Candidate Hub/Your rights at work
Candidate Hub · Topic 08

Your rights at work

At-will, discrimination, whistleblowing, background checks, AI rules, WARN.

At-will employment

In every state except Montana, employment can generally end at any time for any lawful reason. Executive agreements and contracts can add protection.

Anti-discrimination

Federal law protects against discrimination based on race, color, religion, sex, national origin, age (40+), disability, pregnancy and genetic information. The Pregnant Workers Fairness Act (2023) requires reasonable accommodations.

Whistleblower protection

Sarbanes-Oxley and Dodd-Frank protect employees who report fraud or securities violations, and the SEC can award whistleblowers 10% to 30% of sanctions.

Trade secrets

The federal Defend Trade Secrets Act protects confidential information. Don't take documents, contacts or data when you leave, even if you created them.

Background checks

Under the Fair Credit Reporting Act, employers need your written consent and must give you a copy and a chance to respond before rejecting you based on a report.

AI hiring rules

NYC requires bias audits and notice for automated hiring tools; Illinois requires notice (2026); California applies discrimination law to automated systems (2025); Colorado's replacement law adds notice and human-review rights from 2027.

Layoffs & WARN

Employers with 100+ employees must generally give 60 days' notice of plant closings and mass layoffs (federal WARN Act). Several states have stricter "mini-WARN" laws.

Unemployment benefits

Run by each state, usually for people who lose their job through no fault of their own. Voluntary resignation generally doesn't qualify.

Non-competes

No federal ban (the FTC dropped its rule in 2025). California, Minnesota, North Dakota, Oklahoma and Wyoming ban most non-competes; Washington will from June 2027; Florida enforces them strongly for high earners.

Guides

How-to guides

How toRespond if you think you have been discriminated against
  1. Write down what happened, when, who was involved and any witnesses, as soon as possible.
  2. Keep copies of relevant emails and documents you are allowed to keep (never take confidential company data).
  3. Report internally following the company's policy (HR or compliance hotline).
  4. Be aware of deadlines: a charge with the EEOC must usually be filed within 180 days (300 days in many states).
  5. Speak with an employment lawyer before signing any agreement or release.
How toHandle a background check issue
  1. Ask for a copy of the report; under the FCRA you are entitled to it before an adverse decision.
  2. Identify errors (wrong person, outdated records, incorrect dates) and dispute them with the screening company.
  3. Explain context directly to the employer through your recruiter.
  4. For international history, provide documents in advance (degree certificates, employment letters) to avoid delays.

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Information reviewed September 2026. General information only, not legal, immigration, tax or financial advice. Laws change frequently and vary by state and personal situation; consult qualified professionals.