Employment Law Guides
Category: Basics
At-will doesn't mean your employer can fire you for ANY reason. There are major exceptions.
At-will employment means that either the employer or employee can end the employment relationship at any time, for any reason — or no reason at all. This is the default rule in 49 out of 50 states (Montana is the exception).
But here's what most people don't know: At-will has massive exceptions. Your employer CANNOT fire you for an illegal reason, even in an at-will state.
Key exceptions to at-will employment include:
Discrimination — You can't be fired because of race, sex, age (40+), disability, religion, national origin, pregnancy, genetic information, or other protected characteristics.
Retaliation — You can't be fired for reporting discrimination, filing a workers' comp claim, reporting safety violations, or engaging in other protected activity.
Concerted activity — Under the NLRA, you can't be fired for discussing wages or working conditions with coworkers. This applies to most private sector workers.
Public policy — Many states prohibit firing employees for reasons that violate public policy, like refusing to commit a crime, serving jury duty, or reporting illegal activity.
Read full guide: The At-Will Employment Myth
Category: Basics
These are commonly confused but mean completely different things.
Right-to-work and at-will are frequently confused, but they address entirely different aspects of employment law.
At-will employment means you can be fired without cause (subject to illegal discrimination/retaliation exceptions).
Right-to-work means you cannot be required to join a union or pay union dues as a condition of employment. It has NOTHING to do with whether you can be fired.
Read full guide: Right-to-Work vs. At-Will: Not the Same
Category: Federal Law
The cornerstone federal law prohibiting employment discrimination. Applies to employers with 15+ employees.
Title VII of the Civil Rights Act of 1964 is the primary federal law prohibiting employment discrimination.
What it covers: Discrimination based on race, color, religion, sex, and national origin. After Bostock v. Clayton County (2020), sex discrimination includes sexual orientation and gender identity.
Who it applies to: Employers with 15 or more employees.
What counts as discrimination: Disparate treatment, disparate impact, hostile work environment, and retaliation.
How to file: You must first file a Charge of Discrimination with the EEOC within 180 days (300 days if your state has a fair employment agency).
Read full guide: Title VII: Federal Anti-Discrimination Law
Category: Basics
Retaliation claims are the #1 charge filed with the EEOC. Here's what you need to know.
Retaliation is the most commonly filed charge with the EEOC — the #1 basis every year for 17 consecutive years.
What is retaliation? An employer taking adverse action against you because you engaged in protected activity.
Protected activity includes: Filing a discrimination complaint, reporting safety violations, requesting a disability accommodation, taking FMLA leave, filing a workers' compensation claim, discussing wages with coworkers, and participating in an investigation as a witness.
Adverse actions include: Termination, demotion, pay cuts, schedule changes, increased scrutiny, negative performance reviews, transfers to undesirable positions.
You can have a valid retaliation claim even if the underlying discrimination complaint was wrong — as long as you made it in good faith.
Read full guide: Retaliation: Your Most Powerful Protection
Category: Federal Law
The ADA requires employers to provide reasonable accommodations for disabilities. Learn how the interactive process works, what accommodations are available, and what to do if your request is denied.
The Americans with Disabilities Act (ADA) is one of the most important federal employment laws. It prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations — changes to the work environment or job duties that enable you to perform your essential job functions.
Who Is Covered: The ADA applies to employers with 15 or more employees. The definition of disability is intentionally broad: any physical or mental impairment that substantially limits one or more major life activities. This includes conditions like chronic pain, diabetes, depression, anxiety, PTSD, ADHD, mobility impairments, vision or hearing loss, cancer, autoimmune disorders, and many others. You do not need to be "severely" disabled — the ADA was amended in 2008 to cover a wide range of conditions.
What Counts as a Reasonable Accommodation: Common accommodations include modified work schedules (e.g., adjusted start/end times for medical appointments), remote or hybrid work arrangements, ergonomic equipment (standing desks, specialized chairs, screen readers), additional break time, leave for medical treatment beyond FMLA, reassignment to a vacant position, modified job duties that remove non-essential functions, noise-canceling headphones, reduced lighting, and written instructions instead of verbal.
The Interactive Process: When you request an accommodation, your employer is legally required to engage in a good-faith interactive process with you. This means having a conversation about your limitations, what accommodations might help, and what is feasible for the employer. The employer cannot simply deny your request without exploring alternatives. They must consider each request individually and explain in writing if they deny it.
How to Request an Accommodation: You do not need to use the words "reasonable accommodation" or cite the ADA. Simply explain that you need a change at work because of a medical condition. However, it is strongly recommended to make your request in writing (email is ideal) to create a paper trail. Include: what you need, why you need it (in general terms — you do not need to disclose your diagnosis), and how it will help you perform your job.
What Employers Cannot Do: Your employer cannot fire you, demote you, reduce your hours, or retaliate against you for requesting an accommodation. They cannot require you to disclose your specific diagnosis to coworkers. They cannot refuse to engage in the interactive process. They can only deny an accommodation if they can demonstrate it would cause an "undue hardship" — a significant difficulty or expense relative to the employer's size and resources.
When Your Request Is Denied: If your employer denies your accommodation request, ask for the denial in writing with the specific reason. They should offer to discuss alternative accommodations. If they refuse to engage, this may constitute a violation of the ADA. Document everything and consider filing a complaint with the EEOC within 180 days (or 300 days in states with their own anti-discrimination agency).
Mental Health and the ADA: Mental health conditions — including depression, anxiety, PTSD, bipolar disorder, and ADHD — are covered by the ADA. Common accommodations include flexible scheduling for therapy appointments, a private workspace, modified break schedules, written instructions, noise reduction, and temporary workload adjustments during treatment.
Read full guide: ADA: Disability Rights and Accommodations
Category: Federal Law
Up to 12 weeks of protected leave for qualifying medical and family reasons.
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year.
Eligibility: You must work for an employer with 50+ employees (within 75 miles), have worked there for 12+ months, and have 1,250+ hours in the past year.
Qualifying reasons: Your own serious health condition, caring for a spouse/child/parent with a serious health condition, birth and bonding with a new child, placement for adoption or foster care, and military family leave.
Your rights: Return to the same or equivalent position after leave, continued health insurance, protection from retaliation, and intermittent leave when medically necessary.
Read full guide: FMLA: Your Right to Medical and Family Leave
Category: Federal Law
The FLSA and state laws protect your right to minimum wage, overtime, and more.
The Fair Labor Standards Act (FLSA) sets federal standards for minimum wage, overtime, and other wage protections.
Federal minimum wage is $7.25/hour, but many states and cities have higher minimums.
Non-exempt employees must receive 1.5x their regular rate for hours worked over 40 in a workweek.
Common wage violations: Misclassifying employees as exempt, misclassifying as independent contractors, not paying for all hours worked, illegal deductions, not paying for required training, and tip theft.
Read full guide: Wage and Hour Rights: Getting Paid What You're Owed
Category: Process
What evidence to collect, how to organize it, and why documentation is the foundation of every successful employment claim.
The strength of any employment claim depends on the quality of your documentation. Attorneys consistently say the same thing: the best cases are the ones where the worker started documenting early. This guide walks you through what to collect, how to organize it, and what makes evidence compelling.
Documentary Evidence (Strongest): Emails, text messages, and written communications are often the most powerful evidence because they show intent and timing in the other party's own words. Save performance reviews (especially if your ratings changed after a protected activity), company policies (particularly those your employer violated), pay records and pay stubs, written complaints you filed with HR, and any written responses you received. If your employer uses Slack, Teams, or other messaging platforms, take screenshots before your access is revoked.
Comparator Evidence: One of the most effective ways to prove discrimination is to show that similarly situated employees outside your protected class were treated differently. Were they given lighter discipline for the same infractions? Did they receive promotions you were passed over for? Did they get accommodations that were denied to you? Document specific names, dates, and the different treatment.
Timing Evidence: Courts pay close attention to how quickly an adverse action followed your protected activity. If you filed an EEOC complaint on Monday and were terminated on Friday, that proximity is powerful circumstantial evidence of retaliation. Create a timeline of events showing the sequence: protected activity, employer knowledge, adverse action.
Witness Evidence: Identify coworkers who witnessed discriminatory comments, policy violations, or disparate treatment. Write down their names, what they saw, and when. Be aware that witnesses may be reluctant to come forward while still employed — that is normal and does not reduce the value of their testimony.
What NOT to Do: Do not record conversations without understanding your state's recording consent laws (some states require all-party consent). Do not take proprietary company documents that you would not normally have access to. Do not use company devices or networks to store your personal documentation — use personal devices and email.
How to Organize: Create a simple timeline with dates, what happened, who was involved, and what evidence supports it. Keep digital copies in a secure location outside of your employer's control. Our Timeline tool helps you build this systematically.
Getting Started Right Now: Start writing things down today — even notes about past events are valuable. Save everything in writing. Send complaints via email (not just verbally) to create a paper trail. If you have a conversation with HR, follow up with an email summarizing what was discussed. The act of documenting itself is protected activity under most employment laws.
Read full guide: Building Your Documentation: Evidence That Matters
Category: Process
How to find a plaintiff-side employment attorney, what to expect from consultations, understand fee structures, and prepare for your first meeting.
Finding the right attorney can make or break your employment case. The most important thing to understand upfront: you want an attorney who represents workers, not companies. In legal terms, this is called a plaintiff-side employment attorney. Many large firms represent employers — those are defense-side firms and they are not who you want.
Fee Structures Explained: Most employment attorneys work on one of three models. Contingency means the attorney takes a percentage (typically 33-40%) of your recovery and you pay nothing upfront — if you don't win, they don't get paid. This is the most common arrangement for discrimination and retaliation cases. Hourly means you pay a set rate per hour (typically $250-500+). Some attorneys offer a hybrid model with a reduced hourly rate plus a smaller contingency percentage. Many attorneys offer free initial consultations (30-60 minutes) to evaluate your case.
What to Look For: The attorney should specialize in employment law, not just "do some employment cases" as part of a general practice. Ask how many employment cases they have handled and their track record. They should have experience with your specific type of claim (e.g., Title VII discrimination, ADA accommodations, FMLA retaliation). They must be licensed to practice in your state. Check reviews on Google, Avvo, and your state bar association website. Ask if they have trial experience — many cases settle, but your attorney's willingness to go to trial strengthens your negotiating position.
Red Flags: Be cautious of attorneys who guarantee a specific outcome (no ethical attorney can do this), who pressure you to sign a retainer immediately, who don't return your calls within a reasonable timeframe, or who seem unfamiliar with the specific statute that applies to your situation.
Where to Find Attorneys: The National Employment Law Association (NELA) directory at nela.org is the gold standard — every listed attorney is plaintiff-side. Your state bar association has a referral service. The EEOC sometimes provides referral lists. Our Find an Attorney tool can help you locate employment attorneys in your state.
Preparing for Your First Consultation: Bring your timeline of events, any key documents (termination letter, performance reviews, emails), and a list of questions. Be honest and thorough — attorney-client privilege protects everything you share. Know your filing deadlines (EEOC charges typically must be filed within 180 or 300 days). Write down what outcome you want — reinstatement, back pay, policy changes, or something else.
What to Expect After Hiring: Your attorney will likely send a demand letter, file an EEOC charge or state agency complaint, and begin gathering evidence through discovery. Many cases settle before trial. The process typically takes 12-24 months from filing to resolution. Stay in communication with your attorney and continue documenting events.
Multiple Consultations Are Normal: It is perfectly acceptable — and often advisable — to consult with 2-3 attorneys before making a decision. Each may have a different assessment of your case, and you should feel comfortable with whoever you choose to represent you.
Read full guide: Finding the Right Employment Attorney