1–10: Employment Fundamentals
What is service law?
Answer: Service law refers to the rights, duties, and obligations of employers and employees in the workplace.
What is the difference between an employee and an independent contractor?
Answer: Employees are controlled by the employer with benefits; contractors work independently and manage their taxes and benefits.
What is at-will employment?
Answer: At-will employment allows termination by either party at any time, except for illegal reasons such as discrimination.
Read Also:
- https://insightfullawhelp.com/20-service-law-questions-employees-should-ask-2/
- https://insightfullawhelp.com/25-common-service-law-disputes-and-their-resolutions/
- https://insightfullawhelp.com/30-key-questions-about-employment-rights-answered/
Do employees need written contracts?
Answer: Not always, but written contracts provide clarity on terms, conditions, and rights.
What documents must employers provide to new employees?
Answer: Offer letters, contracts (if applicable), job descriptions, company policies, and benefits information.
Can employers change job roles without consent?
Answer: Employers can make reasonable changes within the contract’s scope, but significant changes may require agreement.
Are probationary periods mandatory?
Answer: No, but they allow employers to evaluate performance before confirming permanent roles.
What is a non-compete agreement?
Answer: A contract that prohibits employees from working for competitors within a certain time and area after leaving a job.
Can employers hire foreign workers?
Answer: Yes, but they must comply with immigration laws, including work permits and visa requirements.
What is constructive dismissal?
Answer: When an employer creates intolerable conditions, forcing an employee to resign.
11–20: Workplace Rights
What are workplace discrimination laws?
Laws that protect employees from unfair treatment based on race, gender, religion, disability, or other protected characteristics.
What is harassment in the workplace?
Answer: Unwelcome behavior that creates a hostile work environment, including sexual harassment or bullying.
Can employees refuse unsafe work?
Answer: Yes, under occupational health and safety laws, employees can refuse tasks that pose serious risks.
Do employees have the right to unionize?
Answer: Yes, employees can form or join unions to negotiate collectively, subject to local labor laws.
What is an employee’s right to privacy?
Answer: Employees have limited privacy on company devices, but personal information must be handled lawfully.
What are employee whistleblower protections?
Answer: Laws protect employees who report legal violations or unethical practices from retaliation.
What is workplace retaliation?
Answer: Adverse actions taken against employees for engaging in protected activities, like filing complaints.
Are employees allowed breaks during working hours?
Answer: Break entitlements differ from state to state but are typically required after a certain number of working hours.
What does an HR department do in case of employee conflicts?
Answer: HR acts as a mediator, investigates complaints, and enforces labor laws.
Can employers check employees’ email or internet activity?
Answer: Employers can access company computers but must adhere to privacy regulations and post policies.
21–30: Pay and Benefits
What is the minimum wage?
Answer: The lowest hourly pay allowed by law, varying by jurisdiction.
How is overtime calculated?
Answer: Typically, employees receive 1.5x their regular pay for hours worked beyond 40 in a week, unless exempt.
Are employers required to provide health insurance?
Answer: It depends on jurisdiction and company size. For instance, in the U.S., ACA mandates coverage for companies with 50+ employees.
What is paid sick leave?
Answer: Time off allowed for illness, which may be legally mandated or offered as a benefit.
What are paid time off (PTO) policies?
Answer: PTO rolls together vacation, sick days, and personal days, with details defined by employer policy.
What are the rules for withholding pay?
Answer: Employers can withhold pay only for legal purposes, such as taxes, court-ordered garnishments, or authorized deductions.
What is severance pay?
Answer: Pay on termination, typically prescribed by the contract or company policy.
What happens to accumulated vacation pay upon termination?
Answer: In most jurisdictions, unused vacation pay must be paid out unless there is specific contrary policy language.
Are bonuses owing?
Answer: Unconditional bonuses are always paid out, while discretionary bonuses owe on termination only if the company so agrees in its policy.
What is the rule on expense reimbursement for work?
Answer: Reasonable expenses incurred in connection with your work must be reimbursed.
31–40: Termination and Post-Employment
What is wrongful dismissal?
Answer: Termination violating laws or contracts, such as firing for discrimination or retaliation.
Do employees need notice before termination?
Answer: Notice requirements depend on contracts or local labor laws. At-will employees may not require notice.
Can employers terminate without cause?
Answer: Yes, in at-will employment states, but not for discriminatory or retaliatory reasons.
What is a layoff, and how does it differ from firing?
Answer: Layoffs are workforce reductions due to business needs, while firing is termination for performance or misconduct.
What happens to benefits after termination?
Answer: Employees may retain benefits temporarily, such as COBRA for health insurance in the U.S.
Can employers enforce non-compete clauses?
Answer: Enforceability depends on reasonableness in scope, geography, and duration.
What is garden leave?
Answer: A period where employees are paid to stay away from work during their notice period.
What if the termination breaches a contract?
The employee can claim damages and seek a breach of contract.
Are employees entitled to an experience letter?
Depends on company policy; however, in some jurisdictions, it is a statutory right.
Can a former employee bring an action in defamation following the termination?
If there is actual or probable harm to reputation because the statement was false, they can sue.