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Questions About Employment Law

Q. If an employee is injured on the job, what happens?

A. After illness or injury occurs, it's the employees responsibility to complete a claim form and then submit it to the employer or the state employees' compensation agency/board. Usually, an employer will have the claim types accessible. The claim will be submitted by the employer . The organization is given an opportunity. If he fails to contest the claim, payment of wages and medical bills will be drawn up from the insurance company. When the employer contests the claim to determine whether , or how much, compensation is owed to the employee A hearing can be scheduled.

Q. Does flirting and bantering between co-workers represent sexual harassment?

The very fact that an employee participates in or tolerates or laughs off moderate sexual innuendoes or lewd remarks (perhaps to fit in with the crowd) does not mean that the worker welcomed the conduct. Employees can complain of sexual harassment even if they did join in when the remarks were not invited by them. However even workers who started the off-color remarks or invited might have cause to complain. It is a question of fact.

Q. I have heard the terms 'at will' employees and 'for cause' employees. What does this jargon mean?

(4) your state's law prohibits at will terminations

Q. Can a foreigner work to get a U.S. employer whilst here on a B-1 company visitor visa?

A. No. The prominent characteristic of this category is that the alien can't engage in gainful employment in the USA. Crucial here is if the alien will be paid a salary from a U.S. company or otherwise participates in action here which results in payment on the foreigner of a commission for services rendered here. Gray areas with this issue may become a problem for some business traffic from the B-1 category. It is ideal to consult directly to ensure that you doesn't violate federal immigration laws and stays in status.

Q. I use written employment contracts with a few but not all of my employees. Any problems with that type of arrangement?

A. Written contracts may or might not be used to memorialize a job relationship. A company might have business reasons to provide written contracts to a, but not all. This is in a company's discretion, given that contractual rights aren't granted to some workers and refused to others for some unlawfully discriminatory reason (e.g., race, gender, national origin, and age).

Q. Does the national law pay "same-sex" harassment?

A. Absolutely. A case decided by the US Supreme Court on March 4, 1998 involved a male employee working on an off-shore oil rig, who claimed he had been the victim of harassment from employees. Same sex sexual harassment is illegal under the Federal law was held by the Supreme Court, and it does not matter if the exact same gender harasser was or wasn't a homosexual.