Ty Hyderally is a labor law attorney in New Jersey specializing in employment law, covering topics related to age discrimination and harassment.
The current employment situation favors the employer. Borrowing the phrase often used when expressing the basic law of supply and demand, this phenomenon can be portrayed as a “buyers market.” There simply are too many merchandise waiting to be to be bought in the labor market. Simply put, scores of job seekers are going after a very limited number of job openings. Employers have a larger crowd of applicants to choose from and can be more selective and discriminating. With too many competitors going after a particular job, applicants are finding it harder to be noticeable in the multitude of job seekers. The current economic problem is making it more vital for job applicants to be more knowledgeable on the fundamental laws of labor and employment.
At the forefront, it is necessary to point out that an overwhelming majority of employment contracts in most jurisdictions in the United States, counting New York and New Jersey, are based on mutual consent. This set-up allows any of the parties, the employer and the employee, to finish the employment relationship at any moment and for whatever grounds, as long as the reason for the termination is not against existing laws and not discriminatory in nature.
Some employers may require prospective employees to sign an employment contract as a pre-requisite to employment. In these cases, the provisions of the contract will be enforced over any general law provisions in case of conflict. The agreement may include complex, complicated, and wide-ranging area that can include a provision that settlement of any dispute arising from the contract shall be made in another state. Job applicants should fully understand the repercussions and mull over seeking advice from a labor attorney before signing such contracts.
There are state and federal laws that cannot be overturned by any employment contract. These rules frequently govern hiring procedures and practices. For instance, a prospective employee cannot be made to forfeit overtime pay as a requirement for getting the job. The age discrimination act of 1967 is enforced by the Equal Employment Opportunity Commission (EEOC). It protects job seekers and employees who are 40 years and above from discrimination based on age. This anti age discrimination act applies not only in hiring procedures, but also in promotion, compensation and to the other terms and conditions of employment.
Job hunters and employees who think that their current or potential bosses are violating any labor laws should seek the help of an experienced labor lawyer.
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