Essential Guide to Employment Law Terms

Table Of Contents

What is Wrongful Termination?

Wrongful termination is the unlawful dismissal of an employee from a job. An employer commits wrongful termination when the employer violates an employment contract. An employer also commits wrongful termination when the employer breaches a public policy. Employment laws protect employees from arbitrary or unjust dismissals. Employees have legal recourse when an employer engages in wrongful termination.
Employment laws vary by jurisdiction. Employees need to understand the specific protections offered by local laws. Employers must adhere to these regulations. Employee handbooks often outline employer policies. These policies sometimes create implied contracts. Employees should review their employment agreements carefully. These agreements define the terms of employment.

What is At-Will Employment?

What is At-Will Employment? At-will employment means an employer terminates an employee for any reason. The employer provides no cause for termination. An employee leaves a job at any time. The employee provides no notice. At-will employment is the default employment standard in many places.
At-will employment does have exceptions. An employer cannot terminate an employee for an illegal reason. An illegal reason includes discrimination based on protected characteristics. An illegal reason includes retaliation for whistleblowing. An illegal reason includes a breach of contract. Employees sometimes have individual employment contracts. These contracts supersede at-will employment provisions.

What is Constructive Discharge in Employment Law?

Constructive discharge occurs when an employer creates intolerable working conditions. The working conditions become so difficult that an employee feels compelled to resign. An employee’s resignation under these circumstances is not voluntary. The law treats a constructive discharge as a wrongful termination. The employer's actions force the employee out of the job.
An employee demonstrates objectively intolerable working conditions. The employee shows employer intent for the employee to resign. Employer actions infer employer intent. The employee exhausts internal complaint procedures. The employee notifies the employer of difficult conditions.

What is Retaliation in Employment?

Retaliation in employment happens when an employer punishes an employee for exercising a legal right. An employee exercises a legal right by filing a complaint. An employee exercises a legal right by reporting discrimination. An employee exercises a legal right by participating in an investigation. The punishment can take many forms.
Retaliation includes termination. Retaliation includes demotion. Retaliation includes a reduction in pay. Retaliation includes a hostile work environment. Anti-discrimination laws protect employees from retaliation. Whistleblowing statutes also protect employees from retaliation. The employee shows a connection between the protected activity and the adverse action.

What is Employment Law Discrimination?

Discrimination in the workplace involves treating an employee unfavourably. The unfavourable treatment is based on a protected characteristic. Protected characteristics include race, colour, religion, sex, and national origin. Protected characteristics also include age, disability, and genetic information. Employment laws prohibit discrimination at every stage of employment.
Discrimination occurs during hiring. Discrimination occurs during promotion. Discrimination occurs during termination. Discrimination occurs in compensation. Employers treat all employees equally. Employers make employment decisions based on merit. Employees have legal avenues to address workplace discrimination.

What is Harassment in Employment Law?

Harassment in the workplace is a form of discrimination. Harassment involves unwelcome conduct. The unwelcome conduct is based on a protected characteristic. Harassment creates a hostile work environment. Harassment can also lead to an adverse employment decision. The conduct must be severe or pervasive.
A single isolated incident does not constitute harassment. A pattern of offensive behaviour usually constitutes harassment. Harassment is verbal. Harassment is physical. Harassment is visual. Employers have a duty to prevent harassment. Employers address harassment when harassment occurs.

FAQS

What is an employment contract?

An employment contract is a formal agreement between an employer and an employee. The employment contract outlines the terms and conditions of employment. The employment contract typically covers duties, compensation, and termination procedures.

What are protected characteristics?

Protected characteristics are specific attributes an employer cannot discriminate against. Protected characteristics include race, religion, sex, age, disability, national origin, and genetic information. Employment laws safeguard these characteristics.

What is a severance package?

A severance package is compensation an employer provides to an employee upon termination. The severance package often includes pay, benefits, and outplacement services. Employers sometimes offer severance packages in exchange for a release of claims.

What is a non-compete clause?

A non-compete clause is a contractual term. The non-compete clause restricts an employee from working for a competitor. The non-compete clause also restricts an employee from starting a competing business. The restriction applies for a specific period and geographic area.

What is whistleblower protection?

Whistleblower protection safeguards employees who report illegal or unethical activities. The protection prevents an employer from retaliating against the employee. Whistleblower laws encourage transparency and accountability in workplaces.

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