Wednesday, August 22, 2018

Legal Aid Employment Law

Q. Information on an employment application is critical. Why?

The EEOC has suggested that an employer consider the following three questions in deciding whether to include a Specific query on an employment application or a job interview:

Q. Can "flirting" constitute sexual harassment?

The fact that an employee participates in or tolerates or laughs off mild sexual innuendoes or lewd remarks (perhaps to match with the crowd) does not signify that the employee welcomed the behaviour. Workers can complain of sexual harassment if the opinions were not invited by them, even when they did join in. However even workers who started the opinions or encouraged might have cause to complain. It's a question of truth.

Q. Exactly what does "vesting" mean?

A. The term "vesting" refers to whether or not the cash that has been set aside for you in a retirement program is yours to keep if your job is terminated. The plan summary should explain about the plan's vesting schedule. In general, money you contribute to the program (as an instance, via a 401(k) program) is vested immediately. If you leave employment you'll be able to receive your money back, or "roster" it into an IRA or, possibly into your new company's 401(k) program. Money given by your employer will become "vested" once you have worked for your employer for a specified period of time. Some plans provide for no vesting until after a set period of time (normally 5 years -- called "shelf vesting"), after which you will be 100% vested. Other plans provide for partial vesting to a graduated basis (as an example, 20% vested after 2 decades, 40% vested after 3 years, etc.).

Q. Is it mandatory to notify government employees ahead of firing them?

• there is a specific state law governing notice of conclusion.

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