An employer-employee relationship refers to a situation where an individual works for another individual or organisation, and the employer possesses the authority to dictate how the employee performs their job. This relationship holds significance as it impacts the legal rights and obligations of both the employer and employee. Additionally, various other relationships such as doctor-patient, attorney-client, and parent-child relationships exist, each carrying their own distinct set of duties and responsibilities.
An employer-employee relationship is a legal connection between a person who hires another to perform services and the person who is hired. The employer has the authority to direct the employee’s conduct during their work. This association was previously referred to as “master-servant” in common law, but the term “employer-employee” is now more commonly used. For instance, when a company hires an individual to work for them, an employer-employee relationship is established. The employer has the right to control the employee’s work and can provide instructions on how to carry out their duties. In return, the employee is obligated to follow the employer’s instructions and perform their duties to the best of their ability. Other examples of legal relationships include: Attorney-Client Relationship: A formal legal representation of a person by a lawyer. The lawyer has a duty to act in the best interest of their client. Doctor-Patient Relationship: The association between a medical provider and one who is being diagnosed or treated. The doctor has a duty to ensure that the patient gives informed consent for treatment. Parent-Child Relationship: The association between an adult and a minor in the adult’s care, especially an offspring or an adoptee. The adult has a high duty of care, including the duties to support, rescue, supervise and control, and educate. Professional Relationship: An association that involves one person’s reliance on the other person’s specialized training. Examples include one’s relationship with a lawyer, doctor, insurer, banker, and the like. These relationships have legal implications and impose certain duties and responsibilities on the parties involved.
In most cases, yes. Employment in the United States is generally considered “at-will,” meaning that either the employer or the employee can terminate the employment relationship at any time, with or without cause, as long as it is not for an illegal reason (such as discrimination).
The federal minimum wage in the United States is currently $7.25 per hour. However, some states and localities have higher minimum wage rates, so employers must comply with the higher rate if applicable.
Yes, employers can require employees to work overtime, but they must comply with federal and state laws regarding overtime pay. Generally, employees must be paid at least one and a half times their regular rate of pay for any hours worked beyond 40 in a workweek.
Generally, an employer can change an employee’s work schedule as long as they provide reasonable notice. However, specific laws may vary by state or employment contract, so it is advisable to consult local labor laws or employment agreements for more information.
Employers generally have the right to monitor employee emails and internet usage on company-owned devices or networks. However, they must inform employees of any monitoring policies and should respect employee privacy rights to some extent.
Yes, employers can require drug testing for employees, especially in safety-sensitive industries. However, specific laws regarding drug testing may vary by state, so it is important to consult local regulations.
In most cases, an employer can refuse to hire someone based on their criminal record, as long as the decision is not based on discriminatory factors such as race or religion. However, some states have “ban the box” laws that restrict employers from asking about criminal history on job applications.
Yes, employers can require employees to sign non-compete agreements, but the enforceability of such agreements varies by state. Some states have stricter requirements for non-compete agreements, such as limiting their duration, geographic scope, and the legitimate business interests they protect.
No, employers cannot withhold wages or pay less than the minimum wage, except in certain limited circumstances such as deductions for taxes or court-ordered garnishments. Violating wage and hour laws can result in legal consequences for employers.
No, employers cannot discriminate against employees based on protected characteristics such as age, race, gender, or disability. Federal and state laws prohibit employment discrimination, and employees who experience discrimination may have legal remedies available to them.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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