Asking the right questions in an employment interview is similar to asking questions on voir dire. In voir dire you want information, but you must question potential jurors in a calming and non-embarrassing way. In a job interview you need to get information relevant to the job, but the questions have to be framed so that there is no discrimination or appearance of discrimination. This is even more important in th … [Read more...] about You Can't Always Get What You Want, But if You Ask the Right Questions, You Get What You Need
Employment
The First Amendment and At-Will Employment
The election of 2008 is over and what an enthralling and exciting year this was for our nation. Many worked for, or volunteered for, their candidate of choice. Some, like me, may have yearned to contribute and work for the success of their favorite candidate, but could not because of their employment. I didn’t contribute one dime, go to any campaign events, or display any signs (except for one poster on my ref … [Read more...] about The First Amendment and At-Will Employment
Workplace Bullies Beware
A recent Indiana Supreme Court case, Raess v. Doescher, 883 N.E. 2d 790 (Ind. 2008), has really grabbed the interest of employment lawyers across the nation. In a national phone-in seminar last month on “New Trends in Employment Law,” a panel of legal experts spent considerable time discussing the case. Enter “workplace bully” in any search engine and many sites will appear discussing the Raess case. With the nationa … [Read more...] about Workplace Bullies Beware
A Primer on the Family & Medical Leave Act (FMLA)
It is hard to believe because it is so ingrained in the workplace vocabulary, but 2008 is the fifteenth anniversary of the enactment of the Family & Medical Leave Act (FMLA). FMLA questions dominate inquiries from the courts about employment law. There are some basic questions about FMLA. Does FMLA apply to every employer? No. It only applies to employers with fifty or more employees within 75 miles of the wo … [Read more...] about A Primer on the Family & Medical Leave Act (FMLA)
Employees: Exempt or Non-Exempt
The difference between exempt and non-exempt employees was briefly mentioned in the last issue's article on the Fair Labor Standards Act. The FLSA, 29 U.S.C. § 201 et seq., requires that most employees be paid for every hour worked. Further, if an employee has worked more than forty hours in one week, normally the employee must be paid at the rate of one and a half times the usual rate for that time over forty ho … [Read more...] about Employees: Exempt or Non-Exempt