Employment law attorney shares three things employers cannot do against you in enlightening video

Knowing your rights as an employee is not just important, but crucial in today's work environment. However, many employees might not be fully aware of their rights, especially when it comes to actions taken against them by their employers. A TikTok video by employment law attorney Craig Levy (@craigleveyesq) sheds light on this very issue, breaking down three critical actions that employers are prohibited from taking against their employees.

First on the list is being forced to resign. Levy says in his video, "A company cannot force an employee to resign. Of course, they can terminate that individual, but they can’t compel a resignation." This is more than a legal technicality, it has significant implications for employees. Being forced to quit can hurt a person's eligibility for unemployment benefits as well as any potential legal claims they may have against the firm. Levy points out, "This is important because if an employee resigns from their job, it could affect their application for unemployment benefits, and to the extent they have any lawsuit against the company, it could hurt that too."

Next, Levy talks about overtime pay—a hot topic for many workers. "A company cannot refuse to pay an employee overtime if that individual has worked overtime hours in a week and they do not fall within one of the exemptions set forth by the Fair Labor Standards Act or FLSA," he explains in his video. Imagine working late nights, putting in those extra hours to meet a deadline, only to find that your paycheck doesn’t reflect the overtime you’ve worked. 

Lastly, Levy tackles a scenario that might seem like a plot twist straight out of a drama but is real life for many—employers withholding a final paycheck. Many of us have heard that our final paycheck will be held until we return company equipment or uniforms. However, according to Levy, this common practice is illegal. "If you've earned that paycheck, once you've provided services to an employer, you have earned those wages and a company cannot withhold them," Levy explains. This rule is crucial for ensuring that employees receive their hard-earned wages promptly, regardless of their employment status.

Levy's video helped raise awareness among viewers, with people sharing similar experiences and stories. "My company forced me to resign and I received unemployment because the judge agreed the conditions were unbearable for any employee," said @kikelomothompkins. "What if your employer tells you you have to flex your time to stay under 40 hours instead of paying you overtime?" asked @kaitlyn_skyler. "True, they try to bully you into resigning and lie and say you will still get unemployment," commented @prettypony1970. "My boss hasn’t given me any hours in SEVEN weeks. What do I do I live in a small town not a lot of jobs here in Louisiana," prompted @feraeley. "No overtime working 60/70 hrs and after last employment didn’t get last paycheck till three months after," added @coco48184, sharing their experience.

You can follow Craig Levy (@craigleveyesq) on TikTok for more employment law content.