Questions About Employment Law

Q. Information within an employment program is critical. Why?

• Are there any other non-discriminatory ways to secure necessary information?

Q. When do I need agreements with employees, contractors, and service providers (sometimes called SLAs?)

With a contractor or service provider company, you should always have an arrangement. Without a written agreement you will not have those persons you hire's work product. Moreover, you want to make sure that the contractor or service supplier warrants that the work is original and that the services are clearly agreed upon, that the work product is justified and won't infringe the rights of another party.

Q. Can an employer establish different probationary periods for new workers?

A. An employer is free to establish a probationary period for new employees, during which a worker may be terminated with or without any reason. This could make the employer vulnerable to a claim of discrimination while different probationary periods may be established for kinds of employees, or different employees. An employer ought to be prepared to justify any gaps.

Q. Can "flirting" constitute sexual harassment?

The same could be said of flirting. What can be free or flattering to a single individual can be frightening to a different, objectionable, and offensive. One individual may regard mild or flirting horseplay as innocent pleasure, and it may not be viewed as objectionable at the time of the behaviour, but somebody else might see it as aggressive, insulting, and demeaning, or down the street it might be regarded as part of a routine of a hostile atmosphere.

Q. Can a foreigner work for a U.S. employer while here on a B-1 company visitor visa?

A. No. The feature of this category is that the alien cannot engage in gainful employment in the United States. Key here is whether the alien will be paid a salary by a U.S. company or otherwise engages in action here which results in payment to the foreigner of a fee for services rendered here. Gray areas with this issue might become a problem for some company traffic in the B-1 category. It's best to consult directly to make sure that one stays in status that is lawful and does not violate federal immigration laws.