8 Employment Law Myths That Could Cost You Your Case
Misconceptions about employment law can lead employees to miss deadlines or give up valid claims.
Myth 1: At-Will Means No Rights
At-will does not mean employers can fire you for illegal reasons. Federal law prohibits discrimination, retaliation, and other forms of wrongful termination regardless of at-will status.
Myth 2: You Need a Smoking Gun
Most discrimination cases are proven through circumstantial evidence: patterns, disparate treatment, suspicious timing, and pretextual reasons.
Myth 3: HR Will Protect You
HR works for the company. Always keep your own records and consider consulting an attorney for serious issues.
Myth 4: You Cannot Afford a Lawyer
Most employment attorneys work on contingency. You pay nothing upfront, and many statutes require the employer to pay your fees if you prevail.
Myth 5: Filing a Complaint Will Make Things Worse
Federal law specifically protects employees who file complaints. Retaliation itself becomes an additional legal claim.
Myth 6: You Have Plenty of Time to File
Filing deadlines are among the strictest. EEOC charge deadlines are often 180 or 300 days, and some OSHA whistleblower deadlines can be as short as 30 days. Missing a deadline can permanently bar your claim.
Myth 7: Small Companies Are Exempt
While some federal laws require minimum employee counts, Section 1981 has no minimum employee threshold, the FLSA covers many employers, and state laws often fill gaps.
Myth 8: Signing a Severance Waives All Rights
You cannot waive the right to file EEOC charges. Age discrimination waivers must meet OWBPA requirements. Waivers obtained through fraud or duress may be invalid.
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