Getting these 4 questions wrong could land you in legal hot water... |
True? Or False? These are 4 legal questions you don't want to get wrong...
Ready to play? On your mark … get set …
GO!
- The ADA defines being transgender as a disability.
- It’s OK to ask during a job interview, ‘Are you on illegal drugs today?’
- Non-compete clauses are legal and courts routinely approve them.
- New hires must acknowledge in writing that they’ll abide by company rules.
Dear Harried HR Exec,
It’s bad enough you have a dozen fires to put out every day. You need to be your own lawyer, too?
Sure do. The stakes are that high. Get one little thing wrong and you could be threatened with multimillion-dollar lawsuits … find yourself fired from a job you worked long hard years for … or even, in rare cases, face jail time.
Of course, you can always throw in the towel and hire a lawyer, then grit your teeth as he or she turns on the clock. A good HR lawyer charges, what? $500 an hour? More?
Or …
... Get your own "HR Executive’s Legal Fix-It Kit."
Its real name? Employer’s Practical Legal Guide. But think of it as a fix-it kit for busy HR executives like you who need to solve problems fast … without calling in the lawyers.
Make no mistake, you’ll still need lawyers on speed-dial for when big stuff comes up.
But day to day, Employer’s Practical Legal Guide often works miracles.
So let’s get back to that true-false quiz, OK? I think the answers may surprise you.
Yes! I’m ready to face new challenges with this expert advice.
True-False Question No. 1: Is being transgender a disability under the ADA?
Sure isn’t … and any employee who says otherwise is handing you a line. But that doesn’t mean to start discriminating against those who are transgender. The fast-changing areas of gender and age discrimination get an entire chapter in Employer’s Practical Legal Guide. Discover up-to-the-minute Supreme Court rulings, plus two separate self-audits that tell you whether you may be violating the Equal Pay Act or the ADEA.
True-False Question No. 2: Is it really OK to ask during a job interview, "Are you on illegal drugs today?"
Sure is, believe it or not. It's also OK to ask how many Mondays or Fridays someone missed last year excluding vacation and holidays, and how many days they were absent that weren’t for illness. But it's not OK to ask if they drink a six-pack or more a day, or even whether they take a social drink now and then. See the list of 9 lawyer-tested job interview questions set forth in Chap. 12.15 of Employer’s Practical Legal Guide.
True-False Question No. 3: Non-compete clauses are legal and courts routinely approve them.
No way. Non-competes have been in the news a lot. One might think they’re a great way to tie ex-employees’ hands indefinitely. In real life though, courts are quick to throw out non-competes on the grounds of one-sidedness and/or unreasonability. See Chap. 7.7 of Employer’s Practical Legal Guide.
True-False Question No. 4: New hires must acknowledge in writing that they’ll abide by company rules.
Trick question! You’re not required to get signed acknowledgments of the rules but it’s a really good idea. Employer’s Practical Legal Guide recommends a statement for new hires to sign that accompanies the employee handbook … and even provides model wording.
Employer’s Practical Legal Guide has answers and solutions for every situation …
- ERISA
- Civil Rights Act
- Equal Pay Act
- Age Discrimination in Employment Act
- Fair Labor Standards Act
- COBRA and HIPAA
- Americans with Disabilities Act
- Family and Medical Leave Act
- Pregnancy Discrimination Act
- Worker Adjustment and Retraining Notification Act
- OSHA
- Older Workers Benefit Protection Act
- Immigration Reform and Control Act
- Uniformed Services Employment and Reemployment Rights Act
Plus you’ll discover strategies to —
- Handle exit interviews …
- Trim compensation premiums …
- Contest unemployment insurance claims …
- Set up arbitration programs …
- Fend off union-organizing campaigns (legally!) …
- Know when it’s OK to test for drugs but not alcohol …
- ... and much more!
Just look over the chapter list — comprehensive, in-depth treatment of the hottest topics in HR law …
- 1. Screening/Hiring
- 2. Employee Conduct/Performance
- 3. Employee Handbooks
- 4. Fair Labor Standards Act
- 5. Independent Contractors
- 6. Workers’ Safety/Health
- 7. Terminations/Layoffs
- 8. Alcohol/Drug Testing
- 9. Gender/Age Discrimination
- 10. Civil Rights Act
- 11. Sexual Harassment
- 12. Americans with Disabilities Act
- 13. FMLA Leave, Military Leave
- 14. Your Rights in a Union Situation
- 15. ERISA
Yes! I’m ready to face new challenges with this expert advice.
With Employer’s Practical Legal Guide, you’ll avoid legal pitfalls using the self-audits and checklists that appear throughout — more than 80 of them. These simple questions tell you straightaway whether your actions may be pointing you toward legal trouble.
Same with model policies. Adapt them for your organization with a mere tweak or two. Why in the world would you wish to reinvent the wheel?
Employer’s Practical Legal Guide approaches every HR legal question from the point of view of you, the employer. Most workers are honest and straight, but I don’t need to tell you about the bad actors out there. Our purpose is to protect you … from them. Here’s what I mean …
- Video résumés are all the rage these days. They may be slick and professional, putting the candidate in the best light, but they also reveal things you’re not allowed to ask during interviews. A candidate who wasn’t hired could twist such circumstances into a nasty ADA complaint.
- Social media has found its way into everything. One survey indicates that 70% of HR execs check applicants’ profiles on Facebook, Instagram, etc., at some point in the hiring process. It’s sound practice, but also a potential legal quagmire if not done super-carefully.
- Foreign accents can be another trouble spot. If a passed-over applicant gins up evidence that you may have discriminated based on accent, some judges will award damages based on violations of IRCA.
Finally, here’s the thing I, an editor, find most valuable: After decades of serving HR folks, we’re aware you probably didn’t attend law school. That’s why we work hard — really hard — to make certain every single word of Employer’s Practical Legal Guide is in the language you speak: Plain English.
Try It RISK FREE
You might think Employer’s Practical Legal Guide costs a lot. That depends, doesn’t it? If just one tip from Employer’s Practical Legal Guide … one bit of advice helps you dodge an FMLA complaint, quash an EEO lawsuit, or make a disgruntled jobseeker go away quietly, well … that’s likely worth ten times what you’ll pay.
And really, there’s no risk whatsoever. Your purchase is guaranteed to be everything you hope and expect. Here’s how this promise works:
- Order Employer’s Practical Legal Guide Examine it cover to cover. Zero in on a problem you face right now.
- Put the advice into practice. Evaluate the results. You must be satisfied 100% or …
- Return it for a FULL REFUND.
That’s right, a FULL REFUND — every cent you paid, returned promptly, no questions asked.
It’s an extraordinary warranty, I know, but we make it in full confidence. Hardly anyone ever returns Employer’s Practical Legal Guide.
I’m pretty sure you won’t either. Order your copy NOW.
Sincerely,
Pat DiDomenico
Editorial Director, The HR Specialist
P.S. The power of the law can be fearsome when used against you. Employer’s Practical Legal Guide turns things into a fair fight … at a fair price. Plus there’s no risk under our ironclad, fail-safe, FULL- REFUND guarantee. Why wait? Order today.
P.P.S. And about unnecessary legal fees? It may interest you to discover that HR lawyers …— lots of them …— keep Employer’s Practical Legal Guide on their desktops within easy reach. Cut out the middleman. Order your own copies … NOW.
Yes! I’m ready to face new challenges with this expert advice.