Myth Buster: Workplace Rights

Posted by Maschino, Hudelson & Associates on 04/06/2012

Can you schedule employee meetings outside normal business hours? Must you give multiple warnings to a bad employee before termination?

Even among employers, confusion abounds regarding employee workplace rights. Here are five busted myths to help you sort what is fact and what is fiction.

 

MYTH: You cannot ask about religion, national origin, marital status, number of children, etc. in an interview.

FACT: There are no federal laws that prohibit interviewers from asking these questions. And while most states don’t specifically ban these topics in an interview, it is illegal to base any hiring decision on these questions. NOTE: it is illegal to ask about any sort of disability.


MYTH: You are legally required to provide PTO.

FACT: There is no state or federal law requiring employers to provide paid time off (PTO) for their employees, though a small number of areas require paid sick leave. While it isn’t required, PTO is a great way to stay competitive and attract top talent to your company.

 

MYTH: You cannot reassign an employee to different duties or an entirely new job.

FACT: Unless an employee has a contract that states otherwise, you may reconfigure that employee’s job as you see fit to better benefit the company.

 

MYTH: You cannot schedule required events or meetings outside of an employee’s normal working hours.

FACT: You can schedule mandatory events or meetings at any time of the day, regardless of an employee’s customary schedule. However, all non-exempt employees must be compensated for any time spent participating in work-related activities.

 

MYTH: You must give an employee numerous documented warnings prior to termination.

FACT: As long as you are not firing an employee for membership in a legally protected class (race, religion, nationality, etc.), you may fire an employee at any moment, for any reason.