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EMPLOYEE RIGHTS
This information does not include all of your legal rights, but only the most common legal problems which arise on the job. It is always safest to contact a lawyer. You may be eligible for a free lawyer from Legal Services of Alabama (legal aid) (251-433-6560) or the Mobile Bar Association's Volunteer Lawyers Program (251-438-1102). If not, you can get a referral to a private attorney online through the Mobile Bar Association at https://mobilebarassociation.com/page/FindLawyer or by calling the Alabama Bar Association’s Lawyer Referral Service at 800-392-5660. For more employment information go to www.workplacefairness.org. You can also find information on your rights and how to file a complaint with the appropriate agency at http://www.worker.gov/.
1. GETTING YOUR JOB BACK (Reinstatement): Generally, unless you are in a union, you can be terminated, demoted, laid off, or transferred for any reason or no reason at all. In most cases you cannot sue your employer to get your job back even if your employer fired you for a bad or unfair reason. Most employees in Alabama are “at will” which means that the employer can fire you even if you are the best employee at the company. Your employer does not even have to provide you with a reason. There are some exceptions to this harsh rule, which are found below.
2. UNEMPLOYMENT COMPENSATION: You are eligible for unemployment compensation benefits when you have lost your job and it’s not your fault; even when you quit your job if it is for a good reason. You can only apply for benefits online or by telephone (www.labor.alabama.gov or 1-866-234-5382). When you sign up for unemployment compensation benefits, you will also be required to register with the Alabama Employment Service. Each week the Employment Service will require you to contact them and verify that you are both available for work and that you are actively seeking employment. If you are turned down for benefits, you have a right to appeal that decision, but remember to continue to report your job search efforts to the Employment Service. The notice denying your benefits will state your appeal rights and deadlines. Read it carefully and get legal assistance if you need it.
3. BACK WAGES/SEVERANCE PAY/VACATION PAY: If you feel your former employer still owes you back wages, severance pay, vacation pay, etc. ask your attorney for advice. Your employee handbook may state what you are entitled to. Remember that most employers are not required to pay you for unused sick leave, especially if you are fired. Unless you have a contract of employment or an employee handbook providing otherwise, the general rule is you must "use it or lose it." You may be entitled to earned vacation leave time.
If you are not paid at least the current minimum wage, or at least one and a half times your normal salary for time worked in excess of forty hours per week, call the Wage & Hour Division of the Department of Labor (251-441-5311) (online: www.dol.gov and click “Workers). Current minimum wage is $7.25/hr.
If your former employer owes you less than $6,000.00 and still refuses to pay you after a letter or phone call from you or your attorney, you may sue your former employer in the Small Claims Court. In Small Claims Court you can sue them on your own, without an attorney. The Mobile County Small Claims Court can be reached at 251-574-8525. (Online http://13jc.alacourt.gov/smFaq.html)
4. DISCRIMINATION: If you feel you were fired, laid off, harassed, or otherwise treated differently from other employees because of your race, religion, sex, disability, national origin, pregnancy, or age you may be able to file a lawsuit to get your job back. However, before you can go to Court on a discrimination claim, you must file a charge with the Equal Employment Opportunity Commission (EEOC). Their office is located in the Riverview Plaza, 63 South Royal Street, Suite 504, Mobile, Alabama, 36603, phone number: 251-690-2590. You may start the process by calling the EEOC. However, a written complaint must be received by the EEOC within 180 days of when the acts of discrimination occurred. There are trained staff investigators at the EEOC who can help you fill out your complaint, give you further advice, and possibly work out a satisfactory settlement for you.
If you are disabled or your job interferes with a strongly held religious belief, your employer must work with you to find a reasonable accommodation to your duties, unless that accommodation poses an undue burden on your employer. (See: (http://www.eeoc.gov/policy/docs/accommodation.html).
After the EEOC has done all it can, or after 180 days from the filing of your complaint has run, the EEOC will send you a "right-to-sue" letter. You will have only 90 days after the receipt of this letter in which to file a lawsuit in Court. As soon as you receive a "right-to-sue" letter, you should immediately see an attorney. If a lawsuit is not filed within the 90 days, your case will be over. (Online: www.eeoc.gov)
5. HARASSMENT: Your supervisor cannot hit or assault you. If you believe you have been sexually harassed or harassed due to your race, gender, age or disability, see DISCRIMINATION above.
6. RETALIATION FOR "WHISTLEBLOWING" OR EXERCISING YOUR RIGHTS: You may have a claim against your employer if you are terminated or discriminated against for reporting safety violations. If your employer took an action against you for making reports to the Occupational Safety and Health Administration (OSHA), call the Dept of Labor: 251-441-6131. A claim must be filed within 30 days (Online: www.osha.gov). If you were terminated for filing for workers compensation or giving written notice of a safety rule violation, it may be a violation of Alabama's Workers' Compensation law.
The laws against Retaliation say you cannot be fired or penalized for: opposing discrimination against yourself or co-employees (www.eeoc.gov), reporting or assisting in claims of discrimination (www.eeoc.gov), reporting minimum wage violations (www.dol.gov), joining or organizing a union (www.nlrb.gov), working with other employees concerning your wages or working conditions (www.nlrb.gov), reporting government fraud, (www.whistleblowers.org), reporting stock or security fraud (www.dol.gov and see Sarbanes-Oxley information), or when you return from military duty (www.dol.gov and see USERRA), for attending jury duty, for being garnisheed (once), or for filing bankruptcy.
7. UNION MEMBERS: If you were covered by a union contract, you should see your union representative for help in filing a grievance. The union, whether you were a member or not, must pursue your grievance (if it has merit), all the way through to arbitration. Your union may have an attorney who can advise or represent you free of charge. Ask your union representative/officer about this.
If you feel your union has discriminated against you in any way because of your race, sex, disability, national origin, age or pregnancy, read the information under "DISCRIMINATION," above.
If your union refuses for no good reason to adequately represent you in your grievance, you may have a claim against the union for breach of its "duty of fair representation." For this kind of claim, you can contact the National Labor Relations Board (504-589-6361). Normally, you have only 180 days to file a lawsuit after you knew the union refused to help you. (Online: www.nlrb.gov)
8. GOVERNMENT EMPLOYEES: If you were a permanent (non-probationary) employee of a city, county, state or federal government or a governmental agency, you may have a right to a hearing to try and get your job back. Even if you were a probationary government employee, you still may have a right to a hearing to "clear your name,” depending upon the reasons for your discharge. Your employee handbook should contain steps on filing a grievance or appeal. Contact your Personnel Board or Merit System for information. The Mobile County Personnel Board is at 251-470-7727. (www.personnelboard.org)
You should not be fired for speaking your mind on public issues. If you are a federal employee or work for a federal contractor, you cannot be retaliated against for reporting government fraud. (www.whistleblowers.org)
9. LIBEL/SLANDER: Generally, you can only sue your former employer or supervisor for libel or slander if you can prove that you were turned down for a new job because of a false statement of fact (not just opinion) made by your former employer, supervisor, etc. You cannot sue anyone for simply expressing their personal opinion about your job performance, ability, or attitude unless they know it is untrue.
10. PENSIONS and RETIREMENT PLANS: If your former employer had a pension or retirement plan of some kind and you worked for this employer for at least 5 years before being fired or laid off, you may have a right to draw out any of your own wages which you contributed toward this pension plan. Depending upon the particular terms of your pension plan, you might even be entitled to draw pension benefits now, if you were disabled at the time you were fired or laid off, or when you reach the "retirement age" specified in the pension plan itself. Your employer cannot fire you in order to deny you your rights under the plan. (Online: www.pensionrights.org)
If you were working under a union contract, see or call your local union or District Office representative (or the attorney they have "on retainer") for further help concerning your pension rights.
11. HEALTH INSURANCE COVERAGE AND SICK LEAVE: If you had health insurance coverage under a group insurance plan while you were employed, you may be -- and your spouse and/or dependents also if they were covered -- entitled to continued health insurance coverage at the same group insurance rates. Your right to continued coverage is for anywhere from 18 to 36 months after you quit, or were fired, or were laid off, or retired. You should have received a notice about this from your former employer. However, whether you did or not, you must take immediate steps to notify your former employer and the insurance company, in writing, that you (and, if applicable, your spouse, and dependents) want continued insurance coverage under the COBRA law. You must also immediately bring all the insurance premiums up-to-date, since you must pay all premiums for this continued coverage once you stop working. This is true even if your employer paid all or part of them before you left or were fired. If you have any trouble getting this insurance continued, see an attorney immediately. Remember your employer cannot fire you in order to deny you your benefits under your group health plan. (Online: www.dol.gov and click “Workers”)
If your company has 50 or more employees, you may be entitled to up to 12 weeks of UNPAID sick leave or leave to care for a new baby or an ill family member under the Family Medical Leave Act (FMLA) (Online: www.dol.gov and click “Workers.”) You cannot be fired for taking leave protected by the Act.
Under the Affordable Care Act (“Obamacare”), if your employer does not offer you health insurance, or you lose your job or health coverage, you can apply for coverage at www.healthcare.gov. You may also qualify for a reduced premium.
12. BUSINESS CLOSING: If your company employs 100 or more workers, you may be entitled to 60 days notice before a permanent or temporary shutdown. (Online: www.dol.gov and search for “WARN”)
1. GETTING YOUR JOB BACK (Reinstatement): Generally, unless you are in a union, you can be terminated, demoted, laid off, or transferred for any reason or no reason at all. In most cases you cannot sue your employer to get your job back even if your employer fired you for a bad or unfair reason. Most employees in Alabama are “at will” which means that the employer can fire you even if you are the best employee at the company. Your employer does not even have to provide you with a reason. There are some exceptions to this harsh rule, which are found below.
2. UNEMPLOYMENT COMPENSATION: You are eligible for unemployment compensation benefits when you have lost your job and it’s not your fault; even when you quit your job if it is for a good reason. You can only apply for benefits online or by telephone (www.labor.alabama.gov or 1-866-234-5382). When you sign up for unemployment compensation benefits, you will also be required to register with the Alabama Employment Service. Each week the Employment Service will require you to contact them and verify that you are both available for work and that you are actively seeking employment. If you are turned down for benefits, you have a right to appeal that decision, but remember to continue to report your job search efforts to the Employment Service. The notice denying your benefits will state your appeal rights and deadlines. Read it carefully and get legal assistance if you need it.
3. BACK WAGES/SEVERANCE PAY/VACATION PAY: If you feel your former employer still owes you back wages, severance pay, vacation pay, etc. ask your attorney for advice. Your employee handbook may state what you are entitled to. Remember that most employers are not required to pay you for unused sick leave, especially if you are fired. Unless you have a contract of employment or an employee handbook providing otherwise, the general rule is you must "use it or lose it." You may be entitled to earned vacation leave time.
If you are not paid at least the current minimum wage, or at least one and a half times your normal salary for time worked in excess of forty hours per week, call the Wage & Hour Division of the Department of Labor (251-441-5311) (online: www.dol.gov and click “Workers). Current minimum wage is $7.25/hr.
If your former employer owes you less than $6,000.00 and still refuses to pay you after a letter or phone call from you or your attorney, you may sue your former employer in the Small Claims Court. In Small Claims Court you can sue them on your own, without an attorney. The Mobile County Small Claims Court can be reached at 251-574-8525. (Online http://13jc.alacourt.gov/smFaq.html)
4. DISCRIMINATION: If you feel you were fired, laid off, harassed, or otherwise treated differently from other employees because of your race, religion, sex, disability, national origin, pregnancy, or age you may be able to file a lawsuit to get your job back. However, before you can go to Court on a discrimination claim, you must file a charge with the Equal Employment Opportunity Commission (EEOC). Their office is located in the Riverview Plaza, 63 South Royal Street, Suite 504, Mobile, Alabama, 36603, phone number: 251-690-2590. You may start the process by calling the EEOC. However, a written complaint must be received by the EEOC within 180 days of when the acts of discrimination occurred. There are trained staff investigators at the EEOC who can help you fill out your complaint, give you further advice, and possibly work out a satisfactory settlement for you.
If you are disabled or your job interferes with a strongly held religious belief, your employer must work with you to find a reasonable accommodation to your duties, unless that accommodation poses an undue burden on your employer. (See: (http://www.eeoc.gov/policy/docs/accommodation.html).
After the EEOC has done all it can, or after 180 days from the filing of your complaint has run, the EEOC will send you a "right-to-sue" letter. You will have only 90 days after the receipt of this letter in which to file a lawsuit in Court. As soon as you receive a "right-to-sue" letter, you should immediately see an attorney. If a lawsuit is not filed within the 90 days, your case will be over. (Online: www.eeoc.gov)
5. HARASSMENT: Your supervisor cannot hit or assault you. If you believe you have been sexually harassed or harassed due to your race, gender, age or disability, see DISCRIMINATION above.
6. RETALIATION FOR "WHISTLEBLOWING" OR EXERCISING YOUR RIGHTS: You may have a claim against your employer if you are terminated or discriminated against for reporting safety violations. If your employer took an action against you for making reports to the Occupational Safety and Health Administration (OSHA), call the Dept of Labor: 251-441-6131. A claim must be filed within 30 days (Online: www.osha.gov). If you were terminated for filing for workers compensation or giving written notice of a safety rule violation, it may be a violation of Alabama's Workers' Compensation law.
The laws against Retaliation say you cannot be fired or penalized for: opposing discrimination against yourself or co-employees (www.eeoc.gov), reporting or assisting in claims of discrimination (www.eeoc.gov), reporting minimum wage violations (www.dol.gov), joining or organizing a union (www.nlrb.gov), working with other employees concerning your wages or working conditions (www.nlrb.gov), reporting government fraud, (www.whistleblowers.org), reporting stock or security fraud (www.dol.gov and see Sarbanes-Oxley information), or when you return from military duty (www.dol.gov and see USERRA), for attending jury duty, for being garnisheed (once), or for filing bankruptcy.
7. UNION MEMBERS: If you were covered by a union contract, you should see your union representative for help in filing a grievance. The union, whether you were a member or not, must pursue your grievance (if it has merit), all the way through to arbitration. Your union may have an attorney who can advise or represent you free of charge. Ask your union representative/officer about this.
If you feel your union has discriminated against you in any way because of your race, sex, disability, national origin, age or pregnancy, read the information under "DISCRIMINATION," above.
If your union refuses for no good reason to adequately represent you in your grievance, you may have a claim against the union for breach of its "duty of fair representation." For this kind of claim, you can contact the National Labor Relations Board (504-589-6361). Normally, you have only 180 days to file a lawsuit after you knew the union refused to help you. (Online: www.nlrb.gov)
8. GOVERNMENT EMPLOYEES: If you were a permanent (non-probationary) employee of a city, county, state or federal government or a governmental agency, you may have a right to a hearing to try and get your job back. Even if you were a probationary government employee, you still may have a right to a hearing to "clear your name,” depending upon the reasons for your discharge. Your employee handbook should contain steps on filing a grievance or appeal. Contact your Personnel Board or Merit System for information. The Mobile County Personnel Board is at 251-470-7727. (www.personnelboard.org)
You should not be fired for speaking your mind on public issues. If you are a federal employee or work for a federal contractor, you cannot be retaliated against for reporting government fraud. (www.whistleblowers.org)
9. LIBEL/SLANDER: Generally, you can only sue your former employer or supervisor for libel or slander if you can prove that you were turned down for a new job because of a false statement of fact (not just opinion) made by your former employer, supervisor, etc. You cannot sue anyone for simply expressing their personal opinion about your job performance, ability, or attitude unless they know it is untrue.
10. PENSIONS and RETIREMENT PLANS: If your former employer had a pension or retirement plan of some kind and you worked for this employer for at least 5 years before being fired or laid off, you may have a right to draw out any of your own wages which you contributed toward this pension plan. Depending upon the particular terms of your pension plan, you might even be entitled to draw pension benefits now, if you were disabled at the time you were fired or laid off, or when you reach the "retirement age" specified in the pension plan itself. Your employer cannot fire you in order to deny you your rights under the plan. (Online: www.pensionrights.org)
If you were working under a union contract, see or call your local union or District Office representative (or the attorney they have "on retainer") for further help concerning your pension rights.
11. HEALTH INSURANCE COVERAGE AND SICK LEAVE: If you had health insurance coverage under a group insurance plan while you were employed, you may be -- and your spouse and/or dependents also if they were covered -- entitled to continued health insurance coverage at the same group insurance rates. Your right to continued coverage is for anywhere from 18 to 36 months after you quit, or were fired, or were laid off, or retired. You should have received a notice about this from your former employer. However, whether you did or not, you must take immediate steps to notify your former employer and the insurance company, in writing, that you (and, if applicable, your spouse, and dependents) want continued insurance coverage under the COBRA law. You must also immediately bring all the insurance premiums up-to-date, since you must pay all premiums for this continued coverage once you stop working. This is true even if your employer paid all or part of them before you left or were fired. If you have any trouble getting this insurance continued, see an attorney immediately. Remember your employer cannot fire you in order to deny you your benefits under your group health plan. (Online: www.dol.gov and click “Workers”)
If your company has 50 or more employees, you may be entitled to up to 12 weeks of UNPAID sick leave or leave to care for a new baby or an ill family member under the Family Medical Leave Act (FMLA) (Online: www.dol.gov and click “Workers.”) You cannot be fired for taking leave protected by the Act.
Under the Affordable Care Act (“Obamacare”), if your employer does not offer you health insurance, or you lose your job or health coverage, you can apply for coverage at www.healthcare.gov. You may also qualify for a reduced premium.
12. BUSINESS CLOSING: If your company employs 100 or more workers, you may be entitled to 60 days notice before a permanent or temporary shutdown. (Online: www.dol.gov and search for “WARN”)