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Most of what you read and hear refers to an employee's rights
in the workplace but an employer has legal rights as well. In
general, an employer has the right to expect an employee to perform
the duties and tasks required of the job in return for payment.
But with the frequency of employee lawsuits, it is important
that employers know what their legal rights are.
Employers Rights Legal Hiring Practices
First, you as an employer have the legal right to not hire someone
unqualified for the position. You must make sure a person does
not have the right combination of qualifications for the job.
Further you must prove the person you do hire was the best-suited
for the job. You do not have the right to refuse an employee
a job based on race, gender, and religion. You also cannot refuse
to hire a person because of a disability if they meet the qualifications
and their disability will not prevent them from performing the
job.
Second, you have the legal right to not hire someone with a
current drug problem. This is why many employers require a preemployment
drug screening test. However, you may not refuse to hire someone
solely based on a prior drug problem which they have overcome.
If their addiction is not longer a problem, this is not a valid
reason to not hire this qualified individual.
Your Rights When Firing An Employee
You have the right to fire someone whose work performance is
unsatisfactory. But like other reasons for termination such as
insubordination and poor work habits, you must give the employee
feedback, training and chances to improve.
For some terminations, you have the legal right to fire immediately.
Let me explain. If the employee performs illegal acts, is violent
or jeopardizes the safety of other employees, you have the right
to fire them right away. Make sure you clearly explain any behavior
that is grounds for immediate termination in the employee handbook.
Also once you fire an employee, you have the legal right to
refuse to give a positive reference. Your safest policy is to
only confirm the employee worked for the company and the dates
of employment. Make no further comment. An employer's lack of
words should be enough.
There have been instances where employees are hired under false
Social Security numbers. The Social Security Administration may
discover this. When they do, they will send a mismatch letter
back to you. You can fire the employee for this.
And when you fire an employee, you have the legal right to not
let that employee return to his or her work area to recover personal
belongings. In this case, you must box up the articles and either
put them in a safe place where the employee can later pick them
up or mail them to that person. This ensures the safety for not
only the employer and but also the remaining employees remaining
in the work area. A terminated employee has the potential for
doing all sorts of malicious acts.
If you ever have any doubts about your legal rights as an employer,
the Employee Termination Guidebook is a valuable reference to
have to answer your questions.
The
right way to fire an employee. Fair and legal.
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