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Employment Law: An Employee Overview

Employment law covers the relationships between employers and their employees, as well as their potential and former employees. Both federal and state laws control various aspects of the employer/employee relationship, and each side’s rights and obligations. Because of the complexity of the employment relationship, this area of law involves issues as diverse as discrimination claims and record-keeping, taxation and workplace safety.

There are also different types of employment relationships. Employment relationships can be based on a contract, or they can be at-will. If the employment relationship is based on a valid contract entered into by the employer and the employee, the terms of that contract will govern the relationship. By contrast, an at-will employment arrangement can be terminated at any time, with or without reason, by either the employer or the employee.

With all these variations to consider, it’s clear that employment law is a very complex area. If you have an employment law concern, it makes sense to involve an experienced employment law attorney who can guide you through your case.

Independent Contractors

Independent contractors perform compensated work for businesses and individuals, but they are not considered to be employees. These non-employment relationships are based on an oral or written arrangement between the business and the contractor. If written, this contract may provide specific standards for the work in question and establish the pay rate for that work. Businesses who hire contractors do not withhold federal or state income taxes or social security from independent contractor payments, and they do not have unemployment or workers’ compensation expenses for those workers. Independent contractors have more freedom over their work and the ability to contract with a range of businesses, but they do not receive many of the legal protections that employees do. If you are a business or a worker involved in or considering an independent contractor arrangement, you should learn all the legal consequences for both sides. Contact an experienced employment law attorney to discuss your situation.

Privacy Issues at Work

Technology is a boon to business, but it has also complicated privacy issues in the workplace. It is virtually impossible to conduct business today without using a computer, and technology has enabled employers to monitor virtually every aspect virtually all workplace communications made by employees using computers. Many companies today take advantage of technology to monitor their employees’ use of the Internet and to check employee e-mail. While employees may feel this monitoring is a violation of their privacy, it is allowed by law. Other employee activities (such as private conversations) receive more protections, while certain physical spaces (like locked desk drawers) may also receive privacy protections. Specific activities (like drug use) may lead to legal employer testing. To help you determine what is and isn’t private in the workplace, contact an employment lawyer to discuss the validity of your company’s privacy policies and procedures.


Unions exist for the sole purpose of representing workers in collective bargaining agreements with their employers. Collective bargaining is the process of negotiations between an employer and a group of employees to determine the conditions of employment. The result of those efforts is the collective bargaining agreement. This collective bargaining agreement will be the starting place for resolving disputes between the employer and its employees. Collective bargaining and union organization is governed by a federal law, the National Labor Relations Act (NLRA). If you are organizing a workplace or engaging in collective bargaining from either side of the table, contact a labor lawyer for experienced counsel on union issues.

The Hiring Process

Applicants for employment positions have rights even before they become employees. Under federal law, an employer cannot illegally discriminate in its hiring process based on their race, national origin, gender, pregnancy, age, disability, or religion. State and local laws may specify additional protected classes based on issues such as sexual orientation. Employers must abide by anti-discrimination laws at each stage of their hiring process, from placing the ad to interviewing to the final selection of the candidate to hire. There are few exceptions to these rules, but an employer may discriminate on some bases if a bona fide occupational qualification (BFOQ) exists. A valid BFOQ occurs when the trait subject to discrimination claims is a valid and necessary job requirement. If you are concerned about discrimination in hiring, contact an employment lawyer to discuss your situation.


“Trust, confidence, and reliability were [the] major factors that impressed me most when I hired the Law Offices of Bob Nehoray to represent me. I was seriously injured at work and was treated very badly by my employer. I’ve gone through many hurdles and obstacles looking for the right attorney to satisfy my needs and expectations but nobody [seemed] to care about me. Some turned me down [while others] took advantage of me. [They] did not even care and appeared to be more interested in what they could get out of my case, thus, putting their [own] personal interest over mine.

I was hopeless and almost gave up, because my workers’ compensation claim was tied [in] with my discrimination/harassment civil lawsuit against my employer, [which] made the whole situation very complicated. However, it was not too late when I met Mr. Nehoray and his office manager, Alma Gavia, who gave me hope and courage. They patiently listened to me and spent time and effort with me. Mr. Nehoray took-on my case despite complications. He handled it with proper care and professionalism.

If you are looking for a combination of excellent legal representation and positive results, Bob Nehoray and his staff will take care of you. Finally, after consulting with many attorneys, I am glad I am in good hands. Don’t be desperate. Put aside your frustrations and be patient. Go and get a free consultation. Call the Law Offices of Bob Nehoray right away and get your rights protected.”

Ariel D.

“Law Offices of Bob Nehoray… I will NEVER be able to thank you enough for what you’ve done for me; and it isn’t the amazing settlement that you got for me that I am most grateful for; it is how professional you and your entire office staff were. Everyone is SO nice [and] caring. They made me feel like a person and not just a ‘client.’ The fact that you were able to handle both my Personal Injury and my Workers’ Compensation cases at the same time was very important as well. Bob, you and Behnaz are the best of the best and you will forever have my appreciation and my HIGH recommendation! All the best to you and everyone at the Law Offices of Bob Nehoray. Thank you all so very much!”

Letisha W.

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