The employer was questioning the employee, whom has a workers comp. lawsuit case towards the company about the lawsuit.
Is this legal or illegal on behalf of the employer.
2007-02-01 13:36:03 · 7 answers · asked by Nancy Rodriguez 2 in Politics & Government ➔ Law & Ethics
There are at least to problems with this question: (1) laws vary from state to state; and (2) not enough context is provided about the questions and the when and how they are being asked.
Nearly every state has laws the prohibit discrimination against employees that file a worker's comp claim. On the other hand, it would only be natural for the employer to want information such as when the employee will be able to return to work or what types of work restrictions he or she has. What an employer might legally ask in Texas might not be legal in California, so each state might have different laws on the topic.
The other issue deals with context. Are we talking about the employer's attorney taking the employee's deposition in a lawsuit? Casual conversation around the water cooler? A nasty confrontation in the office? You need to disclose more about what is going on.
As always, the best advice is to consult a local attorney who works in the field of employment law.
2007-02-02 08:47:58 · answer #1 · answered by Carl 7 · 0⤊ 0⤋
They can ask. Doesn't really matter if employee answers or not. It is illegal for an employer to punish a person in this situation. I.e. in RETALIATION for filing a suit.
2007-02-01 14:12:39 · answer #2 · answered by obamaforprez 2 · 0⤊ 0⤋
yes you dont have to answer and yes they can ask BUT most states have employee at will - an employer can fire anyone without any cause - unless its a form of discrimation or in violation of a very specfic employment contract
2007-02-01 13:56:07 · answer #3 · answered by noah 3 · 0⤊ 0⤋
The employer can ask ANYTHING, but there's nothing that say you have to answer. A simple, I'M NOT AT LIBERTY TO ANSWER THAT RIGHT NOW, should suffice.
2007-02-01 13:41:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
they can ask - the employee can refer them to his/her attorney for the answers.
2007-02-01 13:44:14 · answer #5 · answered by Anonymous · 0⤊ 0⤋
yes
2007-02-01 13:40:03 · answer #6 · answered by peanut 4 · 0⤊ 0⤋
Yes, they can question you. However, you do NOT have to answer (nor should you). They cannot fire you for not answering.
2007-02-01 13:40:52 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋