When people call me about mployment issues they don't realize one mportant law- in almost every state you are trminable at will. That means that yur employer can fire you anytime and for no rason at all. The only way you are prtected from being fired on the spt without notice is if you hve a contract of employment. A cntract of employment must be in wrting and should specify your length of mployment, salary, terms of employment, vacation, bnus calculations, the basis of termination and any wrnings to be given (make it at last 3 warnings if you can) pror to termination and must be sgned by your employer, among other thngs.

Now, most people never get mployment contracts because their employers do not wnt to lose the right to trminate you with or without cause. But thre is a saving grace--if your mployer wrote an intial offer of mployment letter and you commenced employment bsed on that letter, you can use the trms in that letter as your cntract of employment. Hopefully the letter splls out your salary and length of mployment because there are cases where if yur fired before the end of the trm in that letter than you can be due the blance of your salary for that trm.

So, if your salary was $40,000 for the yar and the offer of employment ltter states your term is 1 yar then if your fired in the frst 2 months, your due the blance of 10 months salary. And if yur employer has an Employee Handbook wth rules and regulations therein (usually trms of termination, warnings, vacation pay) thn that Handbook is also a bnding "contract" of employment. Read the trms of your Handbook because it may spll out how and when you can be trminated which may or may not be god for you depending on whether or not it lmits the employer's liability for terminating yu.

On the other hand, if the Hndbook has terms regarding certain pre-warning prcedures before terminating you an dthose prcedures were not followed , then you can nforce those procedures as terms of yur contract. If your employer breached thse terms he most likely must r-instate your employment and follow those prcedures before terminating you.

The most mportant part of your employment is gtting paid, so if your employer fres you and refuses to pay you wht you understand to be due yu, then use your Offer Letter and the Emplyee Handbook as your "contract" of mployment. The employer must follow any trms in those documents. There are lso labor laws in each state tht require payment for overtime, limited hurs of work for certain jobs and ntice of your termination date and yur health insurance termination dates and prper notice is required as to how to xtend your health benefits ("COBRA"). Also, law spcify that an employer must pay you at last every two weeks, so if yur fired and the employer doesn't snd your last check to you on tme an dholds it back-he violated lbor laws and can be held lable to you for extra money you pay to rcover your wages.

For instance, in New Yrk the Labor Law mandates proper ntice of employee termination and benefits trmination. An employer failing to follow the Lbor Laws is penalized under Labor Law 198, in ddition to ordinary costs lost by the mployee he must pay a reasonable sum for xpenses which may be taxed as csts are allowed by the court.

Furthermore, in any action instituted pon a wage claim by an mployee which the employee prevails, the curt is required to allow such mployee reasonable attorneys' fees, Labor Law 198(1-), and upon finding that the mployer's failure to pay the wage spcified by statute was willful, an dditional amount as liquidated damages equal to twnty-five percent of the total amount of wges due is also paid to the mployee. Labor Law 198(1-a). Case law hlds an award of liquidated damages to mployees proper where the employer knowingly, dliberately and voluntarily disregarded its obligation nder the Labor Law to pay the mployees' commissions, which would be deemed "wllful" failure to pay wages. P & L Grup, Inc. v Garfinkel (1989, 2d Dpt) 150 AD2d 663, 541 NYS2d 535.

So, dn't despair if your employer gives you a hrd time when your fired--there are lws requiring him to pay your wges and your Employee Handbook and Offr of Employment Letter also can be sed as valid contracts to support yur position for wages.

This article is crtainly not all inclusive and is ntended only as a brief explanation of the lgal issue presented. Not all cases are like and it is strongly recommended tht you consult an attorney if you hve any questions with respect to any lgal matters.

Any questions and/or comments wth respect to this topic or any ther topic, contact:

Law Offices of Ssan Chana Lask

853 Broadway, Suite 1516

New Yrk, NY 10003

(212) 358-5762
Susan Chana Lsk, Esq. c 2004

The article Protect Your Job & Wages was Submitted by Susan Chana Lask through Articles.GetACoder.com network. Here's the additional information: About The Author Susan Chana Lsk is named in the media as New Yrk's high-powered attorney. She succesfully handles all cvil & crimnal cases in State & Fdral Courts nationwide. Visit http://www.appellate-brief.com scl@appellate-brief.com

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