Masters In Employment Law

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

A. No. The prominent feature of this category is that the alien can't engage in gainful employment in the USA. Crucial here is if the alien is going to be paid a salary from a U.S. business or otherwise engages in activity here that results in payment to the foreigner of a commission for services rendered here. Gray areas with this issue may become a problem for some business traffic in the B-1 category. It's ideal to consult directly to make sure that you stays in status that is lawful and does not violate federal immigration laws.

Q. Does "flirting" represent sexual harassment?

The exact same can be said of flirting. What could be flattering or free to a single individual can be frightening to another, objectionable, and offensive. 1 person may regard flirting or mild horseplay as innocent pleasure, and it might not be viewed as objectionable at the time of their behavior, but somebody else may see it as competitive, insulting, and demeaning, or down the road it might be regarded as part of a routine of a hostile atmosphere.

Q. Is there ever a time when an employer or prospective employer can differentiate between two workers or candidates based on sex, religion, age, etc.. ?

Note that requiring candidates to get a job to fulfill specific qualifications is obviously a suitable practice. On the other hand, the qualifications required needs to be demanded of all applicants; to whom he hasn't asked the question, for instance, a prospective employer can't ask 1 candidate how quickly s/he forms, and hire a candidate. In addition, the qualifications must actually be necessary for the person to satisfy the needs of the task, and they cannot discriminate against a specific group of individuals based on race, colour, gender, etc.. As an instance, a firm hiring construction workers, who must have the ability to lift and carry heavy objects can require candidates to be able to lift and carry things of that burden, but cannot require the candidates to be men who will lift and carry heavy weight. Certainly construction work's demands would preclude someone however a position wouldn't. If a job requires work on weekends, a potential employer can't ask a candidate if his/her religion or child care agreements prohibit weekend job, but might inquire if there is something which would prohibit weekend work.

Q. Can an employer fire a employee that refuses to work on his scheduled day off?

A. Most people are employees at will and don't have any employment contracts or marriage contracts that protect them. That means that a boss can fire them at will for any lawful reason (that carves out such things like race, color, creed, etc.) or no reason at all. That's different, if there is a marriage, or an employment contract.