Types of Rights and Duties of the Employer and Employee - Term Paper Example

A person who is not an employee of the firm but is there to apply for a job also has certain fundamental rights that the employer should not violate even before hiring the employee. The rights that come under such category include the right of no discrimination based on age, caste, race, nationality, religion or gender while hiring the person. For instance: the forthcoming employer has no right to ask personal questions to the applicant regarding family issues or matters while taking an interview. In the U.S., many states follow the right of privacy for employees at their place of work. Such privacy right diverges into many areas like the privacy of personal items, handbags, briefcase, and lockers for the employee, as well as private mail address that has no access to the employer.

Moreover, the employees also have the right to have private phone talks and voice mail message box that is only accessible to them. Nevertheless, there is minimum privacy given to the employees to their email addresses while using the internet connection and desktop of the workplace. For the employer, it is vital not to enter the potential job applicant's personal information and other issues. The employer has no right to check the background and get information about the person's credibility until and unless the employer has taken written permission from the employee to conduct the check.

Without permission, the employer may face a violation of employee rights. In addition to these rights of employees, some other rights include the Employee's right to have freedom of no discrimination and harassment. The employee has all the right to work in a safe environment free from toxin materials and dangerous circumstances and should be given safety precautions. The employee has the right to complain or file a claim regarding the employer in case of any misconduct. Such rights of the employee are also termed whistleblower rights.

Employees have the right to get real wages for their work. Federal laws for the employment relationship There are several federal laws and regulations dedicated to the employment relationship. Title VII applies to a workplace with more than 15 employees, according to which there should be no discrimination while hiring an employee by the employer on the grounds of colour, gender, caste, nationality or religion (Griffin, 2007, p.195). Americans with disabilities act ADA act describes a disability as a mental or physical that limits moves or activities.

This law prevents discrimination against a disabled person (Veres, 1995, p.)159. Age discrimination in employment prohibits the employer from preferring the younger generation over the older workers. This act applies to workplaces with more than 20 employees and 40 years of age. There is no law regarding the prevention of preference for older workers. The fair labour standards act gives direction to the employer regarding the working hours and time of break for the employees.

Moreover, it deals with salary and overtime situations as devised by the federal government. Employee’s rights and legal help: Federal and state law has governed employment laws that cater to employee laws related to many issues. If an employee feels the employer is violating his legal rights and freedom regarding discrimination or privacy, then the employee can consult the employee’s rights attorney. The attorney will help protect the employee's legal rights and explain the measures to counter this.