AOL Jobs

Your Job Isn't What The Employer Promised: Is That Illegal?

Donna Ballman — 2013-04-16T08:54:00+00:00

I recently received this question from a reader.

Q: I was hired for a specific job with a specific job title. Months later, my employer changed my title without asking me and made me work in a role that I neither wanted nor was qualified for. I wouldn't have left my prior job for the newly changed job title. Then my new position was eliminated because it wasn't working for the company. So now I'm out of a job! What are my options? Is this legal? If they'd offered me this position in the first place I never would have accepted it!

Can You Be Fired For Calling In Sick -- Even With A Doctor's Note?

Donna Ballman — 2013-03-14T08:13:00+00:00

I recently received this question from a reader:

Q: I have missed about a week and half of work due to being really sick. I can barely talk and have no voice. Keep in mind here my job is a telesales rep. I call people all day. Are they legally able to fire me even though I have a doctor's note every day I missed?

7 Ways You Can Be Fired For Your Appearance -- Legally

Donna Ballman — 2013-02-20T08:44:00+00:00

You've almost certainly heard about the dentist who was so afraid that he couldn't resist sexually harassing his very attractive female employee that he fired her. The Iowa Supreme Court upheld the firing, saying that firing someone because they're too attractive didn't violate Iowa law. If you haven't heard about it, no, I'm not kidding.

Can Your Employer Demand Your Social Media Passwords?

Donna Ballman — 2013-01-30T09:50:00+00:00

You might remember in early 2012 the report of an employer who was demanding that applicants turn over social media passwords. Suddenly, employees came forward with similar stories, prompting Facebook to threaten suit against employers who violate user privacy. Since then, states have jumped into action. Depending on where you live, an employer who demands your password, or even asks about your social media use, may be breaking the law.

An Employer Asks You To Do Work For Free: Legal Or Not?

Donna Ballman — 2013-01-22T09:35:00+00:00

Dear Donna,

I run into many problems with employers regarding availability and doing free work to promote business. An example is: A company would tell me that I am an independent contractor but would require me to stay in the area, without pay, in case someone would want to schedule my services last-minute.

Job Application Questions: Are Employers Really Allowed To Ask You That?

Donna Ballman — 2013-01-03T07:09:00+00:00

For many employers, the job application is the first contact they have with you as a prospective employee. What can they ask you? What does it mean? What should you answer to some of those questions? Here are some areas of concern in your employment application.

Biggest Myths About The Right-To-Work Laws

Donna Ballman — 2012-12-21T10:50:00+00:00

Advocates of right-to-work laws argue that right-to-work laws will benefit workers. Will they? What rights do these laws give employees -- and their bosses? AOL Jobs legal affairs blogger Donna Ballman, who is an employment attorney, answers a reader's question on this subject and in the process debunks what she says are common myths around these laws.

Q: I live in a right-to-work state. It actually benefits the employer. I was told by a manager that because it is a right-to-work state they have the right to fire at will. I also worked at Walmart here. I was told by management that it would be automatic firing if I discussed organizing a union.

9 Ways Your Employer Can Legally Spy On You

Donna Ballman — 2012-12-09T07:12:00+00:00

I've always said that Florida is the center of weirdness in the universe, so it came as no surprise to me that the recent story about a voyeur who installed a spy camera in the ladies' room at work, allegedly to make sure his co-workers were doing their jobs, happened in West Palm Beach. While this guy is likely not going to get away with his spying, you shouldn't assume you have privacy at work. Employers are turning into real busybodies about their employees' activities.

8 Ways Employers Can Discriminate Against Workers -- Legally

Donna Ballman — 2012-11-19T08:54:00+00:00

I talk lots about illegal discrimination, but there are many forms of employment discrimination that are perfectly legal. Here are some of the types of discrimination that may be legal if they happen to you:

Can I Lose My Job Because Of Hurricane Sandy?

Donna Ballman — 2012-11-09T08:01:00+00:00

Q: Can my employer let me go because of the damage done by Hurricane Sandy? I have worked for my employer since 2001, but the hurricane destroyed where I work. I have moved far up my place of employment, and I have very loyal customers. Now we may not be open for another month. I don't think they will pay me again as well as others since we are closed. Can my employer lay me off and not pay me? I am at the end of the day just an employee, a valued one, yes, but I don't know what can happen.

Is Weight Discrimination At Work Illegal?

Donna Ballman — 2012-11-06T07:59:00+00:00

No doubt about it: Record numbers of American workers are obese. By 2030, half of all American adults are expected to be obese, a new study by the Robert Wood Foundation finds. And many employers are biased against overweight workers, assuming that they're lazy or out of control. There's a correlation between obesity and unemployment.

It seems pretty clear that employers don't want to hire or promote overweight employees.

Isn't that illegal?

The answer is a big, fat maybe.

Under federal discrimination laws, weight is not a protected class, which means that, for the most part, your boss can refuse to promote you, can harass you, and can fire you due to your weight. However, there are some ways that you might be protected under the law if you are overweight.

Why Walmart Won't Fire Striking Workers -- And What That Means For You

Donna Ballman — 2012-10-15T08:42:00+00:00

You might have heard that non-union workers at Walmarts around the country have been striking. One of the workers' demands is to stop management retaliation against employees who speak up, and in at least one case, Walmart workers went back to work after their employer agreed to many of their demands. But most of the workers have not resolved their issues with the mega-retailer.

So why haven't they all been fired? You may not realize it, but even non-union American workers have the right to strike and take other actions to protest and try to improve working conditions, and they can't be fired in retaliation.

7 Signs Of Discrimination Against Veterans At Work

Donna Ballman — 2012-09-27T08:15:00+00:00

While American troops are overseas, fighting for their country, many people back home have "Support Our Troops" bumper stickers, hang yellow ribbons, and pray for their safe return. But once veterans return stateside, many find their employers aren't jumping up and down to have them come back to work. Veterans often suffer discrimination in the workplace.

Read This Before You Sign That Severance Agreement

Donna Ballman — 2012-09-13T09:20:00+00:00

Question: I feel that I am being discriminated against at my job. I have worked there for 20 years with no problems at all. In the last month I have been written up once for something that has always been done with no problems. Today I was confronted with a severance package. I am totally confused by all of this.

I have been repeatedly asked what my plans for the future were, when was I going to retire, etc. Now I am given this package and told that I should sign it and return it tomorrow. When I asked what I thought were very important questions because of the confusion in the writing of these papers, we still got conflicting answers. The bottom line is that if I do not sign and return them by tomorrow the threat of being fired with nothing at all has already been given to me. Please, please, help me make the right decision.

Late To Work? These Excuses Could Get You Fired

Donna Ballman — 2012-08-24T08:24:00+00:00

Michelle Edwards says she called in one hour late to work, telling her boss she needed to care for her mother, recovering from surgery. But the boss' response was that she was already fired for "no call, no show," according to the lawsuit Edwards filed against her employer, Advanced Temporaries Inc.

Ask A Lawyer: How Can I Get Paid For Overtime?

Donna Ballman — 2012-08-13T08:40:00+00:00

How can you get paid for all the hours you worked? Whether it's getting paid vacation days or lunch breaks, lots of AOL Jobs readers have concerns about this issue, so I'm going to answer three readers' questions in this column. Please note: I'm giving general answers based on federal law. Your state may have laws with more stringent requirements for employers, so always check with an employment lawyer in your state about your specific situation.

How Do I Prove I'm Paid Less Than My Male Co-Workers?

Donna Ballman — 2012-07-25T09:16:00+00:00

A recent article in Newsweek discussed the continuing pay gap between men and women, and suggested some reasons why women still make less than their male colleagues. Another recent story discussed how female doctors are paid less than male doctors. I'm not going to argue here whether or not the pay gap is real. Instead, I want to discuss that, at least in some workplaces, women are paid less than men for the same work.

10 Tricks Employers Use To Cheat Workers Out Of Overtime

Donna Ballman — 2012-07-11T09:11:00+00:00

Most employees are entitled to be paid overtime for any hours worked over 40 in one week (and no, your employer can't average two or more weeks together). Unless you work for a tiny and purely local employer, or fall within a specific exemption, your employer is legally required to pay you time and a half for all overtime worked.

Top 10 Things Not To Do At The Office Holiday Party

Donna Ballman — 2011-12-13T11:08:00+00:00

It's that most wonderful time of the year. Mistletoe, eggnog and holiday parties in the office make employment lawyers rub their hands together with glee. That's because we get very busy in January after all the party-related firings. There's sexual harassment, discrimination, recriminations, finger-pointing - all the stuff of nice legal fees.

Give Thanks To The Labor Movement

Donna Ballman — 2011-10-07T08:35:00+00:00

In honor of Jobs Week on AOL Jobs, I want to speak up in praise of an entity that has taken a beating this year - the labor union. Anti-union sentiment has spread from state to state, and union busting has become popular under the banner of money savings. Before your billionaire CEO convinces you that labor unions are bad, please don't forget what life was like in the bad old days before unions.