Other Employment Issues

Employers and employees have many issues to guard and protect against in the workplace.

Sexual Harassment is any unwanted or unwelcome sexual conduct creating a hostile, offensive, or intimidating environment. An employer can be held liable for harassment committed not only by employees but also by a non-employee such as a vendor or customer.

Harassment can happen to anyone and take many forms:

Implications that an employee will lose a job if the employee doesn’t sleep with him or her
Demeaning or sexist comments made about one co-worker to other co-workers
Inappropriate sexual jokes told in the workplace
Inappropriate touching - such as pinching or fondling - in the workplace
Explicit language or jokes sent through email or intranet bulletin boards

Sexual Harassment can be prevented by conducting sexual harassment training to get employees talking about their work environment. Adopt a clear policy in your employee handbook and enforce those policies.

Employment Eligibility is an issue when dealing with immigrant employees. All employees must now show proof of citizenship and/or eligibility to work in the US. The Immigration Reform and Control Act of 1986 made it illegal to knowingly hire undocumented - or illegal - immigrants. The employer's responsibility is to make a reasonable attempt to certify that all employees are working in the U.S. legally.

Workplace Safety means that employers must provide a place reasonably free of hazards for their employees. To monitor and regulate this, the Occupational Safety and Health Administration (OSHA) was created in 1970. It imposes the obligations for employers to inform employees of OSHA health and safety standards as well as provide approved safety measures.

At Will Employment means, in most states, employers and employees may terminate their relationship at any point, and for any legal reason, without liability if there are no defined terms in an employment contract.

Though these are general summaries, the issues are more complex and have wide-ranging consequences. A professional employment attorney can assist you any or all these complex legal matters whether an employer or an employee.