In the United States, the principle of "at-will" employment is followed by most states. This means employers can terminate an employee's contract at any time, for any reason (or no reason), as long as the termination doesn't violate any law or contractual agreements. Similarly, employees can leave their job at any time without a specific reason.

Lawful Grounds for Dismissal

Despite the flexibility of at-will employment, there are circumstances where termination of employment would be unlawful. For instance, if an employee has an employment contract (written or implicit) that outlines specific conditions for termination, the employer must abide by those terms. Additionally, laws vary by state, but generally, you can't terminate an employee for reasons that violate public policy, such as refusing to engage in an illegal act, performing jury duty, or whistleblowing.

Notice Requirements

Under the Worker Adjustment and Retraining Notification Act (WARN), covered employers are required to give 60 days' advance notice of plant closings and mass layoffs. Individual states may have further notice requirements. Moreover, individual employment contracts or agreements may stipulate specific notice periods that go beyond the legal minimum.

Severance Pay

US federal law does not mandate severance pay for terminated employees. However, severance packages might be offered as part of company policy or negotiated in employment contracts, particularly for higher-level positions.

Federal law prohibits discrimination in employment on the basis of several protected characteristics. These include:

Race

Protection extends to discrimination based on racial traits, skin color, and ancestry associated with race.

Color

Discrimination based purely on a person's skin complexion is prohibited.

Religion

Employers must make reasonable accommodations for sincerely held religious beliefs and practices unless it would cause an undue hardship for the business.

Sex

This encompasses discrimination based on pregnancy, childbirth, related medical conditions, gender identity, and sexual orientation.

National Origin

Protection is provided against discrimination due to birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.

Age (40 and older)

The law prohibits discrimination against individuals aged 40 or older.

Disability

Employers must provide reasonable accommodations for qualified individuals with a disability, defined broadly under the law.

Genetic information

Discrimination based on genetic information, including family medical history, is barred.

It's important to note that many states and some localities offer protections for additional characteristics not covered under federal law.

Redress Mechanisms

If you believe you've experienced workplace discrimination, there are several steps you can take:

1. Company Policies: Check your company's internal complaint procedure and follow guidelines if available.
2. The EEOC: File a charge of discrimination with the Equal Employment Opportunity Commission. Charges must generally be filed within strict time limits.
3. State Agencies: Many states have Fair Employment Practices Agencies (FEPAs) that handle discrimination complaints. Contact your state labor department.
4. File a Lawsuit: In some cases, after obtaining a "right to sue" letter, you may file a lawsuit in court.

Employer Responsibilities

Employers have several responsibilities to prevent and address discrimination:

• Proactive Prevention: Implement policies prohibiting discrimination and harassment. Establish clear reporting and investigation procedures.
• Education and Training: Provide managers and employees with training on anti-discrimination laws and foster a respectful workplace culture.
• Respond Promptly to Complaints: Take allegations of discrimination seriously. Conduct thorough, impartial investigations, and take appropriate corrective action if wrongdoing is found.

It's recommended to seek legal counsel from an employment lawyer for personalized guidance on your specific situation.

In the United States, working condition standards are governed by a mix of federal and state regulations.

Work Hours

There is no federal law setting a maximum limit for the workweek. However, the Fair Labor Standards Act (FLSA) does stipulate requirements for overtime pay. Under the FLSA, non-exempt employees, which includes most hourly workers, must receive overtime pay. This pay is calculated at one and a half times their regular rate for any hours worked beyond 40 in a workweek.

Rest Periods

The FLSA does not mandate breaks. However, some states have laws in place that require meal and rest periods. These periods are dependent on the number of hours worked per day or week.

Ergonomic Requirements

The Occupational Safety and Health Administration (OSHA) provides guidelines for designing workplaces. These guidelines aim to prevent musculoskeletal disorders (MSDs) that can be caused by repetitive motions or awkward postures. However, these are not strictly enforced regulations.

It's important to note that state regulations can provide additional protections regarding breaks, work hours, and ergonomic considerations. Employees should consult their state's Department of Labor for specific details. Additionally, unionized workplaces may have negotiated terms that provide better working conditions than the legal minimums.

The Occupational Safety and Health Act (OSHA) of 1970 is a fundamental piece of legislation that governs health and safety regulations in American workplaces. It authorizes the Occupational Safety and Health Administration (OSHA) to establish and enforce standards that ensure safe working environments.

Employer Obligations

Under OSHA, employers are required to provide a workplace free from recognized hazards that could cause serious physical harm. This responsibility includes several specific obligations:

• Developing and maintaining a safety and health program: Employers should identify workplace hazards, establish procedures for hazard communication and employee training, and implement measures to prevent injuries and illnesses.
• Providing personal protective equipment (PPE): If engineering controls cannot eliminate hazards, employers must provide appropriate PPE, such as gloves, respirators, or safety glasses, and ensure their proper use.
• Hazard communication: Employers must inform workers about potential hazards through labels, safety data sheets, and training programs.
• Recordkeeping of injuries and illnesses: Employers are required to maintain records of work-related injuries and illnesses.

Employee Rights

OSHA guarantees several rights to employees regarding workplace safety and health:

• Right to a safe and healthful workplace: This includes the right to be protected from recognized hazards and request OSHA inspections.
• Right to training: Employees have the right to receive safety and health training in a language they understand.
• Right to file a complaint: Workers can confidentially report unsafe working conditions to OSHA.
• Right to refuse unsafe work: Employees can refuse tasks with a reasonable belief of serious danger, without fear of retaliation.

Enforcement Agencies

OSHA is the primary federal agency responsible for enforcing workplace safety and health regulations. It conducts inspections, investigates complaints, and issues citations and penalties for violations. However, some states have their own OSHA-approved state plans with the authority to enforce regulations within their jurisdictions.