I
was fired from my last job and all my prospective
employers ask for my ex-employer’s contact
information and reference. If my employer
badmouths me, what should I do?
If the parting
has not been on cordial terms, there is risk
of bad references. You cannot stop a former
employer from giving bad references. However,
it is in your interest if you personally ask
for a reference letter at the time of leaving
your organization. The employer may desist
from making bad remarks and you’ll know
what is in the letter. However, you cannot
stop prospective employers from contacting
your ex-employer to obtain more information
about you. If ex-employers lie about you,
then they are liable for defamation.
Is
it lawful to be asked questions based on my
national origin, sex, race, pregnancy, marital
status, sexual orientation, age, or disability,
and then deny me employment on that basis?
No.
Prospective employers cannot ask questions based
on national origin, sex, race, pregnancy, marital
status, age, or disability. It is in violation
of Title VII of the Civil Rights Act, 1964.
Applicants may file complaints with the Equal
Employment Opportunity Commission (EEOC) and
seek damages.
The prospective
employer cannot deny a job to the applicant
on those parameters. Every qualified applicant
has the same chance to get a job without prejudice
shown toward a special class.
Can
I be asked to undergo a disability test to prove
my job eligibility?
It is unlawful
to ask questions regarding disability or require
an applicant to undergo a disability test until
and unless it relates to ability to perform
the job being applied for safely and competently.
But you can be asked questions about the disability
if they relate to workplace accommodation necessary
for you.
I
belong to a protected class, and I believe I
have not been hired/not promoted/denied benefits/was
terminated because of my protected status. What
should I do?
If
you believe that you were denied employment
or employment related benefits or privileges
because of your sex, religion, national origin,
age, disability, sexual preferences, marital
status, or political status, you can file a
complaint with the Equal Employment Opportunity
Commission (EEOC).
Does
an employer have the right to monitor e-mail
messages or intercept my mail?
It depends on the
facts of each case or the company’s policy,
and the law in your state. Few states have legislation
to protect workers from employers reading their
e-mail. More than one-third of all companies
responding to a recent American Management Association
survey acknowledged searching e-mail for business
necessity.
However, the employer may have the right to
review e-mail with such a policy in place. But
they generally cannot open your personal mail,
especially it it’s marked “personal
and confidential.” If you feel your privacy
rights have been violated, speak to an employment
attorney.
Who
is entitled to the job if both a qualified U.S.
citizen and a qualified alien applied for the
job?
When a qualified
U.S. citizen applies for any position, that
person must be given preference over a qualified
alien, even if the citizen is less qualified.
II was
hired on a probationary period, but was fired
before the end of probation. Is this legal?
Even employees
taken on probation are “employment at
will” employees, and their employment
relationship can be terminated at any time without
reason; it depends solely on the employer’s
will. In certain cases, you may be entitled
to receive salary or other benefits until the
end of the probationary period.
I had
asked for permission to go through my personnel
file, but it was denied. Is this legal?
You would have to check
your state’s employment laws to see if
you are permitted to review the contents of
your file. If it does, you should regularly
review the contents, especially if you believe
your employer is treating you unfairly.
What
is the law regarding telephone tapping at work?
The Omnibus Crime
Control and Safe Streets Act of 1968 prohibits
deliberate interception of oral communications,
including telephone conversations. The conversations
between employees, uttered with the expectation
that such communications are private and confidential,
should be that way, and employers are forbidden
from eavesdropping under this statute.
Is
smoking at the workplace legal?
Various federal
agencies, including the Merit Board and the
Equal Employment Opportunity Commission (EEOC),
have ruled that employers must take reasonable
steps to keep smoke away from workers who are
sensitive to it. The Occupational Safety and
Health Administration (OSHA) has issued similar
requirements to enhance safety in the workplace.
If you are having problems with smoking by co-workers,
you should inform the proper authority. If the
authority does not act, you can file a complaint
with OSHA or the EEOC to protect your rights.
Does
an employer have the right to enforce a no-fraternization
rule at curbing interoffice romance?
It depends on the
facts. Although it may be legal to forbid employees
from fraternization, all employees must be treated
similarly to avoid violations.
I was
fired at the end of year and was denied a year-end
bonus about to vest in the following year. What
should I do?
If you are fired
at the end of the year and denied a year-end
bonus or other benefits about to vest in the
following year, consult an attorney immediately
to enforce your rights. But try to negotiate
it first with the proper authority in the organization.
Should
I resign or wait to get fired?
Many people have
the notion that it is better to resign than
be fired. However, this is not always true.
By resigning, you may waive valuable benefits,
including severance pay and other benefits.
This is because many employers have written
policies stating that no severance pay or post-termination
benefits will be paid to workers who resign.
In some states, you are not entitled to unemployment
benefits if you voluntarily resign from a job.
How
do I file for unemployment compensation?
To receive UI
compensation, you must file a claim at your
local state unemployment office. File as soon
as possible after unemployment begins, since
you will not receive benefits until all the
paperwork is processed and eligibility for benefits
is verified.
You should also take the following documents
to the unemployment office to help in verifying
your eligibility: social security card, recent
pay stubs, and any document showing the reason
for the job loss. After filing the claim, you
usually must report regularly to the unemployment
office to verify your continued eligibility
for benefits. You can lose benefits if you do
not report.
While
at work, I suffered permanent disability. What
are my rights?
If you suffer an
on-the-job injury which results in a permanent
disability, whether partial or total, you are
eligible for payment to compensate for the decrease
in earnings attributable to the permanent nature
of disability. The amount you will receive may
be determined by a schedule, or by a percentage
of the weekly wage.
If the workplace injury results in your death,
money is generally provided to your spouse and
children (if any). Death benefits consist of
a burial allowance and a percentage of your
weekly wages. There may be a maximum limit (cap)
on benefits. Death benefits are provided to
a spouse until remarriage and to the children
until they reach majority.
What
happens if I have been wrongfully disciplined?
If an employer
has disciplined you or discharged you in violation
of the law, you are entitled to be “made
whole”—that is, put in the position
you were in had your employer not discriminated
against you. For example, if you were demoted,
you can be returned to your previous position.
If you were denied the promotion, you can be
awarded the promotion and the raise retroactively.
If fired, you can be reinstated with back pay
and interest, along with damages in an amount
equal to your back pay. You can also recover
attorney’s fees and court costs.
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