April 2004
WIN AT WORK MONTHLY
A Community Service of
SESSIONS & KIMBALL LLP, Employee Rights Attorneys
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Win at Work |
Employee Rights Update |
ILLEGAL QUESTIONS OF NAME, RESIDENCE, RELIGION, OR RACE |
NEW EMPLOYEE FILE RIGHTS |
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Miranda rights for job applicants? Not exactly, but you don’t have to answer all questions asked during an interview. While employers can ask your nickname or assumed name to check on your work records, they can’t ask for your maiden or original name, or require you to submit your birth certificate. They can ask about your place or length of residence, but not your birthplace or that of your spouse or parents. The employer can’t ask about your own religious affiliation, which religious holidays you observe, or whether your religious beliefs prevent you from working on certain days. Employers can’t ask about your race, or include the color of your skin, eyes, hair, or other physical characteristics on your employment application. If you’re afraid that claiming your right to remain silent may cost you the job, remember, the law protects your rights and subjects employers who violate them to high liability. In this case, silence could be golden. |
Your right to full payment for your work is protected by law. Employers can’t make deductions from your ongoing or final paycheck unless specifically authorized to do so by law. Also, they face severe penalties for failing to give you a pay stub explaining all the deductions in detail. Of course, obligations to the government, including taxes, child support, alimony or a wage garnishment, must be deducted. In some circumstances an employer can withhold money to repay its loans to you or its cost of meals, housing or transportation it provided you, especially if you approved it in advance and it was for your benefit. But an employer can’t withhold business expenses that are its responsibility, such as uniforms, cleaning charges, business transportation, housing while traveling for the employer, tools, the cost of damaged equipment, or even losses from theft. Employers may control the purse, but you have legal access to its strings through laws enacted for your protection. |
Update on our attorneys: Heidi Hutchinson (J.D. U.S.C. 1980) joined our firm with a wealth of experience in litigation and employment law. Peter Taylor and Steve Kimball resolved cases in the six-figure range, with Mr. Kimball’s on the eve of trial. Pat Turner completed the course on wrongful termination he taught at a local law school. Don Sessions was on the cover of the Orange County Bar Association magazine as a leader of one of its affiliate bar groups.
Look for our answers to employees’ questions in the "Life and Work Q & A" column of the Orange County Register’s "Business Monday" magazine. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column, which appears in the Los Angeles Times’ "Career Builder Magazine" and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. © 2005 by Sessions & Kimball LLP.
Copyright © 2007 Sessions & Kimball LLP
The information provided on this website is not to be construed as legal advice, but is general information about employee rights. Visiting this website does not make us your attorney. The only way we can become your attorney is if you and our firm sign a retainer agreement. The information in this website is based upon California law, and the law of other states may be different.