Questions About Employment Law

Q. Is a business required to provide medical, life and similar insurance coverages for its employees?

A. Although it's common to provide these kinds of "employee benefit" coverage for employees, the law generally does not require a business to achieve that. Most companies provide similar and these advantages to attract and keep good workers and as an additional type of compensation. Companies that employ unionized workers must provide whatever gains are needed by the terms of their union contracts, and it may be necessary to provide particular kinds of employee benefits as a condition of doing business with or for agencies or governmental entities. Many nations have opted to adopt legislation requiring companies that are to give health insurance. Check with labor department or your state's insurance to see if your state has adopted such a law.

Q. Can an employer fire a employee that refuses to work on his scheduled day off?

Most bosses are not stupid enough to do random firings as it could be dreadful for morale. Additionally, most companies have rules that their supervisors are told to comply with, which are designed as senior managements know that it is bad for business term to prevent arbitrary firings. However, insubordination is one floor that's open. A boss must look after the needs of their company first. If there is really a demand for the employee to be there on that which was a scheduled off day, and there is not any true hardship or very powerful reason why he could not shift your program once in a while (like the employee is getting married to the day the boss wants him to work, or attending an out of town event with non-refundable airplane tickets) , but the worker is inflexible, there is absolutely no valid reason preventing the termination of the employee.

Q. What is the difference between independent contractor and employee?

An independent contractor is currently in company for him/herself. The independent contractor makes quarterly state and federal personal income tax deposits (based on yearly quotes), pays the whole contribution to social security and Medicare taxes, and supplies his/her own insurance and benefits. An independent contractor does not gain from any unemployment insurance program and is not subject to wage and hour regulations.

Q. Does "flirting" represent sexual harassment?

The exact same can be said of flirting. What can be free or flattering can be terrifying to another, objectionable, and offensive. One person may regard mild or flirting horseplay as innocent pleasure, and it might not be viewed as objectionable at the time of the behaviour, but somebody else may see it as aggressive, insulting, and demeaning, or even down the road it might be regarded as a member of a routine of a hostile atmosphere.

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

Employers are responsible for examining the acceptable original documents. (The sole exception is that a certified copy of a birth certificate.) Nevertheless an employer may not ask for more files as that sometimes is a pretext for discrimination that is prohibited than is reasonable.

Q. Are employees entitled to view their files?

A. Assuming that the state has a statute (or case law) regulating access to personnel records, an employer is not required to allow an employee view his/her document. It is normally regarded as the employer's property, even though the document is all about the employee.