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.
Bottom line: "At-will" is not a blank check for employers. If you believe you were fired for an illegal reason, you may have legal protections.
Sources: Montana Code Annotated § 39-2-901 et seq. (Wrongful Discharge from Employment Act); Title VII of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.); National Labor Relations Act, Section 7 (29 U.S.C. § 157).
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.
A state can be both at-will AND right-to-work (like Texas and Florida), or at-will but NOT right-to-work (like California and New York).
When people say "I live in a right-to-work state so I can be fired for anything" — they're confusing two different concepts. The protections against discriminatory or retaliatory firing exist regardless of right-to-work status.
Sources: National Labor Relations Act, Section 14(b) (29 U.S.C. § 164(b)) (right-to-work); at-will employment is a common-law doctrine, not a federal statute.
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 — Being treated differently because of a protected characteristic
• Disparate impact — Neutral policies that disproportionately affect a protected group without business necessity
• Hostile work environment — Severe or pervasive harassment based on a protected characteristic
• Retaliation — Adverse action for opposing discrimination or participating in an investigation
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). The EEOC will investigate and may issue a Right to Sue letter.
Remedies: Back pay, reinstatement, compensatory damages, punitive damages (capped based on employer size), attorney fees.
Sources: 42 U.S.C. §§ 2000e – 2000e-17; 42 U.S.C. § 1981a(b)(3) (damage caps); Bostock v. Clayton County, 590 U.S. 644 (2020) (sexual orientation/gender identity coverage); EEOC guidance at eeoc.gov.
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. In FY 2024, retaliation accounted for about 48% of all charges filed. It is also the most commonly filed claim type.
What is retaliation? An employer taking adverse action against you because you engaged in protected activity.
Protected activity includes:
• Filing a discrimination complaint (internal or external)
• Reporting safety violations or illegal activity
• Requesting a disability accommodation
• Taking FMLA leave
• Filing a workers' compensation claim
• Discussing wages with coworkers (NLRA)
• 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.
Temporal proximity matters: If the adverse action happens shortly after your protected activity (days to weeks), courts may infer retaliation. The shorter the gap, the more relevant the timing may be to an attorney reviewing your situation.
Key point: You can have a valid retaliation claim even if the underlying discrimination complaint was wrong — as long as you made it in good faith.
Sources: Title VII, 42 U.S.C. § 2000e-3(a) (anti-retaliation); EEOC Charge Statistics and FY 2024 Annual Performance Report, eeoc.gov/data (retaliation as #1 charge basis for 17 consecutive years, ~48% of all charges in FY 2024).
Read full guide: Retaliation: Your Most Powerful Protection
Category: Federal Law
The ADA requires employers to provide reasonable accommodations. Here's how the process works.
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities and requires reasonable accommodations.
Who's covered: Employers with 15+ employees. The definition of disability is broad: any physical or mental impairment that substantially limits a major life activity.
Reasonable accommodation: Changes to the job or workplace that enable you to perform essential functions. Examples:
• Modified work schedule
• Remote work
• Ergonomic equipment
• Leave for medical treatment
• Reassignment to a vacant position
• Modified job duties (non-essential functions)
The interactive process: When you request an accommodation, your employer must engage in a good-faith interactive process to identify effective accommodations. Simply denying requests without discussion violates the ADA.
Undue hardship: Employers can deny accommodations only if they pose significant difficulty or expense. This is a high bar, especially for larger employers.
Key tip: Request accommodations in writing and document the employer's response. A paper trail is critical.
Sources: Americans with Disabilities Act, 42 U.S.C. §§ 12111–12117; ADA Amendments Act of 2008 (P.L. 110-325); EEOC guidance on reasonable accommodation at eeoc.gov.
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, or parent with a serious health condition
• Birth and bonding with a new child
• Placement of a child for adoption or foster care
• Military family leave
Your rights under FMLA:
• Return to the same or equivalent position after leave
• Continued health insurance during leave
• Protection from retaliation for requesting or using leave
• Intermittent leave when medically necessary
Common violations: Firing someone for taking FMLA leave, counting FMLA absences against attendance policies, refusing to restore position after leave, discouraging employees from taking leave.
Sources: Family and Medical Leave Act, 29 U.S.C. §§ 2601–2654; DOL Wage and Hour Division FMLA guidance at dol.gov/agencies/whd/fmla.
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.
Minimum wage: Federal minimum is $7.25/hour, but many states and cities have higher minimums.
Overtime: 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" to avoid paying overtime
• Misclassifying employees as "independent contractors"
• Not paying for all hours worked (off-the-clock work)
• Illegal deductions from pay
• Not paying for required training or meetings
• Tip theft or illegal tip pooling
Equal Pay Act: Men and women must receive equal pay for substantially equal work at the same establishment.
Filing deadline: 2 years (3 if willful). You can file with the DOL or bring a private lawsuit.
Key tip: Save all pay stubs, time records, and offer letters. These are critical evidence for wage claims.
Sources: Fair Labor Standards Act, 29 U.S.C. §§ 201–219; Equal Pay Act, 29 U.S.C. § 206(d); Lilly Ledbetter Fair Pay Act of 2009 (P.L. 111-2); DOL Wage and Hour Division at dol.gov/agencies/whd. Federal minimum wage of $7.25/hr has been in effect since July 24, 2009.
Read full guide: Wage and Hour Rights: Getting Paid What You're Owed
Category: Process
What evidence to collect and how to organize your documentation.
Well-documented situations start with evidence. Here's what employment attorneys typically ask for:
Documentary evidence (strongest):
• Emails and text messages — especially those showing discriminatory statements, timeline of events, or retaliation
• Performance reviews — positive reviews before a complaint vs. negative after
• Company policies — to show whether they were followed or selectively enforced
• Pay records — for wage and equal pay claims
• Written complaints — your reports to HR or management
Comparator evidence:
• How were similarly situated employees of different races/genders/ages treated?
• Were policies enforced differently for different groups?
• Who was promoted, disciplined, or terminated — and do you see patterns?
Timing evidence:
• How quickly after your protected activity did the adverse action occur?
• Was there a shift in treatment after you filed a complaint or requested accommodation?
What to do RIGHT NOW:
• Start writing things down — contemporaneous notes carry weight
• Save everything — emails, texts, voicemails, documents
• Identify witnesses who can corroborate your account
• Send complaints in writing (email) to create a record
• Do NOT delete messages or records, even if tempted
Note: This article reflects general best practices discussed in employment litigation guides and attorney practice resources. Evidence preservation obligations may vary by jurisdiction.
Read full guide: Building Your Documentation: Evidence That Matters
Category: Process
What to look for and what to expect during your attorney search.
You want an attorney who represents workers — not the company. In legal terms this is called "plaintiff-side," but all it means is they fight for people like you.
Fee structures:
• Contingency — The attorney takes a percentage (typically 33-40%) of your recovery. You pay nothing upfront. Common for discrimination and retaliation claims.
• Hourly — You pay by the hour. More common for complex claims or when damages are uncertain.
• Free consultations — Many worker-side attorneys offer free initial consultations to review your situation.
What to look for:
• Specializes in employment law (represents workers, not companies)
• Experience with your type of claim (discrimination, retaliation, wage, etc.)
• Licensed in your state
• Positive reviews and track record
Questions to ask during consultation:
• What do you think the strengths and weaknesses of my situation are?
• What is your fee structure?
• How long do these claims typically take?
• What is the likely range of outcomes?
• Will you be handling my situation personally?
Where to find attorneys:
• NELA (National Employment Lawyers Association) directory — nela.org
• State bar association referral services
• EEOC may provide referral lists
• Personal referrals from trusted sources
Sources: NELA (National Employment Lawyers Association) at nela.org; attorney fee structures reflect standard worker-side employment law practice. Contingency fee percentages (33–40%) reflect common industry ranges but may vary by attorney and jurisdiction.
Read full guide: Finding the Right Employment Attorney