Frequently Asked Questions
Q: During a job interview, are there questions that an employer can’t ask?
A: Yes. This includes questions about religion, race, or national origin, as well as plans such as whether or not the individual plans on having children. Additionally, an employer is unable to ask a potential candidate whether or not they have been involved with any type of union organization activities or strikes in the past.
Q: When is an employee allowed medical leave from work?
A: An individual who is sick or hurt may be entitled to vacation days, sick days, personal leave, or other types of days off if time off is needed. Even if the employee is not directly sick or injured but has a child, family member or spouse that is injured or seriously ill, he or she may is entitled to up to 12 weeks of unpaid leave.
Q: Is it legal for an employer to choose favorites amongst employees?
A: Possibly. It is not illegal for an employer to do this, however if it based on factors such as gender, age, race or national origin, this can be considered illegal under state and federal anti-discrimination laws.
Q: Under wage and hour laws, what is considered to be working time?
A: Under the wage and hour laws, any type of work that a supervisor allows an employee to perform is considered as time that is compensable. When a non-exempt employee works more than 40 hours in one week, he or she may also be entitled to overtime pay.
Q: Is an employer allowed to disclose the real reason why an employee quit or was terminated?
A: In most cases, yes. However, if an employee was terminated for doing something they shouldn’t have but it was never investigated or proven and the employer tells individuals that this was the reason for letting that employee go, the employer may be sued for defamation.