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MISSISSIPPI EMPLOYMENT LAW
Employment Law or Labor Law pertains to issues that arise in the employment context between an employer and his employees. Disability law, wages and hours, sexual harassment, wrongful termination, health and safety and discrimination at the workplace are some of the matters that are covered by employment law. Mississippi does not have a specific state agency that handles employment matters, so employment complaints and claims should be filed with the local branch of the U.S. Department of Labor, ESA Wage & Hour Division.
A Mississippi employment lawyer is a necessity if you are filing a complex case such as a wrongful termination, sexual harassment or discrimination case, because there is a vast amount of evidence collection involved and a great deal of research must be done. However, seeking the advice of a Mississippi employment attorney is advised if you would like an explanation of your rights and benefits under employment law, or if you have questions or concerns about your case.
Why Hire A Mississippi Employment Attorney?
Because Mississippi state law and federal law interact in a complex way to form the basis of Mississippi employment law, the connection between the two must be carefully investigated and convincingly asserted. Mississippi employment attorneys may be able to assist workers in structuring and asserting their claims for discrimination, filing their claims for wages, and fighting against their wrongful terminations. Such an employment lawyer can also help you decide if your claim is b enough to pursue.
It is worth mentioning that wrongful termination claims can be particularly challenging for employees to file against their prior employers, and an employment lawyer can be very useful in communicating and dealing with the employer and in offering useful guidance to best obtain a successful outcome in your case.
Moreover, because Mississippi does not have a centralized state agency that handles all employment claims, it may be difficult to ascertain where to file your employment-related claim. A Mississippi employment lawyer will know exactly where and when to file such a claim.
Wrongful Termination in Mississippi
Employment is "at will" in Mississippi, meaning that the worker is permitted to quit his job whenever he pleases. This also means that an employer may fire their "at will" employee at any time, for any reason, or for no reason; however, the reason for the employee's termination cannot be against the law. If an employee has an employment contract, he can only be fired for reasons listed in the contract.
In Mississippi, claims for wrongful termination may be submitted if the worker has been fired for an illegal reason. Such reasons include:
Mississippi state law and federal law make it unlawful to terminate an employee based on discriminatory factors such as race, national origin, religion, race, disability or age. If, for example, an employee is over age 40 or is disabled, but otherwise has the requisite experience for the position, he cannot be terminated based on his age or disability. Similarly, if pregnancy is considered a disability by an employer, it cannot be the basis for termination. Get in contact with a Mississippi wrongful termination lawyer if you have questions about filing a claim for wrongful termination or if you would like an explanation of your benefits and rights under Mississippi employment law.
Employee Wage/Hour Concerns in Mississippi
Mississippi does not have state minimum wage law. This means that the minimum wage in Mississippi is the same as the federal minimum wage, which is $7.25 an hour. Mississippi employees must be paid semi-monthly. Claims for unpaid wages in Mississippi must be filed with the local division of the U.S. Department of Labor, Wage and Hour Division. Talk to a Mississippi employment attorney if you need help filing your claim for unpaid wages.
Similarly, claims for unpaid overtime wages should also be filed with a local branch of the U.S. Department of Labor, Wage and Hour Division. You are entitled to time-and-a-half pay for any hours that you work over 40 hours a week as mandated by the federal Fair Labor Standards Act and enforced by the United States Department of Labor, Wage and Hour Division
Be sure to contact a Mississippi employment attorney to aid in filing a claim for unpaid wages or overtime, or if you have questions about the process.
Mississippi Employment Benefits
In Mississippi, employers are not required to give their employees sick leave, life insurance, paid vacation days, or healthcare insurance, nor are they required to give their employees over the age of 18 meal or rest breaks. Mississippi disability law does not mandate that employees be given short term disability benefits or paid maternity leave. Instead, 12 weeks of unpaid maternity leave is mandated by federal law in the Family and Medical Leave Act (FMLA).
Workers who are injured at work, or who develop work-related illnesses may receive a certain amount of compensation, the amount of which depends on how the worker's disability is classified under Mississippi disability law. But, as previously noted, employees who are injured or who become ill outside of the workplace for reasons unrelated to their occupations, do not get short-term disability benefits under disability law in Mississippi. If you have been injured on-the-job, you should consult a Mississippi workers' compensation attorney about benefits you may receive for your injury or illness.
Mississippi Employment and Labor Law Statutes
Mississippi Code Annotated - Labor and Industry
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