Wednesday, May 22, 2019

Questions About Employment Law

Q. Is it compulsory to notify government workers ahead of shooting them?

A. No, unless:

Q. Must an employer check the citizenship or right to work of employees?

Employers are responsible for examining the acceptable original documents. (The only exception is a certified copy of a birth certificate.) However an employer may not request more documents as that sometimes is a pretext for discrimination that is illegal than is reasonable.

Q. When do I need agreements with employees, contractors, and service providers (sometimes called SLAs?)

The objective of company policies would be to give notice and to establish uniform treatment and education for employees on performance and behavior in the office. It is a good idea to have employees sign a different document stating that this information has been received by them and that they agree to it or that the end of the policy statement. It is very important to present the data in the first hiring session to be confident that it is legally effective as binding to the employee.

Q. Can "flirting" represent sexual harassment?

A. It's really hard to state a rule. When horseplay involving the genders or mild and friendly bantering cross the line and become undesirable and too far is the sort of thing courts exist to pick.

Q. Is there ever a time when an employer or potential employer can differentiate between two employees or candidates based on sex, religion, age, etc.. ?

A. Yes, there certainly are cases where some of those are "bona fide occupational qualifications" for a job. For instance, only men may qualify for just men/boys of a certain age for a boy's function, and roles in a movie. It is acceptable for a kosher deli to require its butchers to be Jewish. But, race and color are not contemplated bona fide occupational qualifications.

Q. Does the law govern how workers are hired?

Before starting the hiring process, an employer should put together a set of requirements and standards for the occupation. An employer can use these requirements to compare applicants to decide who is to be given an offer of employment. The company can match experience, the ability and background of each applicant with all the requirements and standards . This helps an employer remove discriminatory in reaching a decision from being used, and prohibited practices.

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