Law Library

Employment law, decoded.

Each topic is a short, plain-language summary based on EEOC and federal guidance. Skim in five minutes. Free for everyone.

5 min read

Wrongful Termination

Most US workers are 'at-will,' but firing someone for an illegal reason — like discrimination, retaliation, or refusing to break the law — is still unlawful.

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Workplace Discrimination

Federal law protects you from being treated worse at work because of who you are — race, sex, age 40+, disability, religion, national origin, pregnancy, or genetic information.

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Workplace Harassment

Harassment becomes illegal when it's based on a protected trait and either creates a hostile work environment or leads to a tangible job change.

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Retaliation

It's illegal for an employer to punish you for asserting your workplace rights — including reporting discrimination, requesting accommodations, or participating in an investigation.

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FMLA — Family & Medical Leave

Eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for serious health conditions, new children, or qualifying military family needs.

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Reasonable Accommodations

The ADA and Title VII require employers to provide reasonable adjustments so qualified workers with disabilities or religious needs can do their jobs.

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Independent Contractor Classification

Calling a worker a '1099 contractor' doesn't make them one. Misclassification can cost workers overtime, minimum wage, unemployment, and benefits.

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Severance Agreements & Releases

When your employer offers severance, they're usually asking you to sign away your right to sue — and most workers don't know it.

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Constructive Discharge

You don't have to be formally fired to have a wrongful termination claim. If your employer made working conditions so unbearable that a reasonable person would have felt forced to quit, the law may treat your resignation as a firing.

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What to Do the Day You're Fired

The hours after a termination are legally important. What you say, sign, and save can affect your case.

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Arbitration Agreements

Most workers signed away their right to a jury trial before their first day of work — buried in an onboarding packet.

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Equal Pay & Pay Discrimination

Federal law requires equal pay for equal work — and prohibits paying employees less because of their race, sex, or other protected characteristics.

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Pregnant Workers Fairness Act

A 2023 law requires employers to accommodate pregnancy-related limitations the same way they would a disability — even when the employee isn't disabled.

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LGBTQ+ Protections at Work

Since the Supreme Court's 2020 decision in Bostock v. Clayton County, firing someone for being gay or transgender is sex discrimination under federal law.

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Hostile Work Environment

A hostile work environment isn't just an unpleasant workplace — it's a specific legal claim requiring conduct tied to a protected characteristic that is severe or pervasive enough to change your working conditions.

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Religious Discrimination

Employers must accommodate sincerely held religious beliefs unless doing so would cause more than a minimal burden — and that burden standard got significantly harder to meet in 2023.

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National Origin & Language Discrimination

Federal law protects workers from discrimination based on where they're from, their accent, their name, or their language — including workplace policies that prohibit speaking a language other than English.

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Background Checks & Hiring Discrimination

Using criminal history, credit checks, or other background screening to make hiring decisions can violate federal law if it disproportionately screens out protected groups — regardless of intent.

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How Employment Lawyers Get Paid

Most employment lawyers work on contingency — meaning you pay nothing unless you win. Many workers with valid claims never pursue them because they assume they can't afford a lawyer.

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Non-Compete Agreements

Non-compete clauses restrict where you can work after leaving a job — but their enforceability varies widely by state, and courts and regulators are increasingly skeptical of them.

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Whistleblower Protections

Federal law protects workers who report illegal activity, safety violations, or fraud — but the protections depend on what you reported, to whom, and which law covers your industry.

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NDAs and Settlement Agreements

Non-disclosure agreements and settlement agreements can limit what you can say — and what you can do legally — for years after you leave. Most workers sign them without fully understanding what they're giving up.

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Unemployment Benefits After Wrongful Termination

Being fired — even for a disputed reason — usually doesn't disqualify you from unemployment benefits. Most people who were wrongfully terminated can and should file.

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Intersectional Discrimination

Discrimination can target a specific combination of identities — like being a Black woman — even when the same employer wouldn't discriminate against Black men or white women as separate groups.

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Workplace Investigations

When you report harassment or discrimination to your employer, they are legally required to take it seriously. What that obligation looks like — and what you can do when it doesn't happen.

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The WARN Act

If your employer lays off 50 or more workers at once, federal law may require 60 days' advance notice — or pay in its place.

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You Have a Right to Sue Letter. Here's What Changed.

The EEOC has closed its file. The letter is permission to sue — not a ruling — and from here nothing moves unless you move it.

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Finding Your Deadline

A lawsuit must be filed within 90 days of receiving the notice. Filed means entered on the court's docket — not drafted, mailed or nearly ready.

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Not Every Claim Runs on the Same Clock

The 90 days attaches to the claims that went through the EEOC charge. Age, equal pay, § 1981 and state-law claims run on separate tracks.

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What a Complaint Is

Rule 8 requires three things: jurisdiction, a short plain statement of the claim, and a demand for relief. There is a federal form built for people filing alone.

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Naming the Right Defendant

The name in the caption is the registered legal entity — often not the name on the building, the paycheck or the website.

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What You're Asking the Court For

Rule 8(a)(3) makes the demand for relief mandatory. Back pay, benefits, reinstatement, compensatory and punitive damages capped by employer size.

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Figuring Out Which Court

Two questions: federal or state, and which district within it. Title VII has its own venue rule, and districts are defined by county.

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How Filing Actually Works

Filing the complaint commences the case and stops the 90-day clock. You leave with a case number, a judge and an issued summons.

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The Filing Fee and Asking the Court to Waive It

§ 1914 sets the fee; § 1915 lets a court allow a case to start without prepaying it. A granted waiver also covers service by a U.S. marshal.

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What Service Is

Filing starts the case; it doesn't notify anyone. Service is the formal delivery that obligates the defendant to respond — and you can't do it yourself.

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Serving a Business

Rule 4(h) allows state-law methods or delivery to an officer or authorized agent. The registered agent is the least contestable route.

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Waivers, Deadlines, and Proof

Rule 4(d) waivers trade 21 days for 60. Rule 4(m) gives 90 days from filing to serve — a second clock people routinely lose sight of.

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How the Other Side Responds

An answer within 21 days, or 60 with a waiver — or a Rule 12 motion, which in employment cases is a routine first move.

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Discovery

The longest phase of a civil case — initial disclosures, depositions, interrogatories and document requests, running in both directions.

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Mediation and Settlement in Federal Court

Every district runs an ADR program, and litigants must consider one. This is separate from any EEOC mediation you already went through.

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Choosing a Venue

You have 90 days to file, and venue is correctable. Get it reasonably right, don't agonize, and don't let the choice eat into the deadline.

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