Legal Aid Employment Law

Q. Is there ever a time when an employer or potential employer can distinguish between two workers or applicants based on sex, religion, age, etc.. ?

Note that requiring candidates for a job to fulfill specific qualifications is obviously a suitable practice. The qualifications required needs to be demanded of all applicants; to whom he has not asked the question for instance, a prospective employer can not ask one candidate just how fast s/he types, and hire a candidate. Furthermore, the qualifications must really be necessary for somebody to satisfy the needs of the job, and they cannot discriminate against a particular group of individuals according to race, color, sex, etc.. For instance, a firm hiring construction workers, that must have the ability to lift and carry heavy objects can require applicants to be able to lift and carry objects of the weight, but can't require the candidates to be guys who will lift and carry heavy weight. The demands of construction work would preclude someone confined to a wheelchair, but a position would not. If a job requires work on weekends, a potential employer can not ask a candidate if child care agreements or his/her religion prohibit weekend job, but might ask if there is anything that would prohibit weekend work.

Q. What's the difference between employee and independent contractor?

A. This distinction is significant in reference to income earned by an employee or contractor is handled for taxation purposes, along with if laws governing the relationship between an employee and an employer will employ.

Q. If a worker is injured on the job, what happens?

A. After injury or sickness occurs, it's the employees responsibility to complete a claim form and to submit it to the employer or the state workers' compensation agency/board. An employer will have the claim forms available. The company will submit the claim . The employer is given an opportunity. If he fails to contest the claim, the insurance carrier will makes payment of medical bills and wages. If the employer contests the claim to find out whether , or how much, compensation is owed to the worker A hearing can be scheduled.

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

(3) you are a government worker under the protection of civil service legislation