Questions About Employment Law

Q. Are employees entitled to see their documents?

To be able to avoid running afoul of the Americans with Disabilities Act, companies must maintain medical records separate from other personnel records. This is to steer clear of managers' information about mental or physical problems which have no immediate bearing on the employee's ability.

Q. Can a former employer giving negative job references to prospective employers be sued for libel?

A. Generally, statements made by a former employer to inquiries from a potential employer could be made without the fear of being sued later. But that protection is lost if there are any suggestions, inferences, innuendos, etc., that could direct a potential employer to think something deceptive or untruthful about the employee. The problem is proving that the statements were wrong and inaccurate. Further, many human resources departments give references, like the date he left, the date the employee started, and salary information.

Q. Is a business required to provide health care, life and similar insurance coverages for its employees?

A. Although it is not uncommon to provide these types of "employee benefit" coverage for employees, the legislation generally does not require a business to achieve that. Companies supply these and similar benefits to attract and retain employees and as an extra form of reimbursement. But companies that use unionized workers must provide whatever gains are required by the terms and conditions of their marriage contracts, and it also may be required to provide certain types of employee benefits as a condition of doing business with or for specific governmental entities or agencies. Many states have decided to adopt laws requiring companies that are of a size to give health insurance. Check with your state's insurance or labor department to see whether your state has adopted such a law.

Q. Does the law govern how workers are hired?

Before beginning the hiring process, an employer must put together a set of requirements and criteria for the occupation. An employer can use these requirements to compare applicants to choose who is to be given an offer of employment. The company can match each applicant's skill, expertise and history with the requirements and standards set for the job position. This assists an employer remove discriminatory in reaching a hiring decision from being used, and prohibited practices.