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Get It in Writing: The Ultimate Guide to Your Rights at Work - Hardcover

Stygar, Ryan

 
9798217044221: Get It in Writing: The Ultimate Guide to Your Rights at Work
Hardcover
ISBN 13: 9798217044221
Verlag: Portfolio, 2026

Inhaltsangabe

From Attorney Ryan, the most well-known labor lawyer in America, the complete guide to workers’ rights that your boss doesn’t want you to read

Life for working people is getting harder and more expensive. While employers clamp down with return-to-office mandates, productivity trackers, and layoffs, employees are struggling to keep up with daily expenses. Meanwhile, workers are expected to make huge sacrifices "for the good of the company." But what do they get in return? A surprise meeting with HR followed by a swift and unceremonious termination.

For too long, we’ve accepted the status quo. But you deserve better. In Get It in Writing, Attorney Ryan Stygar, a former firefighter who became a workers' rights attorney, teaches you everything you need to know about how to get what you’re owed at work. Each chapter is filled with practical, easy-to-understand advice. In plain English, he breaks down the answers to all your biggest questions around labor law, including:

  • “Does At Will employment really mean I have no rights?”
  • “What do I do if my boss is bullying me?”
  • “What if I’m too injured to keep working?”
  • “Am I getting paid correctly?”
  • “What if I report my creepy manager and no one believes me?”

Most people are, understandably, afraid to deal with employment problems because their whole livelihood is at stake. But we can’t let bad bosses use fear to control us. Armed with Get It in Writing, you will have the tools to claim your basic rights: fair pay, fair treatment, and the time and accommodations you need when life goes off script. With Attorney Ryan's expertise, millions of working people are winning back what is rightfully theirs. It’s time for you to join them.

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Über die Autorin bzw. den Autor

Ryan Stygar is an attorney, a former firefighter, and a leading voice in the field of labor and employment law who has gained a massive following online as @AttorneyRyan. Through his videos, he empowers working-class people by educating them about their rights. Stygar is the founder and lead counsel of Centurion Trial Attorneys, where he and his staff work daily to protect employees from abusive labor practices. He was born and raised in San Diego, California, where he currently resides.

Auszug. © Genehmigter Nachdruck. Alle Rechte vorbehalten.

Chapter 1

At-Will Employment and Wrongful Termination

Fire At Will!

Let's go back a few pages to the opening story of this book. When I worked as an EMT, I was told on my very first day that my employment was at will. Wrinkled Polo's description-"You can be replaced any time, for any reason, even for no reason"-scared me.

I had no money, no power, and it seemed to me that my employer held all the cards. I know I'm not the only one to have felt this way; it's a common sentiment. But the fear is not proportionate to the threat. You have rights and you can enforce them; you just have to understand the rules first. That information is what I was missing, and it's something I want you to have.

Most people in the US are employed at will. But most people don't actually know what that means! This basic terminology is crucial for understanding your rights at work. Let's dive in.

At-Will Employment

So, what is at-will employment? At-will employment means that you can be fired for any legal reason, including no reason, with or without notice, and it is the standard in most US states. No cause is required; you can be legally terminated from an at-will position even if the reason is objectively unfair. At will is also the default condition, meaning that if you do not have a contract specifying otherwise, then you are probably an at-will employee.

At-will states may go with a different name depending on where you live. For example, your employer might use a phrase like fire at will state, or even (incorrectly) right-to-work state. Whatever the name, the at-will rule is the same. Every state in the United States is an at-will state-except Montana. Under the Montana Wrongful Discharge from Employment Act, employers generally must have "good cause" to terminate an employee (once the employee has finished an established probationary period).

As a starting point, most terminations are legal. However, there are many exceptions to the at-will presumption. The key to every wrongful termination case-a concept we'll tackle later in this chapter-is proving your termination was one of those exceptions!

Right-to-Work States

At-will and right-to-work states are not the same thing. Right to work is a phrase often mistakenly used by employers who mean to say at will. But right-to-work laws only mean that employees cannot be required to join a labor union to qualify for a job. Additionally, in some right-to-work states, employees cannot be required to pay dues to a union if they opt out of membership. As of the writing of this book, twenty-five states have right-to-work laws.

So, since every state (except Montana) is an at-will state, that means every right-to-work state is also an at-will state. But not every at-will state is a right-to-work state. Being a right-to-work state has nothing to do with why an employer might legally fire you. If your boss says something like "This is a right-to-work state, which means I don't need a reason to fire you," they are simply wrong.

Why Do the States Have Different Rules?

Let's take a quick detour to clear something up, because knowing why the states have different rules will put you one step ahead of a slimy supervisor.

Many bad bosses will say something like "Your rights depend on what state you're in" to downplay your legally entitled labor protections. It is true that your rights will vary somewhat from state to state. However, and more important, it is also true that federal laws apply to all fifty states, including laws about labor protections. Federal law provides the basic rules that all states must follow. However, states are free to enact laws on a wider range of issues than the federal government. Generally, the Tenth Amendment of the Constitution allows states to make their own rules so long as they do not conflict with federal law. This is why each of the states have slightly different laws, even though federal law still applies equally to all states.

So, what happens when state laws and federal laws disagree?

Here is the basic rule that will guide you in most situations. When state and federal law are in conflict, federal law prevails; but if the state law provides more labor protections than federal law, then generally the state law prevails.

States can have different laws where federal law is silent. States may add protections on top of federal rules but cannot undermine those rules. For example, the federal minimum wage is $7.25 per hour as of the writing of this book. States may not make a law for a minimum wage lower than $7.25 per hour. However, states are free to make their minimum wage higher if they choose to. If a state does not enact its own minimum wage, then the federal minimum wage applies.

Exceptions to At Will

Let's get back to at will. The default presumption is that your termination is legal. But if an exception applies, then the termination is not legal.

What are the exceptions to the at-will presumption? At-will employment is no excuse to break the law. There are several situations in which it is illegal to terminate you even if you are an at-will employee. Even if you signed a contract saying you can be fired for "any" reason, it is still illegal to fire you for illegal reasons.

I'm not saying these laws will stop you from getting fired. Just like how a stop sign won't magically make cars stop. What I'm saying is that if you are fired for an illegal reason, you can have legal recourse and could be owed significant compensation once your case is proved. Typically, being fired for an illegal reason (a.k.a. an exception to the at-will presumption) falls under one of the following:

You were terminated in violation of applicable state, federal, or local law.

You were terminated because of a protected characteristic (such as your disability, gender, race, etc.).

Your termination violated the terms of a contract between you and the employer. (In this case, you would have both a breach of contract claim and a wrongful termination claim.)

You were terminated for making a whistleblower complaint.

You were terminated after exercising a protected legal right.

Your termination didn't violate a specific law, but it went against an established and substantial public policy.

Being fired for one of these reasons is called wrongful termination.

What Is Wrongful Termination?

Wrongful termination is a fancy way of saying that you have been fired for an illegal reason. Wrongful termination is illegal in all fifty states, including the forty-nine at-will states. In addition to the reasons for illegal termination above, here are some of the most common forms of wrongful termination I see:

You requested medical leave under FMLA and then got removed from the schedule.

You got fired for requesting reasonable accommodations for your disability.

You got fired after refusing to go on a date with the boss.

You were terminated for discussing your wages.

You were "laid off" while on maternity leave under FMLA.

You were fired after reporting harassment, discrimination, or other unlawful conduct.

You were fired because a new manager doesn't want someone of your race or gender or with your disability on their team.

Your boss overheard you speaking of your same-sex partner and fired you for "not being a culture fit."

You requested extra breaks to accommodate your pregnancy and got pulled from the schedule.

Your boss asked you to "massage the numbers" on a government report. You refused, so you were fired for being "insubordinate."

You were fired after reporting a safety concern to OSHA.

You recently turned sixty-one years old. Your boss started dropping hints that you're "too slow," then laid you off.

You were fired for cooperating in...

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Verlag
Portfolio
Erscheinungsdatum
2026
Sprache
Englisch
ISBN 13 
9798217044221
Einband
Gebundene Ausgabe
Anzahl der Seiten
384
Kontakt zum Hersteller
Nicht verfügbar
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