Don't be the employer who demonstrates why the employment laws were enacted in the first place. Questions come up like "can we fire the employee who just filed a workers compensation complaint against us since now our rates will go up;" "do I have to investigate this complaint of sexual harassment, especially now that the grievant has quit;" "his racist jokes were all in good fun, so no harm, no foul right;" "my employees seem to enjoy sitting on my lap during the holidays when I pretend to be Santa, what's the big deal?" Worse is when conduct like this occurs but no one even questions whether it is legal or appropriate.
When you are asked by a potential employer, "what religion are you," head for the hills, unless you are actually applying for a religious job where that may possibly, in narrow circumstances, be legally permissible. There are many nuances to employment law where the legally correct answer requires research and an opinion from an employment lawyer, but the above questions and thinking are not as unusual as you might think. Although employers in employment-at-will states like Kansas have great latitude, it is certainly not unfettered. Educate yourself and your key employees on the basics of employment law and have a good employment lawyer's number handy. If in doubt about whether something is legal, pick up the phone and ask your counsel. A quick call can avoid years of litigation, time, risk and expense. No question is too dumb. Don't just wing it and hope for the best. That does not constitute a viable, sensible business strategy.
As an employee, if your employer does not take legitimate concerns seriously, fosters a toxic, disrespectful environment, find another job and leave. Blatant and obvious employment law violations are one clear signal about your employer. When you are experiencing serious problems, consult a qualified employment attorney right away and find out about your rights and options. Even if the law has not been violated, you may need to think about where you want to best expend your efforts. Time is short. Shine well and brightly as employers and as employees, in a mutually respectful and rewarding environment. Anything less should be unacceptable.
http://www.employmentlawman.com/monday-morning-musings.html
When you are asked by a potential employer, "what religion are you," head for the hills, unless you are actually applying for a religious job where that may possibly, in narrow circumstances, be legally permissible. There are many nuances to employment law where the legally correct answer requires research and an opinion from an employment lawyer, but the above questions and thinking are not as unusual as you might think. Although employers in employment-at-will states like Kansas have great latitude, it is certainly not unfettered. Educate yourself and your key employees on the basics of employment law and have a good employment lawyer's number handy. If in doubt about whether something is legal, pick up the phone and ask your counsel. A quick call can avoid years of litigation, time, risk and expense. No question is too dumb. Don't just wing it and hope for the best. That does not constitute a viable, sensible business strategy.
As an employee, if your employer does not take legitimate concerns seriously, fosters a toxic, disrespectful environment, find another job and leave. Blatant and obvious employment law violations are one clear signal about your employer. When you are experiencing serious problems, consult a qualified employment attorney right away and find out about your rights and options. Even if the law has not been violated, you may need to think about where you want to best expend your efforts. Time is short. Shine well and brightly as employers and as employees, in a mutually respectful and rewarding environment. Anything less should be unacceptable.
http://www.employmentlawman.com/monday-morning-musings.html
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