Employment Law Questions and Answers

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Is an employer under a legal obligation to hire or promote me if I am the most qualified person for the position?

No. Under both federal and most state law, an employer does not have to hire or promote the most qualified applicant. But the employer cannot base decisions on such factors as sex, age, race, religion, or any other protected category. This is how the law draws the line.

Is a prospective employer allowed to ask about my marital status?

No. Under most states, the employer cannot ask questions about whether you are married or planning to be married or whether you have children. The employer is also prohibited from asking questions concerning your sexual orientation or whether you are planning to have children. The employer can, however, ask whether you have any personal situation that could hurt your ability to fulfill the job's requirements.

Can the employer ask me if I have ever been arrested?

Under most states, an employer may not ask whether you have ever been arrested. Neither can the employer inquire whether or not you have a juvenile criminal record. The employer may ask, however, whether you have ever been convicted of a crime.

Can a former employer say bad things about me on a reference check?

In most states, the general rule is that a former employer may provide 'non confidential' employment information about a past employee as long as it is not false or provided to intentionally harm you. Should your former employee provide false information that is harmful to your reputation, you may be able to sue for defamation.

Can I be fired without cause?

Absolutely, in almost all states you may be fired without cause unless you have a signed employment contract for a fixed term. Most employees are considered to be employees "at will," which means that the employee or the employer can terminate the employment relationship at will and without cause at any time and under any circumstances as long as the employer does not fire the employee for an illegal purpose or against a public policy.

Is my employer legally responsible for my safety at work?

Generally yes. Under both federal and state law, employers are under a legal duty to provide a work environment that is free from recognized hazards that cause or are likely to cause death or serious physical harm to their employees. In most instances, you may anonymously complain about an unsafe work environment and be protected against employer retaliation. Your damages, however, may be limited to the recovery laws set out by the workers' compensation system.