ALABAMA EMPLOYMENT LAW
Employment law cases and complaints are handled by the Alabama Department of Labor. Employment Law (referred to also as Labor Law) includes all issues involved in the employer-employee relationship, such as wages and hours, health and safety, wrongful termination, sexual harassment, disability law and hiring and termination practices, among others. An Alabama employment attorney is a necessity in certain employment law cases, including cases involving discrimination, wrongful termination, and harassment, but having an employment law attorney is generally a good idea in all employment cases.
Why Hire An Alabama Employment Attorney?
Alabama wrongful termination and employment law cases must be compellingly asserted and meticulously researched to be successful. Federal and state laws have a complicated relationship in Alabama employment law, and an Alabama employment lawyer can help you understand this relationship and assist you in filing a successful claim for unpaid wages, a discrimination claim, or can help you decide if you have a legitimate claim under Alabama Employment Law, or one that will end up wasting you money and time.
An Alabama wrongful termination lawyer can provide guidance on the best way to recover for your claim, and can deal with your former employer so that you do not have to do so. If you need to file a claim with the Alabama Department of Labor, or if you need an explanation of your rights and benefits under Alabama employment law, the assistance of an Alabama employment attorney can be useful.
Wrongful Termination In Alabama
Because employment in Alabama is “at will,” an employer may fire an employee at any time, for any reason, or no reason at all, so long as his rationale for firing the employee is not illegal or the employee does not have a contract that specifies when and how the employee can be terminated. Employees are free to leave their employment at any time.
If an employer’s termination of a worker is discriminatory or illegal, the worker may file a wrongful termination claim. The following reasons for termination are illegal in Alabama:
Talk to an Alabama employment lawyer if you have questions about wrongful termination.
In Alabama, it is against state and federal law to discriminate in the termination or employment of a person otherwise qualified for the position who is either not hired or is fired because of a disability or because of his age (over 40). If an employer sees pregnancy as a disability, the pregnancy cannot be the reason for the employee’s termination. Other discriminatory factors upon which to base a termination include: sex, race, national origin, and/or religion. If you believe you have a case for wrongful termination, for the best outcome in your case you should contact an Alabama wrongful termination attorney.
Employee Wage/Hour Concerns In Alabama
Workers must be paid at least $7.25 an hour in Alabama, which is the same as the federal minimum wage. Alabama does not have any state regulated paydays or payday laws mandating when employees must be paid.
File a “Wage Claim” form with the Alabama Department of Labor if your boss does not pay you the wages he is supposed to pay you. An Alabama employment attorney can help you file this form if you have questions.
Alabama follows the federal law, set forth in the Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division with regard to overtime. This means that any hours you work over 40 hours a week are considered overtime hours, and you must be paid time-and-a-half pay for those hours worked. If you work overtime and have not been paid accordingly, you should file a claim with the Alabama Department of Labor (see claim form above).
Contact an Alabama employment attorney if you have concerns about your wages or hours, or if you need assistance in filing a claim for unpaid overtime or unpaid wages.
Alabama Employment Benefits
Employers in Alabama may provide their workers with paid vacation days, medical benefits, life insurance, or sick leave, but do not have to do so under Alabama law. Alabama also does not require employers to give their employees meal or rest breaks, nor does Alabama disability law provide short-term disability or maternity leave to employees. However, under the federal Family and Medical Leave Act (FMLA), workers are entitled to 12 weeks of unpaid maternity leave.
An employee’s work-related injuries and occupational illnesses fall under Alabama disability law. According to Alabama disability law, workers injured or who become ill in work-related accidents or because of occupational hazards may receive compensation, the amount of which depends on their kind of injury or illness and their kind of disability. Speak to an Alabama workers’ compensation lawyer if you have an injury or illness that was caused by your job. You should also talk to an Alabama employment lawyer if you need an explanation of the various interrelated state and federal laws that may pertain to your employment case.
Alabama Employment and Labor Law Statutes
Code of Alabama - Industrial Relations and Labor