Certainly, you want to be sure that a candidate can legally work for you, but it's important to be careful how you ask.These questions address citizenship, language and other touchy subjects.To learn more about your rights with respect to off-duty conduct, read below: 1. Is there anything I can write about in my blog that I cannot be fired for? I have a second job on weekends, which never interferes with my work for my full-time employer. I smoke medical marijuana in a state where it's legal, however, my employer fired me for testing positive for marijuana. Generally speaking, if there is no law specifically protecting you from being fired for the activity under consideration, and if you are not a union or governmental employee with special protection against being fired without a reason, then you are employed at will.Can my employer fire me for what I do on my own time, outside of work? My company has announced that it is going to fire anyone who is a smoker, after strictly enforcing an anti-smoking policy at work for several years. I occasionally mention things that happen to me at work, but don't identify who my employer is. My employer's personnel handbook has a "no-moonlighting" policy. My company has a "no fraternization" policy that restricts managers from socializing with non-management employees. Employment-at-will means that both the employer and the employee can end the employment relationship at any time without notice or reason.There is no single law protecting the rights of employees while they are off work.
This page provides answers to many common questions about off-duty conduct, but for issues with off-duty conduct it is always advisable to have a local attorney look at your case. I recently came out as gay and when my employer found out I was fired. It depends on the activity involved, and whether that activity has any legal protection under your state's laws. Jessi brings 20 years experience to her coaching role. organization dedicated to the eradication of workplace bullying that combines help for individuals, research, books, public education, training for professionals-unions-employers, legislative advocacy, and consulting solutions for organizations. Gary & Ruth Namie, Founders Want personal attention? Instead, schedule a low-cost appointment with Jessi Eden Brown, MS, LMHC, LPC, NCC. Ensure that you don't make assumptions, and avoid embarrassing candidates by using the following questions.Once you've reached the interview stage, a candidate's gender is almost always clear.