesn't determine your exempt status—what matters is your actual day-to-day responsibilities and how you're paid.

What rights do I have regarding proper employment classification?

You have the right to be properly classified as either an employee or an independent contractor based on the reality of your working relationship, not just what your company calls you. This classification affects your rights to benefits, overtime, workers' compensation, and unemployment insurance. Factors determining proper classification include who controls your work, your opportunity for profit or loss, whether you've invested in your own equipment, specialized skills required, permanence of the relationship, and how integral your role is to the company's core business.

What rights do I have if I'm not being paid correctly?

You have the right to formally communicate your concerns to your employer in writing, specifying what you believe you're owed and all without fear of reprisal. If they fail to rectify the situation, you have the right to file a complaint with the Department of Labor's Wage and Hour Division or your state labor agency.

Your Family & Medical Leave Rights

What are my rights to FMLA leave?

If you meet the eligibility requirements, you have the right to take up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA). To qualify, you must: work for a covered employer (either a public agency or a private employer with at least 50 employees); have worked there for at least 12 months (not necessarily consecutive); have worked at least 1,250 hours during the previous 12 months; and work at a location with at least 50 employees within a 75-mile radius.

What situations give me the right to take FMLA leave?

If you're eligible, you have the right to take FMLA leave for specific qualifying reasons: welcoming a new child through birth, adoption, or foster placement; caring for a spouse, child, or parent with a serious health condition; addressing your own serious health condition that prevents you from performing your job; or managing certain circumstances related to a family member's military service, including deployment or service-related injuries.

What job protections do I have when taking FMLA leave?

You have the right to return to either your exact same position or an equivalent one with the same pay, benefits, and working conditions after taking FMLA leave. Your employer cannot terminate your employment, reduce your hours, or take other adverse actions against you for exercising your FMLA rights. Limited exceptions exist if you would have been laid off regardless of taking leave or if you're among the highest-paid 10% of employees and your return would cause "substantial and grievous economic injury" to the company. If you believe you've been penalized for taking FMLA leave, you have the right to consult with an employment attorney promptly.

Your Protection Against Retaliation

What retaliation protections do I have in the workplace?

You have the right to engage in legally protected activities without facing adverse consequences from your employer. These protected activities include reporting discrimination, whistleblowing on illegal practices, refusing to participate in unlawful conduct, taking FMLA leave, or requesting reasonable accommodations. If your employer responds with termination, demotion, pay cuts, sudden schedule changes, or other negative actions because of your protected activity, you may have a valid retaliation claim.

What rights do I have as a whistleblower?

As a whistleblower, you have protections under various federal and state laws, depending on what you're reporting and where you work. Some industries offer robust protections, particularly for reporting securities violations, workplace safety issues, and government fraud. In New York, Labor Law §740 was expanded in 2022 to provide broad coverage to employees who report what they reasonably believe to be illegal conduct.

Your Rights Regarding Employment Contracts

What rights do I have regarding non-compete agreements?

The enforceability of non-compete agreements varies dramatically depending on your location. In New York, courts apply a reasonableness test examining geographic scope, duration, and legitimate business interests. Judges may strike down overreaching agreements entirely or modify them to make them reasonable.

What should I be aware of when signing an employment contract?

You should carefully review and negotiate your employment contract before signing. Pay particular attention to arbitration clauses, compensation structure (including bonus calculations), performance metrics, termination provisions (especially what constitutes "cause"), restrictive covenants like non-competes and non-solicitation clauses, intellectual property ownership, mandatory arbitration clauses, and severance terms. Your negotiating leverage is often strongest before you accept an offer. You have the right to have an employment attorney review significant contracts before signing to identify problematic provisions and suggest alternatives that better protect your interests.

What rights do I have if my employer tries to change my employment terms?

Your rights depend largely on whether you're an at-will employee or working under a contract. As an at-will employee, your employer generally has broad latitude to modify terms going forward (though not retroactively), with important exceptions related to discrimination and retaliation. If you have an employment contract, your employer typically cannot unilaterally change material terms mid-contract without your consent. Substantial negative changes to employment conditions may constitute "constructive discharge," essentially forcing you to resign due to intolerable working conditions. You have the right to consult with an employment attorney if your employer attempts to modify your terms in questionable ways.

Your General Employment Rights

What rights do I have as an "at-will" employee?

While "at-will" employment means either you or your employer can end the relationship at any time, with or without cause or notice, you still have important protections. Your employer cannot terminate you for discriminatory reasons, in retaliation for protected activities, in violation of a contract (including implied contracts in some cases), or contrary to public policy (such as firing you for refusing to commit fraud). "At-will" is the starting point of the analysis, not the end of it.

What constitutes wrongful termination and what are my rights?

Despite "at-will" employment being the default in most states, you have protection against wrongful termination. You may have a valid claim if you were fired because of your protected characteristics (race, gender, etc.), in retaliation for protected activities (like reporting harassment), in violation of an employment contract or handbook provisions, or contrary to public policy (such as termination for refusing to break the law).

When should I consider consulting an employment attorney about my rights?

You should call me whenever you feel something is wrong with how you're being treated at work. Consider consulting me if you're experiencing discrimination or harassment; you're being offered a severance agreement or complex employment contract; you suspect wage and hour violations; you've been terminated under questionable circumstances; you need to negotiate a non-compete; or you're facing any significant workplace issue affecting your rights or livelihood. I offer initial consultations at no cost, providing a low-risk way for you to get professional guidance before making decisions. The sooner you seek advice, the better positioned you'll be to protect your rights.

Your Rights When Employers Fail to Act

What rights do I have if my employer ignores my discrimination or harassment complaint?

If your employer hasn't responded to your formal complaint within a reasonable timeframe (typically 2-4 weeks), you have the right to follow up in writing, documenting your original complaint date and requesting a status update. If you still receive no response, you have the right to escalate to higher management or the company's legal department if available. Or, reach out to me or another attorney to consult about our options.

How does my employer's failure to investigate affect my legal rights?

Your employer's failure to promptly investigate your discrimination or harassment complaint can create additional liability beyond the underlying discrimination claim. This inaction can be viewed by courts as evidence the company doesn't take discrimination seriously and may support punitive damages in subsequent litigation. In harassment cases, an employer that receives a complaint but fails to take prompt corrective action may lose important legal defenses they might otherwise have had.

How long should I wait before exercising additional rights when my complaint is ignored?

You can expect acknowledgment of your complaint within days and the beginning of an investigation within 1-2 weeks. If you've heard nothing after 30 days, that strongly indicates your complaint isn't being taken seriously. Remember that external filing deadlines with agencies like the EEOC have strict timeframes (typically 180-300 days depending on your location), and these continue running regardless of whether your employer is responding.