Interview questions are usually meant to establish how suitable the person being interviewed is for the available position. These questions also seek to establish whether the applicant has the mentality that will suit the job. However, some questions asked during an interview can be very personal. But in California there is a limit to the breadth of topics and questions that can be discussed during an interview, as some can considered illegal. These illegal interview questions generally violate the rights of the interviewee and usually seek to discriminate people based on different aspects of their life. This can therefore take the interview in a different direction and may not end up properly checking whether the applicant is a suitable applicant.

What interview topics/questions are considered illegal?

In California, there are guidelines for how to conduct a proper interview followed by a set of questions which can be deemed illegal by the law. Questions about the following areas of a potential candidate’s life that are illegal to inquire about include:

1. The sexual orientation of the person being interviewed.
2. Questions that seek to establish the religious beliefs of the applicant.
3. Questions regarding the applicant’s race or country of origin.
4. Asking the age of the applicant.

What do I do when an illegal topic arises?

It is always important to have done proper research before going for an interview to determine the illegal interview topics and questions that may arise. When one is aware of the illegal topics and questions it becomes easier to notice them while being interviewed. It is also the obligation of the employers to know the questions that they cannot ask the people they interview.

If during an interview an illegal topic or question is asked, it is important for the applicant recognize this and to notify the interviewer. According to California law, the interviewee is advised to refuse to answer the question, and report that the topic is illegal to cover. One should do it in a firm but polite manner without showing anger. The interviewee can also proceed to answer the question and then notify the interviewer that it is illegal if they wish to do so. This allows the interview to precede despite the inclusion of the illegal questions.

The California laws also give applicants the opportunity to file claims through contacting the local Equal Employment Opportunity Office. This particular office will look at the claim and take the necessary action against the interviewer to protect the person seeking employment. Therefore, when interviewing in California, it is always paramount to know the illegal interview topics or questions that can violate the civil rights of the person applying for a job.

Photo Credit: Shutterstock/ Dragon Images

The post Dealing with Illegal Interview Questions appeared first on UELG.

What is the I-9 form?

This is a form that was introduced in 1989 in US and used by employers to verify the identity and eligibility of anyone they hire to work in the US whether citizens or non-citizens. The employees are required to present the original documents with the exception of a certified copy of the birth certificate. Any employee who fails to produce this document or a receipt for a replacement document within three days can be terminated. If one shows the receipt, he/she is given 90 days period to present the original document.

Why Does Employer Need I-9 Form?

There are some reasons as to why the employer needs this form. Below are some of the reasons:

1.It Verifies Your Eligibility To Work In US

Without this form, you will not be eligible to work in the United States. You are required to apply for this form whether you are the citizen or not. When you are issued with the form or the waiting documents, it means that you are eligible to work. Therefore, this form is a proof that you have the required skills and eligible to work.

2.It Verifies The Real Identity Of An Employee

The employers must know the real identity of the employees for transparency and security reasons. The i-9 Form can be used to reveal the real identity of a person since he/she is properly investigated and screened before issued with the document.

3.It Provides Personal Information When Needed For Verification

There are some instances where the personal details of employees are required within the shortest time possible. In such a case, the employers can use this document to get all the necessary information about the employee in this form. When applying for the form, all your personal details and the private information are required. This way, the employers will be able to get any information about the employee without necessarily involving him/her.

4.It Is A Legal Requirement

It is the requirement by the law in California US that all the employers must file or store electronically the i-9 Form of all the employees. It is also the joy of all the employers to abide by the law and meet the entire legal requirement. By doing so, they are obeying the law.

Those are some of the reasons as to why most of the employers in US have such forms for all the employees. It makes their work easier in terms of security and proper management of employees. Therefore, it is part of paperwork when newly employed in US.

Photo Credit: Shutterstock/Africa-Studio

The post Why Do Employers Need the I-9 Form? appeared first on UELG.

An employee contract is a written document you and your employee both sign that defines the terms of your business relationship. There are some situations in which your company will benefit by having signed contracts with your employees.

Advantages of using employment contracts.

1. An employment contract allows you to list details and requirements that are specific to your business.

For example, if you are in a business in which your list of clients is highly sensitive or if you have a trade secret such a special recipe, an employee contract can protect your business interests. A non-compete clause in an employee contract will limit that person’s ability to compete with you within a defined period and/or within a defined geographic area.

2.Both parties will have a written document to refer to in the event of a disagreement or dispute.

Once you have found the right person for the job, you want to keep him or her if you can. Finding and training new staff is time-consuming and expensive. By requiring a signed employment contract that specifies a term of employment, you don’t have to worry that the employee will be with you until something better comes along. You can be assured he or she has a commitment to your company.

3. An employment contract can help you have some control over how your employees work out in the position.

By laying out the employee standards in a contract, you have grounds for disciplinary measures or even dismissal, if necessary.

4. An employment contract promote the professionalism, clarity and sense of organization.

A contract gives your employees a sense of security and even stability. They do not have to worry about what they are getting into with this position. It is all clearly laid out.

Disadvantages of using employment contracts.

1. The main disadvantage of an employment contract is that it is a contract.

By its very nature, a contract connotes lack of flexibility and therefore limits the amount of negotiation either party can do.

To set a salary in writing or a proposed schedule for salary review can be problematic for employers. A previously written time-frame does not allow for economic downturns, for instance.

2. Employment contracts is that most of them use the legal terminology requiring you to act according to the “covenant of good faith and fair dealing.”
3. Major change in company’s needs.

What if your company seems to be going in a different direction than you planned and you discover that you have no need of the project for which you hired someone? According to the contract, you cannot fire that employee. Instead you will need to renegotiate the contract or come to a settlement with the employee.

Employment contracts have both benefits and limitations. Think carefully about the specific needs of your company and weigh the advantages with the disadvantages. If your business has some special or unique circumstances, it is a good idea to talk with an attorney before drafting an employee contract.

Photo Credit: Shutterstock/Africa Studio

The post Employment Contracts: Pros and Cons appeared first on UELG.

What is an Employment Contract?

An employment contract can be defined as a document that dictates the professional relationship of an employer and employee which both an employer and employee sign. Basically, this kind of contract carries both merits and demerits. Therefore, if you are an employer, it is ideal that you’ re aware of the various factors to put into consideration when thinking about an employee contract.

What is included in Employment Contracts?

First and foremost, for an employment contract to be considered good, it must clearly spell out how the employer expects the employee to carry out his/ her tasks. The contract should also spell what the employee to expect from the employer. The following are some of the other terms that an employer can include in an employment contract;

*Terms relating to various responsibilities of a worker

*Sick day and vacation policies

*Benefits like disability, life or health insurance

*Assignment clauses which state any patent procured by employee

*Non- disclosure agreements that relate to the employer’s trade secrets

Pros of Making Use of Employee Contracts

#1: Provide an Employer the Ability of Hanging onto His/ Her Best Employees:-

This is often possible when an employer decides to add terms and conditions into the employment contract which limit the reasons that employees can use to leave his or her firm. For instance, if an employer has spent a considerable cash amount training an employee, he or she can lock the employee into a length of employment under the employee contract.

#2: Putting Confidentiality Clauses: –

When employees are learning, or working with the employer’s trade secrets, an employer is allowed to put confidentiality clauses into his or her employment contract. This can prevent employees from trying to disclose the employer’s trade secrets in the future.

#3: An Employer can Use the Contract to Hire the Best Employees: –

It is so obvious that an employer will most probably offer the best workers many different employment contracts. If this is the case, the employer can end up offering the workers the best deal thus making them end up cooperating with him or her.

Cons of Employers Using Employment Contracts

#1: The Contract Limits Employee’s Flexibility: –

Employment agreements limits employee’s agreement since the employees are normally made to adhere to the different terms and conditions imposed by the employer.

Photo Credit: Shutterstock/Africa Studio

The post Elements of Employment Contracts appeared first on UELG.

Employment laws are always very complicated and thanks to this complication, many time people understand the rules or laws in a wrongful way. As a result of that misunderstanding people also come up with various myths related to employment law. In this article here you can find some common California employment law myths along with facts so you can correct your assumptions if you also believe in those myths.

Workplace bullying is illegal harassment

Bullying at the workplace is never an acceptable situation in any condition, but according to California Law, this is not a form of illegal harassment. In most of the cases, the harassment word is directly related to hostile work environment and sexual harassment situation.

But if an employee gets the bullying or unequal treatment because of age, religion, race, sex, physical condition, ethnicity or similar factors. Hence, if an employer or any other employee harass anyone on the basis of any discrimination, then that would be illegal for sure.

Employer needs a reason to fire an employee

California is a state that follows “at Will” rule. That means if an employer wants to fire an employee without having any reason, then he can do that without any issue. However, this rule is not applicable if for government workers. Also, if there is any specific contract between employer and employee for a time frame, then the employer need to abide that contract time period before firing an employee.

But it can be illegal to fire an efficient employee on the basis of any racial discrimination. Also, if an employee is a whistle-blower in any case, then the employer cannot fire that employee in a legal manner.

Employees are entitled to get paid maternity leaves

This is another myth that employees get paid maternity leaves in California. Parents are allowed to have 12 weeks of unpaid leave after the pregnancy, and if there are any complications, then mother can get extra four months of medical leave for recovery. But in any situation leaves will remain unpaid. In fact, any employee in California is not entitled to paid sick leaves or paid vacation and if an employer gives these benefits, then it’s their offering, not legal necessity.

You need a written contact for employee rights

In Californian, many people work in the private sector, and they do it without any contract, but this does not mean they do not have any right. Labor laws in California make sure if an employee is working for any organization, then that employee should get the deserving work environment regardless his or her contract availability.

Photo Credit: Shutterstock/ GaudiLab

The post Common California Employment Law Myths appeared first on UELG.

When you are looking for a job, there are many papers that you will be required to fill and sign. It is however important to know what hiring paperwork is necessary and within the legal requirements. You should never sign anything without the help of a qualified lawyer lest you tie your own hands by getting into contracts with an employer that you cannot live up to or infringe on your rights. When you get hired be careful and go through each paper that is presented to you before you put your signature on it. Here is a look at the most common hiring paperwork documents you are likely to come across and what they are for.

W-4

This is a legal form that everyone in the US must fill. It informs the IRS of your tax filing status and how much of your salary will be withheld as income tax. This form will not just need to be filled on your first day at work but also subsequently on an annual basis. It should also be updated when your financial or personal status change.

I-9

Every employee that is placed on payroll by an employer must complete an I-9 form as is required by law. This is an Employment Eligibility Verification Form which declares that the employee is authorized to work in the United States. For this, identification and work status information needs to be provided.

Labor code §2810.5 Notice

This is a specific requirement for those who will be working in California. This form will contain the information that is required by the aforementioned labor code.

Other states will have different legal requirements depending on the state laws. Be sure to confirm what these are and fill all the hiring paperwork that you are required to.

In-house documents

The employer will most probably require you to fill several other forms with details they deem necessary. There are many documents which will differ from one employer to the other. Commonly these will include:

• Contact forms which will entail your physical address and other contact details for easy communication in case of any occurrences at the workplace.
• Job description entailing details of the job which the employer will use to monitor your performance.
• Employee handbook which outlines what the expected conduct of everyone at the workplace is. You will often be required to sign an acknowledgement to abide by this so be sure to fully understand every clause before signing.
• Employer property receiving and handling documentation. When you are handed keys, identification cards and other company property you will be required to sign that you have received and acknowledge to abide by the set regulations.

Third-party documents

The most common are documents by insurance providers who cover the employees medical and other policies. Some companies also outsource functions like payroll handling and others. Documents showing you agreeing to this need to be signed.

Photo Credit: Shutterstock/g-stockstudio

The post Hiring Paperwork You Will Encounter appeared first on UELG.

At work discrimination is more common than you may suspect, and you have to know how to deal with discrimination when, not on the off chance that, it turns into an issue in your place of work. This is a great deal less demanding if you as of now have a job, however, imagine a scenario where you have a feeling that you are being segregated amid the hiring process. It’s difficult to demonstrate that you’ve been victimized amid the interview process, but, there are some other things you can do to address the circumstance.

An ideal approach to demonstrate discrimination is by use of a document or any other kind of documental proof. Proof of a line of addressing or remarks made amid the interview can demonstrate that you were victimized for a particular reason. Documented confirmation is ideal however it can be difficult to get having that most interviews are conducted orally.

The main thing you ought to do is address the interviewer that oppressed you. If this does not work, converse with somebody who is a position over the individual who conducted interview to you. You may even need to take your objection the distance to the top. Request an examination concerning your circumstance. Most institutions have processes set up that framework precisely how to deal with discrimination amid the hiring process.

Because companies have strategies against discrimination doesn’t imply that they uphold them. In a few occasions, discrimination is solidly settled in the organization. If so, you need to contact a lawyer. There are various lawyers that operate on discrimination law. They will have the capacity to let you know what your choices are and point you in the heading that you ought to go.

Make certain to get your work done. Converse with different applicants as well as employees to check whether they have been dealt with likewise. On the off chance that you can accumulate various witnesses, you will increase your chances of winning the case in an official courtroom. Once more, a lawyer can assist you with this.

There are various reasons why individuals are victimized, and you have to know how to deal with discrimination when it emerges. Discrimination may be against race, gender, religion, age and sexual introduction are among the most well-known. Keep in mind; discrimination can also come in numerous structures, for example, declining to hire, unlawful end, advancement shirking and so on. Discrimination can be difficult to demonstrate, however demonstrating these cases is crucial with regards to maintaining worker rights.

Photo Credit: Shutterstock/Africa Studio

The post Handling Discrimination Tactfully During the Interview and Hiring Process appeared first on UELG.

There are several declarations included in an employment contract. Before you start working in any firm, it is necessary for you to sign an employment contract. The contract will indicate all duties you will be required to accomplish as well as the amount of money you will earn as privileges under different conditions. It is upon you to check the contract and ensure every detail which the potential employer is promising has been well captured.

What you will find included in an employee contract

Identification

The contract identifies different parties included in the employment. You will access address; official website among other identifies which you can associate with the employer.

Effective Date of the agreement

The contract should state the date when you will start operating in a given job. It is necessary for you to know when you will start receiving the rewards associated with the contract.

Type of employment

There are different types of employment available. You can be a salaried employee who get paid on an hourly basis or a full time professional employee. You should check and ensure the contract states your job clearly.

Duties of the employee

The employee should have specific duties. For example, if an employee is required to carry out maintenance services, he should have professional licenses to carry out the maintenance services and certificates to prove ethical actions.

Extent of Services

The section covers the hours the employee is supposed to be at work place. It includes days of work and number of hours.

Benefits provided to the employee

The benefits of different employees vary. You should check with the organization to know the specific type of benefits you enjoy under a given job group.

Termination

The contract indicates clearly circumstances under which different parties can decide to terminate the contract. The part also states the type of notices required.

Notices 

There are times when notices regarding different parties can be sent. The agreement should state the channels which can be used to send notices.

Severability

The part states that if one of the parts of the contract is invalid, the rest can be valid.

Dispute process

It describes ways which can be followed to solve a dispute in a given dispute. The mandatory arbitration process should be clearly identified.

Applicable law 

It states the state in which the contract can be adjudicated in court. This is necessary to avoid confusion because different states have different labor laws.

Photo Credit: Shutterstock/Bacho

The post What is Usually Included in an Employment Contract? appeared first on UELG.

Sometimes, new employees will come across on their job application, employee handbook or employment contract that they will be hired “at will”. For a lot of individuals, this term, at-will employment, is a complete mystery. However, the same individuals are often dismayed when they find out its actual meaning: that their employer has the power to let them go at any time and for any reason they deem fit. In this regard, the reasons why any employer can fire their at-will employees is quite versatile and diverse, naturally to the benefit of the same job provider. If or when the same employment ends, the employees will have a very limited legal potential to do anything about it. But, at the same time, there is a lot more to the same form of employment that is relevant to the employee, especially in the state of California. Here are the most important basic facts about at will employment in California.

At-Will Employment

The law, speaking from the most general standpoint across the US, presumes that anyone is an employee at will. The same does not stand only if the employee can prove that he or she was not hired on an at-will basis. This has to be proven through the use of a written document that was signed by both parties or through an oral statement that was made in the presence of a witness or a third party.

Documents used in the Process – At-Will Employment

Employers usually take a substantial effort to signal that their employees are hired on an at-will basis. This can come in the form of policies, handbook, applications, job evaluations and any other documents related to their employment. If any formal document was signed, the employee has no chance using the law to prove they were wronged in some manner by the employer. That is why anyone must check their document to be sure if they signed that they agree to be fired at any time and without a case. At the same time, a document signed which include a job security promise do not represent an employment at will. If these are breached by the employer, the employee has a right to sue.

Rights of Employee and At-Will Employment Agreements

Often, employers provide their new employees with a written statement that shows they are at-will employees. But, even those who are at-will employees have a set of legal rights. At will employment in California covers protection that a person cannot be fired for reasons that are illegal, either under the state law or the federal one. The same is true for being fired for complaining about a particular illegal activity, about harassment or discrimination, or safety and health violation in the same work environment. The same is true for the protection when it comes to taking medical or family leave, serve in the US military or taking the time to serve on a jury or vote. These are not reasons for getting fired at an at-will job.

With this crucial information on at will employment in California, anyone working under this type of an agreement can make sure their rights are fully protected.

Photo Credit: Shutterstock/Elnur

The post The Basics of the Law Behind At-Will Employment in California appeared first on UELG.

What is at will employment?

Basically, at will employment refers to a form of hiring in which the employer is free to terminate the employee on their own basis without proper grounds of termination. In this regard, the person hired is referred to as at will employee while the person or rather the party hiring is referred to as at will employer. In most cases, most states particularly in the United States presume every employee as an at will employee until when probation period ends and a legal or formal employment contract is entered. Before accepting to become an at will employee, it always prudent to know beforehand some of the major challenges and issues oscillating around at will employment. The following is a brief overview of the limitations, types of agreements and rights relating to at will employment:

Types of contracts/agreements regarding at will employment.

There are two types of agreements or contracts that are predominant in at will employment. One is the Express contract/agreements which stipulate that all employers should always have good cause before terminating their employees from work. Two is the Implied-In-Facts contracts or agreements which assume that a contract or an agreement may have been reached between the employer and the employee based on the conduct of the two parties.

Major limitations of at will employment.

There are also certain spelt out limitations that have been embraced by different states regarding at will employment. Some of these limitations may vary from one state to another. They include but not limited to the following:

-Public policy limitations

-Statutes/limitations protecting union activity

-Political activities limitations

-Statutory limitations among other limitations.

All these limitations are faceted towards protecting at will employees from being terminated from work on unfair grounds.

Important rights regarding at will employment.

Even though employers may fire employees on grounds that they are at will employees, it is prudent to note that there are certain rights that can prevent them from doing so. In this case, employers are limited from terminating employees without tangible reasons and evidences. According to the legal provisions stipulated by different states in the United States, all at will employees have a right not to be terminated or fired by their employers based on their age, race, sex, national origin, sexual orientation, disability, marital status, religion, pregnancy, refusing to break the law, taking leave under the Family and Medical leave act or in retaliation for filling a discrimination claim. When the employer infringes on these rights, the employee are free to file a case via an experienced attorney.

Photo Credit: Shutterstock/88studio

The post Overview of At Will Employment appeared first on UELG.