Introduction
Employment issues constitute any form of disputes and problems that might emerge in the workplace. Employment problems are common among employees. Some employment issues are more common than others. For instance, discrimination and sexual harassment are common problems experienced in various workplaces. Although some employment problems might be too small, such as communication issues, low motivation, poor job fit, and gossip, they can still gain momentum and develop into major issues. Major employment issues might result in lawsuits since such situations fail to uphold the law. Workers need to be aware of the employment issues that might cause the legal response. However, knowing the workers’ rights and clearly implementing them can enhance a better working environment and minimize the cases of bad situations in the workplace. The most common labor issues affecting employees include discrimination, harassment on the job, unlawful discharge or termination of employment contract, family and medical leave act (FMLA), minimum wage, overtime and misclassification, unsafe workplace complaints and conditions in the workplace and not offering the employees compensations for sicknesses or injuries suffered in the workplace. As a result, the paper addresses the common types of employment issues, their effects and how these issues can be prevented within an organization.
Common Employment Issues
The employment law issues experienced in the workplace pose a threat to the employees. For example, termination of an employee’s employment contract without a valid reason constitutes one of the employment issues affecting the workers. The employer’s decision to terminate the employee’s contract has been experienced for a long. Therefore, job protection against the unfair termination of an employee is essential in protecting human dignity. An employee may occasionally be fired by their employers without cause. If the employee has not done anything wrong, they may have legal recourse. Discrimination, harassment, and retribution are all potential causes of unjustified termination. Workers and employers encounter a number of employment issues that might turn into legal claims if they prolong for a long time. Wrongful termination of an employee’s contract might arise when an employee refuses to obey the unlawful instruction provided by the employer—for instance, ignoring safety regulations concerning a particular task or the employer requiring the workers to accept felony offenses, including tax evasion or larceny. Consequently, an employee can be terminated unlawfully by the employer for ignoring their organization’s policies governing the termination process. Failure to follow the proper protocols by the employer when terminating the employee contract. It is crucial to remember that there are legal repercussions if an employer fires an employee in a way that is termed to be unlawful or illegal. The employee will probably need to get compensation from the company in some form, such as: paying the terminated employee monetary compensation for the specified reason, reinstating them to their previous positions, or reimbursing them in back pay.
Wage and benefit disputes constitute some employment issues arising in the workplace. Whenever employees believe that they need to get the appropriate salaries and work benefits for their job, it might result in conflicts with the employer. Wages and salaries are major benefits offered to employees. However, employees are also entitled to other benefits, including bonuses, cash incentives, and sales commissions. Although most of the expected employee compensations and benefits are stated, some employers violate such policies. The federal law requires the employers to offer particular benefits to the employees while others occur due to the negotiation between the employer and the employee. Workers should know their benefits package as stipulated by law and from their agreements with the employers in order to be aware whether the company is offering them the expected benefits or they are being denied. Most of the employee compensation disputes with the employers include wage and hour disputes such as withholding pay, disputes concerning overtime pay, and disputes arising as a result of minimum wage pay rates (Akhbari, pg. 3). Similarly, medical leave disputes and other related benefits, retirement benefits, insurance disputes, unpaid overtime and compensation for the job injuries constitute some of the cases through which conflicts might arise between the employees and the employers. However, employees might be punished or underpaid for being legally absent or on leave. But for example, the Family and Medical Leave Act (FMLA) facilitates protecting employees from being mistreated by employers while on medical or after taking a leave. It requires the employer to still offer group health coverage to the employee while on leave. Employees who believe their FMLA rights have been violated have the right to submit a complaint to their employer. Employer penalties for violations of the FMLA are severe and may include making up for lost earnings and benefits as well as providing fair relief, which may consist of reassignment to the same or a better position.
Discrimination and harassment are other common employment issues occurring in the workplace. When an employee is treated less favorably than the other workers either because of their age, gender, race, or any other protected characteristics, they feel discriminated against. Harassment refers to any form of unwelcoming or offensive behavior towards a worker. It is the responsibility of employers to ensure their workplaces are free from any form of discrimination or harassment. Companies are forbidden by federal law from engaging in unlawful employment discrimination. These regulations prevent companies from mistreating employees because of their actual or perceived membership in a protected class (Hu et al., pg. 1746). Negative actions can take the form of retaliation, wage loss, failure to train, demotion, termination, and failure to employ. Various states have passed tougher legislation prohibiting discrimination based on sex, gender, political activism, or other medical problems, and status as a member of the armed forces or veteran. These regulations may also apply to employers not covered by federal laws. Federal or state laws prohibit various employment discrimination, such as age discrimination, disability discrimination, medical condition discrimination, race discrimination, and sexual harassment. An employee who has been discriminated against may be eligible for back pay, employment, reinstatement, promotion, front pay, reasonable accommodations, and other acts that would put them in the same situation as they would have been without the discrimination. You can recover damages for genuine financial losses and mental suffering with expert witness fees, court costs, and attorneys’ fees. Punitive damages may be granted when a private employer behaves intentionally, maliciously, or recklessly.
Employers should provide a safe working environment to employees. This is facilitated by the employers following all safety regulations as well as providing the workers with the appropriate safety equipment. However, it is essential for employers to be aware of the possible risks within the working environment to facilitate workers’ safety. Consequently, employers must offer proper training and safety procedures to the workers to prevent accidents among the employees in the workplace. For instance, a working environment that is free from accidents as well as injuries attracts employees and makes them feel contented while performing their duties; thus, the workers are more productive and satisfied while working in such environments (Diamantidis et al., pg. 19). A safe working environment is vital for both the workers and the employers. It is the employers’ responsibility to offer employees a safe working environment. However, it is the right of the workers to have a safe work environment. Implementing safety measures in the workplace keeps the employees safe and protects the company’s equipment, thus facilitating the smooth running of organizational activities. The factors affecting workplace safety entail environmental hazards, workplace violence, substance abuse, and unsafe working conditions. For instance, people working in an IT organization might have to work with damaged electronics or wires, thus putting them at great risk. Similarly, construction company workers might be exposed to the risks of using heavy equipment while performing their tasks, which, if not properly handled, might be at risk of causing injuries. In order to minimize such hazards, organizations should develop plans for promoting workplace safety. Employers need to understand and plan for the security and protection of the employees in the workplace, as this is likely to boost productivity and improve the quality of goods and services the company offers. A safe working environment leads to reduced accidents, thus reducing the costs of employee compensation (Wei et al., pg. 293). Additionally, a safe working environment promotes employers’ and employees’ wellness in general. Healthy workers are likely to perform their tasks efficiently and are more motivated and happy, thus increasing their productivity.
Salary misclassification constitutes one of the issues through which conflicts arise between the employer and the employee. For example, when an employer exempts an employee from overtime pay when the worker is legible to receive such benefits could result in disagreement in the job place. Most employers exempt some workers in order to avoid paying them when they are supposed to be getting those payments. According to the Fair Labor Standard Act, employees are entitled to overtime pay unless it is proven by the employer to be exempt. Therefore, unless the employer exempts the employees from getting overtime, they should receive their salaries and overtime pay as stipulated in the Fair Labor Standard Act. The law requires employees to work eight hours in a day or forty hours per week; working more than these hours, the employee should be paid for the overtime. However, the employers pay salaries and declare to the employees that they are entitled to wages. This is the intention of the employer to avoid paying for the extra work done, thus mistreating the employees. Most workers think that receiving a salary entitles them to no overtime pay. Misclassification of non-exempt employees as exempt is the practice of doing so in order to deny an employee their entitlement to overtime pay, meal breaks, and rest breaks (Caliendo et al., pg. 11). Although some employees work longer than eight hours per day or forty hours a week, not all of them are paid overtime. Exempt workers typically receive a salary rather than an hourly wage, and their employers are not compelled to compensate them for working overtime. Salary misclassification is prohibited by federal and state law, and these laws protect employees against being mistreated by employers. Some employers misclassify the workers in order to save money which is harassment to the employees.
Effects of Employment Issues
Providing a safe and proper working environment by the employer is essential. Unsafe working conditions can result in diminished employee performance and lowering employee morale. Over time, it can harm the organizational reputation, thus affecting the company’s ability to attract talent and more qualified employees. Increased employee turnover leads to losing the most qualified and experienced workers hence the company losing a vital task force. Similarly, a negative work environment can lead to absenteeism. The worst of it, it can result in lawsuits due to defamation, harassment, or discrimination. As a result of the unsafe working environment, increased injuries can make the employees fail to meet their responsibilities, causing underperformance in the organization. The organization thereby loses revenue and potential opportunities as the customers might begin to complain over the provision of low-quality products and services. Job discontent and excessive turnover are linked to workplace exclusion which might lead to long-term effects on employee productivity and mental health is possible. Job burnout, which contributes to workplace negativity, can result in physical symptoms, including migraines, muscle pain, and emotions like worry and depression. These issues may have a negative impact on employment results and the work performance of the employees.
When employees feel like they are being discriminated against, they might become resentful towards the organizational management and other workers who benefit from the discrimination. As a result, the performance of the workforce may be impacted by this unfavorable attitude, which may affect a business’s overall performance. For instance, a woman who is not consistently assigned new client assignments may start missing deadlines, reporting absenteeism, or ceasing to do other duties. In addition to hurting her performance, these activities may impact her employer’s reputation. Instead, if the same lady feels appreciated and motivated as a worker, she might take pride in her work and care about the organization’s reputation. Discrimination within the workplace leads to adverse effects on the workers and the organization. Discrimination due to race, gender, religion, and age creates conflicts and disagreements, consequently leading to the division of employees within the company. This leads to underperformance or the inability of the employees to meet their deadlines and avoid responsibilities leading to poor organizational performance in general.
However, unjust treatment among the employee can cause higher stress levels, which can eventually lead to health problems for the attacked persons. An employee always facing discrimination based on race, religion, or gender may overthink daily decisions including what to wear, their communication with others, and other minor issues. The increased stress can reduce sleep quality and lead to overeating or undereating, thus affecting the employee’s health status. Due to the development of these bad habits, an employee might start feeling chronically ill. Similarly, discrimination causes major impacts on the companies, as it has on the individual employee. An organization might face huge monetary losses as a result of ongoing discrimination. For instance, when the worker quits the organization as a result of harassment or discriminatory issues, the organization incurs huge costs in training new personnel. Similarly, the company has to incur huge costs when the employee retains the position in hiring productivity consultant or legal adviser for addressing the causes of unfair treatment in the company.
Prevention of Employment Issues
In order to avoid the occurrence of employment issues within the company, the employer must comply with the labor laws governing the employees’ rights. Appropriate adherence to labor laws creates a safe environment where the employees feel contented and motivated to work. Complying with federal regulations, such as adhering to the minimum wage requirement, providing a safe workplace, and designing policies that prohibit discriminatory behavior in the organization, can best result in eliminating unfavorable issues. Protecting the employees is crucial since it ensures better service delivery and a culture of togetherness. When the employees have the understanding that they depend on each other, the instances of conflict are reduced hence creating a positive culture of encouraging one another (Kleiman, pg. 12). Since complying with these labor laws ensures equality within the workplace, the business growth can be enhanced because the employees feel valued and motivated—working together as a team increases job satisfaction a culture that is transformed throughout the organization. Ensuring the rights of the employees are met, and the employees meet their responsibilities in protecting the employees’ concerns in the workplace can result in positive company growth.
To enable employers to prevent workplace issues, they need to develop written policies that define effective rules and procedures in their organizations. They provide the employees with written policies containing the types of employment issues, and how they are handled and resolved is essential for the employees. These policies and procedures help them understand what is acceptable by the law and the responsibilities and rights of every stakeholder in the organization. Consequently, the employer should establish a means through which the issues are resolved whenever they occur within the workplace. Quickly and fairly solving problems makes the employees trustful to the organization. Solving the issues shows fair treatment of every worker, thus feeling honored and valued. However, the company needs to educate its employees on their roles and responsibilities in preventing conflicts that might arise within the workplace. Organizations need to conduct training programs in order to keep the employees updated on how they are expected to behave in ensuring the prevention of the emergence of issues in the workplace. Making the employees aware of the existing policies and procedures governing their rights and how to report allegations whenever they occur helps establish a better working environment free from any forms of employment issues such as discrimination, harassment, and the employee’s unlawful termination.
Conclusion
In most organizations, no matter their size, employment issues are a common problem affecting them. Whether big or small business organizations, these issues have been happening. Unfair labor issues, discrimination, harassment, and the denial of overtime pay to employees affect the employees within the companies. Upon the occurrence of such issues, they are likely to negatively affect not only the employees but also the organization as a whole. These issues harm the employees’ morale, thus making them unproductive. The overall performance is affected, leading to organizational revenues and profits loss. In order to deal with such issues, business organizations should be aware of the provided federal laws governing the rights of the employees. Consequently, the employees should be aware of the employment act and understand their rights and how to address the issues affecting them while performing their duties. The organization should provide written policies and procedures governing the employees. Establishing an appropriate reporting mechanism could help in the prevention of conflicts between employees and their employers.
Works Cited
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Diamantidis, Anastasios D., and Prodromos Chatzoglou. “Factors affecting employee performance: an empirical approach.” International Journal of Productivity and Performance Management (2018).
Hu, Yue-Yung, et al. “Discrimination, abuse, harassment, and burnout in surgical residency training.” New England Journal of Medicine 381.18 (2019): 1741-1752.
Kleiman, L. (2022) Employment law and compliance, Reference for Business. Available at: https://www.referenceforbusiness.com/management/Em-Exp/Employment-Law-and-Compliance.html (Accessed: December 16, 2022).
Wei, Holly, Sewell, Kerry A., Woody, Gina, and Mary A. Rose. “The state of the science of nurse work environments in the United States: A systematic review.” International Journal of Nursing Sciences5, no. 3 (2018): 287-300. Accessed December 16, 2022. https://doi.org/10.1016/j.ijnss.2018.04.010.
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