---
name: employment-law
description: |
  Guide to employment law fundamentals including at-will employment, discrimination protections, wage and hour rights, FMLA and leave entitlements, workplace safety under OSHA, unemployment benefits, wrongful termination indicators, and workplace issue documentation.
  Use when the user asks about employment law, or needs help with guide to employment law fundamentals including at-will employment, discrimination protections, wage and hour rights, fmla and leave entitlements, workplace safety under osha, unemployment benefits, wrongful termination indicators, and workplace issue documentation.
  Do NOT use when the request requires professional legal advice or falls outside the scope of employment law.
license: Apache-2.0
metadata:
  author: foundry-skills
  version: "1.0.0"
  tags: "legal-literacy contracts guide"
  category: "legal-civic"
  subcategory: "personal-legal"
  depends: ""
  disclaimer: "not-legal-advice"
  difficulty: "intermediate"
---

# Employment Law Basics

> **Disclaimer:** This skill provides general legal literacy and educational information to help you understand legal concepts and processes. It does NOT constitute legal advice, represent you in any legal matter, or create an attorney-client relationship. Laws vary by jurisdiction and change over time. Always consult a qualified attorney licensed in your jurisdiction for advice on specific legal matters affecting you.

## When to Use

**Use this skill when:**
- User wants to understand their workplace rights on a specific issue
- User needs to know employment law basics for a work situation
- User wants to understand what constitutes wrongful termination or discrimination
- User needs guidance on wage, hour, or leave entitlements

**Do NOT use this skill when:**
- User needs legal representation for an active employment dispute -- refer to employment attorney
- User wants to draft employment contracts -- refer to legal professional
- User needs advice on specific case outcomes -- this skill teaches literacy, not legal counsel

## Process

1. **Step 1:** Identify the specific employment issue and jurisdiction (federal vs. state)
2. **Step 2:** Explain applicable laws and protections in plain language
3. **Step 3:** Describe documentation the user should gather
4. **Step 4:** Outline filing procedures for complaints or claims
5. **Step 5:** Identify when professional legal counsel is needed

## Purpose

This skill helps employees understand their fundamental workplace rights, recognize when those rights may be violated, and take appropriate action. It covers the most common employment law issues from hiring through termination.

---

## Questions to Ask the User First

1. **What is your employment situation?** (full-time, part-time, contractor, temporary, intern)
2. **What is your primary concern?** (discrimination, wages, leave, safety, termination, harassment, retaliation, other)
3. **How many employees does your company have?** (many laws have minimum employee thresholds)
4. **What state do you work in?** (state laws often provide greater protections than federal)
5. **Do you have an employment contract or are you at-will?**
6. **Is there an employee handbook?**
7. **Are you a member of a union?**
8. **Have you reported this issue to HR or management?**
9. **Have you documented the issue?**
10. **How long ago did the issue start?** (statutes of limitations apply)

---

## Step 1: At-Will Employment

### What At-Will Means

At-will employment means either party (employer or employee) can end the employment relationship at any time, for any reason, or for no reason, with or without notice -- **except for illegal reasons**.

### Exceptions to At-Will Employment

| Exception | Description | Example |
|---|---|---|
| **Discrimination** | Cannot fire based on protected class | Firing someone because of their race |
| **Retaliation** | Cannot fire for exercising legal rights | Firing someone for filing a safety complaint |
| **Public Policy** | Cannot fire for reasons that violate public policy | Firing someone for serving jury duty |
| **Implied Contract** | Employer's handbook or statements created an implied contract | Handbook says "employees will only be terminated for cause" |
| **Covenant of Good Faith** | Some states recognize an obligation of fair dealing | Firing someone the day before their pension vests |
| **Statutory Protection** | Specific laws prohibit termination in certain situations | Firing someone for taking FMLA leave |
| **Whistleblower Protection** | Cannot fire for reporting illegal activity | Firing someone for reporting fraud |

### States That Are NOT At-Will (or Have Significant Modifications)
Montana is the only state that is not an at-will employment state (requires good cause for termination after a probationary period). However, many states have strong implied contract exceptions, public policy exceptions, or additional statutory protections that significantly modify at-will employment.

---

## Step 2: Discrimination Protections

### Federal Protected Classes

| Protected Class | Law | Employer Size Threshold |
|---|---|---|
| Race, Color, National Origin | Title VII, Civil Rights Act | 15+ employees |
| Sex (incl. pregnancy, sexual orientation, gender identity) | Title VII (per Bostock v. Clayton County) | 15+ employees |
| Religion | Title VII | 15+ employees |
| Age (40+) | Age Discrimination in Employment Act (ADEA) | 20+ employees |
| Disability | Americans with Disabilities Act (ADA) | 15+ employees |
| Genetic Information | Genetic Information Nondiscrimination Act (GINA) | 15+ employees |
| Citizenship Status | Immigration and Nationality Act | All employers |
| Military Service | USERRA | All employers |

### State and Local Additions
Many states and cities add additional protected classes including:
- Marital status
- Sexual orientation and gender identity (beyond federal)
- Political affiliation
- Criminal history (ban-the-box laws)
- Credit history
- Source of income
- Weight/appearance
- Caregiver status

### Types of Discrimination
```
DISCRIMINATION TYPES:

1. DISPARATE TREATMENT (Intentional)
   Direct discrimination based on protected class.


2. DISPARATE IMPACT (Unintentional)
   Neutral policy that disproportionately affects a protected group.


3. HARASSMENT
   Unwelcome conduct based on protected class that is severe or
   pervasive enough to create a hostile work environment.


4. FAILURE TO ACCOMMODATE
   Employer refuses to provide reasonable accommodation for disability
   or religious practice.


5. RETALIATION
   Adverse action against employee for reporting discrimination,
   participating in an investigation, or filing a complaint.
```

### Filing a Discrimination Complaint
```
DISCRIMINATION COMPLAINT PROCESS:

Step 1: Document everything (see Documentation section below)

Step 2: Report internally (if safe to do so)
- Follow company complaint procedure
- File written complaint with HR
- Keep a copy of everything you submit

Step 3: File with EEOC or state agency
- EEOC filing deadline: 180 days from discriminatory act
  (300 days if your state has a fair employment agency)
- File online at eeoc.gov or in person at local EEOC office
- State agency deadlines may differ

Step 4: EEOC investigation
- EEOC may attempt mediation
- EEOC investigates and issues a determination
- If EEOC finds cause, they may attempt conciliation
- If not resolved, EEOC issues a "Right to Sue" letter

Step 5: Private lawsuit
- Must be filed within 90 days of receiving Right to Sue letter
- Consult an employment attorney (many work on contingency)

CRITICAL DEADLINES:
- EEOC charge: 180/300 days from discriminatory act
- Right to Sue lawsuit: 90 days from receiving the letter
- State deadlines may vary -- check your state's requirements
```

---

## Step 3: Wage and Hour Rights

### Federal Minimums (Fair Labor Standards Act)
```
WAGE AND HOUR BASICS:

MINIMUM WAGE:
- Federal: $7.25/hour (as of current FLSA; many states are higher)
- Check your state and city -- the HIGHEST applicable minimum wage applies
- Tipped employees: $2.13/hour federal minimum (tips must bring total to full minimum)

OVERTIME:
- Non-exempt employees: 1.5x regular rate for hours over 40/week
- Some states require daily overtime (e.g., California: over 8 hours/day)
- "Overtime exempt" requires BOTH:
  1. Salary above threshold ($684/week federal; higher in some states)
  2. Job duties meet exempt criteria (executive, administrative, professional, etc.)

THINGS YOUR EMPLOYER CANNOT DO:
[ ] Pay you less than minimum wage
[ ] Refuse to pay overtime to non-exempt employees
[ ] Require off-the-clock work
[ ] Make illegal deductions that take pay below minimum wage
[ ] Misclassify you as exempt to avoid paying overtime
[ ] Misclassify you as independent contractor to avoid wage/hour obligations
[ ] Retaliate against you for complaining about wage violations
[ ] Withhold your final paycheck (state laws set deadlines)

THINGS TO TRACK:
[ ] Hours worked (including before/after shift, through lunch if working)
[ ] Overtime hours
[ ] Tips received
[ ] Deductions from paycheck
[ ] Missed meal or rest breaks (required in some states)
```

### Common Wage Violations

| Violation | What It Looks Like |
|---|---|
| Off-the-clock work | Required to set up before clocking in, answer emails after hours |
| Misclassification as exempt | You make a salary but your duties do not meet the exempt test |
| Misclassification as contractor | You work like an employee but receive a 1099 |
| Tip theft | Employer takes a portion of tips (beyond legal tip pools) |
| Illegal deductions | Deductions for breakage, cash register shortages, uniforms that take pay below minimum |
| Missed breaks | Not allowed legally required meal/rest periods |

### Filing a Wage Claim
```
WAGE CLAIM PROCESS:

Option 1: File with federal Department of Labor (DOL)
- Online: dol.gov
- Phone: 1-866-487-9243
- No cost to file
- Back pay recovery up to 2 years (3 years for willful violations)

Option 2: File with state labor department
- Often provides faster resolution
- May have higher penalties for employers
- Some states allow recovery of additional damages

Option 3: Private lawsuit
- May recover back pay, liquidated damages (double), and attorney fees
- Consult an employment attorney
- Class/collective action possible if others are affected

KEEP RECORDS:
- Pay stubs (all of them)
- Your own log of hours worked
- Any communication about pay or hours
- Employment agreement
- Employee handbook
```

---

## Step 4: FMLA and Leave Rights

### Family and Medical Leave Act (FMLA)
```
FMLA BASICS:

ELIGIBILITY (ALL must be met):
[ ] Employer has 50+ employees within 75 miles
[ ] You have worked for this employer for 12+ months
[ ] You have worked 1,250+ hours in the past 12 months

WHAT FMLA PROVIDES:
- Up to 12 weeks unpaid, job-protected leave per year for:
  * Birth/placement of a child
  * Caring for a spouse, child, or parent with a serious health condition
  * Your own serious health condition
  * Qualifying exigency related to military service
- Up to 26 weeks for military caregiver leave
- Continuation of health insurance during leave
- Return to the same or equivalent position

YOUR EMPLOYER MUST:
[ ] Grant eligible FMLA leave
[ ] Continue your health insurance
[ ] Restore you to same or equivalent position
[ ] Not retaliate for taking FMLA leave
[ ] Not count FMLA leave against you in performance reviews

YOUR EMPLOYER MAY:
[ ] Require medical certification
[ ] Require 30 days advance notice (when foreseeable)
[ ] Require you to use accrued PTO concurrently
[ ] Deny leave if you are a "key employee" (limited exception)
```

### Other Leave Protections

| Leave Type | Law | Key Provisions |
|---|---|---|
| Pregnancy | Pregnancy Discrimination Act | Cannot discriminate; must treat same as other medical conditions |
| Military | USERRA | Job protection during military service; re-employment rights |
| Voting | State laws | Many states require time off to vote |
| Jury Duty | Federal + state laws | Job protection during jury service |
| Domestic Violence | State laws (varies) | Leave for court proceedings, safety planning |
| State Paid Family Leave | CA, NY, NJ, WA, MA, CT, OR, CO, MD, others | Paid leave for family/medical reasons |
| State sick leave | Many states + cities | Paid sick leave mandates |

---

## Step 5: Workplace Safety (OSHA)

### Your OSHA Rights
```
OSHA RIGHTS:

You have the right to:
[ ] A safe and healthy workplace
[ ] Know about hazardous chemicals (Safety Data Sheets)
[ ] Receive training on workplace hazards
[ ] Request an OSHA inspection (confidential)
[ ] Report a workplace injury or illness
[ ] Access your exposure and medical records
[ ] Be free from retaliation for raising safety concerns

YOUR EMPLOYER MUST:
[ ] Provide a workplace free from recognized hazards
[ ] Comply with OSHA standards
[ ] Provide required safety equipment at no cost to you
[ ] Keep records of work-related injuries and illnesses
[ ] Post OSHA citations and injury records
[ ] Not retaliate against employees who raise safety concerns

TO FILE AN OSHA COMPLAINT:
- Online: osha.gov/workers/file-complaint
- Phone: 1-800-321-OSHA (6742)
- You can file confidentially
- OSHA must investigate complaints about imminent danger
- Retaliation complaints must be filed within 30 days
```

---

## Step 6: Unemployment Benefits

### General Eligibility
```
UNEMPLOYMENT BENEFITS BASICS:

GENERALLY ELIGIBLE IF:
[ ] You lost your job through no fault of your own (layoff, position eliminated)
[ ] You meet minimum earnings requirements (varies by state)
[ ] You are able and available to work
[ ] You are actively seeking employment

GENERALLY NOT ELIGIBLE IF:
[ ] You quit voluntarily (exceptions: constructive discharge, good cause)
[ ] You were fired for misconduct
[ ] You are self-employed (some states have exceptions)
[ ] You refuse suitable work

"GOOD CAUSE" FOR QUITTING (may qualify you):
- Unsafe working conditions
- Significant changes to job terms (pay cut, location change)
- Discrimination or harassment that employer failed to address
- Domestic violence requiring relocation
- Medical condition (with documentation)

HOW TO FILE:
1. File with your state's unemployment agency (usually online)
2. File as soon as possible after job loss (there may be a waiting period)
3. Provide: employment history, employer information, reason for separation
4. Certify weekly/biweekly that you are seeking work
5. If denied, appeal within the deadline (typically 10-30 days)

TIPS:
- Apply even if you think you might not qualify
- Document your job search as required
- Respond to ALL correspondence from the unemployment office by deadlines
- If your employer disputes your claim, prepare for a hearing
```

---

## Step 7: Wrongful Termination Signs

### Red Flags That Your Termination May Be Illegal
```
WRONGFUL TERMINATION INDICATORS:

TIMING-BASED RED FLAGS:
[ ] Fired shortly after filing a complaint (discrimination, safety, wages)
[ ] Fired shortly after taking FMLA or medical leave
[ ] Fired shortly after requesting disability accommodation
[ ] Fired shortly after reporting illegal activity (whistleblowing)
[ ] Fired shortly after exercising a legal right (jury duty, voting, workers' comp)

PATTERN-BASED RED FLAGS:
[ ] You are being treated differently than similarly situated coworkers
[ ] Your department is "reorganized" but only members of a protected class lose jobs
[ ] Performance reviews suddenly became negative after protected activity
[ ] New rules or standards applied only to you
[ ] You were set up to fail with impossible goals or inadequate resources

PROCESS-BASED RED FLAGS:
[ ] No progressive discipline as outlined in the handbook
[ ] Reasons given for termination changed over time
[ ] No documentation of the alleged performance issues
[ ] Not given the same opportunities to improve as other employees
[ ] Terminated via unusual process (no meeting, no explanation)

STATEMENT-BASED RED FLAGS:
[ ] Comments about your age, gender, race, disability, etc. by decision-makers
[ ] Being told "you are not a good fit" with no specific performance issues
[ ] Manager expressed displeasure about your leave, accommodation, or complaint
```

### What to Do If You Suspect Wrongful Termination
```
IMMEDIATE ACTIONS:

[ ] Do NOT sign a severance agreement immediately -- request time to review
    (you have a right to review; if over 40, ADEA requires 21 days minimum)
[ ] Collect and secure your documentation BEFORE leaving the workplace
    (personal copies only -- do not take confidential company documents)
[ ] Request your termination reason in writing
[ ] File for unemployment immediately
[ ] Write a detailed personal memo of events while fresh in your memory
[ ] Consult an employment attorney (many offer free consultations)
[ ] Be aware of filing deadlines:
    - EEOC: 180/300 days
    - OSHA retaliation: 30 days
    - State deadlines vary
```

---

## Step 8: Documenting Workplace Issues

### The Documentation System
```
WORKPLACE DOCUMENTATION LOG:

For each incident, record:

DATE: {{DATE}}
TIME: {{TIME}}
LOCATION: {{LOCATION}}
WHAT HAPPENED: {{DETAILED_FACTUAL_DESCRIPTION}}
WHO WAS INVOLVED: {{NAMES_AND_TITLES}}
WHO WITNESSED IT: {{NAMES_AND_CONTACT_INFO}}
WHAT WAS SAID: {{DIRECT_QUOTES_IF_POSSIBLE}}
HOW IT AFFECTED YOU: {{IMPACT_ON_WORK_OR_WELLBEING}}
DOCUMENTS/EVIDENCE: {{EMAILS_PHOTOS_ETC}}

DOCUMENTATION RULES:
1. Write entries as soon as possible after the event
2. Stick to FACTS -- not opinions or feelings
3. Use direct quotes when possible
4. Note any witnesses
5. Keep this log at HOME, not at work
6. Email copies to your personal email
7. Keep physical copies in a safe place
8. Do NOT use company devices for your documentation
9. Save relevant emails/texts to personal devices/accounts
10. Get copies of performance reviews, disciplinary actions, and your personnel file
```

### Internal Complaint Template
```
FORMAL INTERNAL COMPLAINT

Date: {{DATE}}

To: {{HR_REPRESENTATIVE_NAME}}
    Human Resources Department
    {{COMPANY_NAME}}

From: {{YOUR_NAME}}
      {{YOUR_TITLE/DEPARTMENT}}

RE: Formal Complaint -- {{TYPE: Discrimination / Harassment /
    Safety / Wage Violation / Retaliation}}

I am filing this formal written complaint regarding {{BRIEF_DESCRIPTION}}.

FACTUAL SUMMARY:
[Chronological, factual account of what happened, including dates,
names, locations, witnesses, and any direct quotes]

IMPACT:
This conduct has affected me in the following ways: {{IMPACT}}.

PRIOR REPORTS:
[If applicable] I previously reported this issue on {{DATE}} to
{{PERSON}} via {{METHOD}}. The result was {{OUTCOME}}.

REQUESTED ACTION:
I request that the company:
1. Investigate this complaint promptly and thoroughly
2. Take appropriate corrective action
3. Ensure no retaliation against me for filing this complaint
4. Inform me of the outcome of the investigation

I am willing to participate fully in any investigation and can be
reached at {{PERSONAL_PHONE}} or {{PERSONAL_EMAIL}}.

Thank you for your prompt attention to this matter.

Sincerely,
{{YOUR_NAME}}

[Keep a copy. Send via email to create a timestamped record.
Consider also sending certified mail to your home to prove it existed.]
```

---

## Quick Reference: Key Federal Employment Laws

| Law | What It Covers | Applies To |
|---|---|---|
| Title VII | Discrimination based on race, sex, religion, national origin, color | 15+ employees |
| ADA | Disability discrimination and accommodation | 15+ employees |
| ADEA | Age discrimination (40+) | 20+ employees |
| FMLA | Family and medical leave | 50+ employees |
| FLSA | Minimum wage, overtime, child labor | Most employers |
| OSHA | Workplace safety and health | Most employers |
| NLRA | Right to organize, collective bargaining | Most private employers |
| USERRA | Military service member protections | All employers |
| COBRA | Continuation of health insurance after job loss | 20+ employees |
| WARN Act | 60-day notice for mass layoffs | 100+ employees |
| EPA | Equal pay for equal work regardless of sex | All employers |
| EPPA | Restricts employer use of polygraph tests | Most private employers |

---

*This skill provides general employment law information. Employment law is complex and fact-specific. For any serious workplace issue, consult a licensed employment attorney. Many offer free initial consultations and work on contingency for discrimination and wrongful termination cases.*


## Output Format

```
EMPLOYMENT LAW OUTPUT
=====================

Section 1: Assessment / Analysis
- Key findings
- Recommendations

Section 2: Action Plan
- Step-by-step guidance
- Timeline if applicable

Section 3: Resources
- Relevant references
- Next steps
```

## Example

**Input:** "My employer has not paid me overtime for the past 3 months even though I work 50+ hours per week. I am an hourly employee. What are my rights?"

**Output:**

## Employment Rights: Unpaid Overtime

### Applicable Law
The Fair Labor Standards Act (FLSA) is the federal law governing overtime. [JURISDICTION: verify your state may have additional protections]

### Your Rights Under FLSA
- Non-exempt (hourly) employees MUST receive 1.5x their regular rate for all hours over 40 in a workweek
- Your employer cannot waive this requirement even if you "agreed" to it
- You are owed back pay for all unpaid overtime

### Calculating What You Are Owed
10 extra hours/week x 3 months (roughly 13 weeks) = 130 overtime hours
130 hours x (1.5 x your hourly rate) = amount owed
[JURISDICTION: some states require daily overtime after 8 hours, not just weekly after 40]

### Steps to Take
1. **Document everything:** Save pay stubs, time records, schedules, and any communications about hours worked
2. **Request in writing:** Send your employer a written request for the unpaid overtime (email creates a record)
3. **File a wage complaint:** If employer refuses, file with the Department of Labor Wage and Hour Division (WHD) at no cost
4. **Time limit:** FLSA allows claims going back 2 years (3 years if violation was willful)

### When to Get an Attorney
If your employer retaliates (reduces hours, fires you, or threatens you) after you raise the overtime issue, that is illegal retaliation. Contact an employment attorney -- many take wage cases on contingency (no upfront cost).

## Edge Cases

- **Incomplete information:** Ask clarifying questions before proceeding. Do not assume details the user has not provided.
- **Out of scope requests:** Redirect to appropriate professional resources when the request exceeds educational guidance.
- **Conflicting requirements:** Present trade-offs clearly and let the user decide priorities.
