“Hey, I got an HR question for you.” This is a statement I hear often. In most cases it usually involves a scenario description followed by, “Is that legal?” In my experience, most of the scenarios I hear come from bad workplace conduct, behavior or policy and are not illegal. A recent blog post by Donna Bellman breaks down the top ten employment laws that you think exist that don’t. The post is straightforward and to the point. Follow the link for the entire list, but here are a few from my frequently asked questions:
Wrongful termination
If you live in Arizona or Montana, your employer can only fire you for just cause. Otherwise, they can fire you for any reason or no reason at all. They don’t have to have a good reason. They don’t even have to give a reason.
Hostile environment/harassment
Hostile work environment is not illegal. Harassment is not illegal. Bullying is not illegal. Hostile work environment or harassment due to race, age, sex, religion, national origin, disability, color, taking Family and Medical Leave, whistleblowing, or some other legally-protected status is illegal.
Discrimination
Discriminating against you for being you is never illegal. Favoritism, nepotism, being a jerk, are not illegal. Discrimination based on age, race, sex, religion, national origin, disability, color and genetic information are illegal.
And despite the fact that many aren’t illegal, I am often surprised by how HR has responded to the scenarios I hear which range the gamut from full “blowing off’ to complete overreaction. If you an HR professional you need to know the difference. And if it is just bad workplace behavior take a stand against it even if it isn’t illegal.
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Sheri Mazurek is a training and human resource professional with over 16 years of management experience, and is skilled in all areas of employee management and human resource functions, with a specialty in learning and development. She is available to help you with your Human Resources and Training needs on a contract basis. For more information send an email to smazurek0615@gmail.com or visit www.sherimazurek.com. Follow me on twitter @Sherimaz.
Sheri Mazurek is a training and human resource professional with over 15 years of management experience, and is skilled in all areas of employee management and human resource functions, with a specialty in learning and development.
wrongful firing can be a major headache for a company. HR does have to take a stand though, with employees who go overboard and are becoming a nuisance in the workplace.