Over the course of our working lives, we hear a lot of things about what our employers legally can and can't do. But not all of these "facts" may be true. Here are 10 myths about your employee rights:
1. An interviewer can't ask you about your religion, national origin, marital status, etc. In most states, actually asking these questions isn't illegal. But it is illegal to base a hiring decision on your answers to them, which is why smart interviewers stay away from them. It is illegal, however, to ask about disabilities.
2. It's illegal for employers to provide a detailed job reference with any information beyond your job title and dates of employment. Your boss or a human resources employee can provide detailed information, including negative points, as long as it's factually accurate.
3. You can sue your bullying boss under "hostile workplace" laws. He may be a bad manager, but he's not breaking the law unless he's bullying you about your race, gender, religion or other protected class.
4. All employers must provide paid time off. No state or federal law requires paid vacation time. A select few jurisdictions mandate paid sick leave, but most people don't live in these places.
5. Your employer can't reassign you to different duties or a whole new job. She can, unless you have a signed contract specifically saying otherwise.
6. You can't be required to attend work-related events outside of your regular hours. You can be required to attend meetings, training sessions and even parties outside your regular work hours. But if you're a non-exempt employee, then you must be paid for that time.
7. Employers must provide you with breaks during the workday. There are no federal laws that say you're legally entitled to receive lunch breaks or any others. Some states require breaks, but most don't.
8. You can sue your boss if he makes an offensive or discriminatory remark to you. One remark isn't enough to sue for discrimination. A lawsuit requires offensive conduct so severe that it changes the terms of your employment.
9. Your employer must warn you before you're fired. No laws require employers to give warning before firing someone. Your boss could compliment your performance repeatedly up until the minute she gives you your walking papers.
10. Your boss must have a justifiable reason for firing you. You can be fired for any reason or no reason, as long as you're not being fired because you're in a legally protected class such as race, gender, religion or nationality. The only exceptions are if you have a contract, which most workers do not, or your company has an employee manual stating that it always uses specific disciplinary measures before firing someone.
Source: U.S. News & World Report, "10 Shattered Myths About Workplace Rights," Alison Green, Feb. 6, 2012





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