10 Shattered Myths About Workplace Rights

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Diane, it's the absence of a law on these issues that's relevant here. If you research "at-will employment," you'll find a lot!

Alison Green of DC 1:14PM February 10, 2012

Thank you for writing this article. The Department of Labor needs to review the rich and diverse research on workplace bullying and develop a unified and national response to protect all American workers.
http://www.thepetitionsite.com/1/protect-us-workers/

Beverly Peterson of NY 10:58PM February 09, 2012

Would you point me in the right direction to find the "laws" governing myth #5 about the reassignment of duties and myths #9 & #10 regarding terminating employees?
Thank you

Diane Peters of NV 5:08PM February 09, 2012

@SOCRATES JUDICATA: Employers are barred by federal law from asking about disabilities. They can, however, ask if the candidate can perform the essential functions of the job, with or without reasonable accommodation.
On references, as I wrote, employers can give negative information as long as it's truthful. You might be surprised how many employers give negative references.
You can look up all these laws yourself if you're curious about any of them!

Alison Green of DC 12:48AM February 08, 2012

A number of your conclusions are overbroad or vague. For instance, an employer is of course entitled to ask about any disability which would prevent you from doing the job but must offer reasonable accommodations in order to allow you to function at that job. For instance, a person who lacks limbs would probably not be a good package handler if that disability substantially interfered with the safety or execution of that position and no reasonable accommodation can be made to correct this.
The mass generalization of what employers can say about you when called as a reference is flat out wrong. Employers are usually very aware of defamation claims, so anything they say must be true. Additionally if you were laid off and they say that you quit or were fired this can give rise to additional claims under state law for damages of reputation. Truth is a defense, but most employers are not so foolish as to fall into the trap of speculation. Documented evidence of misconduct is I think what you were going for but sailed right over the mark.
You can sue your boss if he causes the intentional infliction of emotional distress. Telling people that they cannot is just overbroad.
There are many other generalizations that you made here but I hope that you go back and correct them. Also a disclaimer that you cannot give legal advice and that all information given is for information purposes would be nice. I would hate to think someone gives up a cause of action after reading this blog and relying on its contents.

Socrates Judicata of PA 11:00PM February 07, 2012

I have no idea how to handle this anymore. Seems Facebook and other social networks will read all my likes here and I will never get a good job again I can survive on.All because I was trying to get help from bullies and workplace harassment that should have been taken care of as soon as I asked for help. So be it! If employers base their decisions on our "likes"they really must be desperate or have some illusion their company is perfect or it's ok to treat people like crap! I respect managers who don't call their employees names and ridicule them. I deserve better! Sorry, but I am tired of this bs!

Deborah Boeddeker of WA 11:22AM February 07, 2012

I'm a regular reader of your blog, so I didn't expect any of these to surprise. 9 of them didn't, but 1 did.
"Myth: Employers must provide you with breaks during the workday. Fact: No federal law requires that workers receive lunch or other breaks. Some states require breaks, but most do not."
I'm not surprised that there's no federal law for this, but I thought that most, if not all, states had laws requiring a 30 minute unpaid lunch break if you were working consecutively 5 or 6 hours or more.
Apparently, I've just been lucky to live in states that had this law on the books. (Not sure if DC does, but I (fortunately) get breaks from my employer, which is good.)

Laura L of DC 7:34PM February 06, 2012

#3. Ain't that the truth. I work as a conflict consultant and this is one myth that everyone has to deal with. We have no leverage on behavior. We have to demonstrate losses to the company-turn-over, lost profits, healthcare costs, lost potential when key employees leave, cost of replacing employees. And these costs add up to billions for employers. If an employer care about their bottom line, then they might want to deal with bullying behavior.

Kathleen of CA 7:34PM February 06, 2012

SUCKS! JUST SUCKS! NO ONE has any job security and laws must be changed and NOW! Why should ANYONE want to find a job and work when it is legal to abuse/harrass/terminate just for "funzies".

Joyce Baldassarre of PA 2:56PM February 06, 2012

Anon: Age discrimination laws cover people 40 and up, so if you're, say, 26, it's not going to apply to you.
Dawn: Yes, just being really hostile and horrible isn’t illegal. The hostility has to be linked to discriminatory harassment based on race, religion, national origin, disability, age (40 and up only), military service, sex, etc., or retaliation for legally protected actions. You'd need evidence to prove this link, via the comments themselves or the fact that all women are treated this way and none of the men are, etc.

Alison Green of DC 12:42PM February 06, 2012