Tips on How to Succeed at Your Job Interview
What Job Seekers Need to Know About Employment Laws
This is a guest post written by Tayeb Hyderally
Tayeb Hyderally is an employment law attorney in the state of New Jersey. He specializes in Employment law questions as well as issues related to labor laws, and employment discrimination.
Today’s job market can be characterized as a “buyer’s market.” This results from the abundance of unemployed individuals—or, the supply of labor—and the low number of open positions for which individuals are needed—or, the demand of labor. Thus, employers have a greater amount of applicants from whom to fill open positions and can be more selective. Likewise, competition for these open positions is greater and applicants are finding it more difficult to stand out from the crowd in this economy. In this context, it is critical for job seekers to educate themselves on the basics of the laws
surrounding the employment relationship.
As a preliminary matter, it should be noted that in the vast majority of jurisdictions in the United States, including New Jersey and New York, “at-will” employment is the default employment relationship. Under this rule, the employment relationship can be terminated by either party—the employer or the employee—at any time and for any reason, so long as the reason for the termination is not illegal (for example, a reason that is prohibited by law, like discrimination).
On the other hand, certain job seekers may be asked to sign an employment contract as a condition of employment. Typically, the terms and conditions set forth in the contract will trump any default rules that would otherwise apply. The contract may also create intricate and extensive obligations on the parties, and may even require that the laws of a different state will govern in the event of any disputes. Job seekers should thus be mindful of the possible intricacies, and should consider getting advice from an attorney that handles employment agreements.
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In either context, with or without an employment contract, job seekers may note that state and federal laws prohibit various employment practices. These laws often apply to hiring procedures and practices, and often cannot be overridden by agreement. For example, a potential employee cannot agree to forgo overtime compensation as a condition of being hired. A job seeker who feels that a potential employer engaged in any practice that may be prohibited should consult with an attorney who is versed in employment law matters.
Finally, certain job seekers should be cognizant of any restrictions on their job prospects. Specifically, individuals who may have entered into contracts that impose restrictions on where and for whom these individuals may work—sometimes known as “non-compete” agreements. Prior to a job search, these individuals should consult an attorney versed in these types of agreements so as to avoid potential lawsuits, as well as the resulting expenses.
Although joblessness is never easy, and can sometimes be outright devastating, job seekers will benefit from being aware of the legal undertones to any job search. As in many other situations, knowing the lay of the land may have a big impact on conducting an effective job search.
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