An Overview of Pre Employment Law

I found this article relating to Employment Law which I thought may be of interest. So here it is for you

If you work in Pennsylvania you should know about Pennsylvania law in order to protect your rights. In Pennsylvania employees are protected against hostile work environment and other injustice done by the employers. Employees can seek help from employment lawyers if they are unreasonably terminated from the job. Go through this article to get an overview of the employment law in Pennsylvania.  

Pre-Employment Law

It is not necessary that the employer will have to hire the most qualified applicant as there are other things to consider beside qualification. However the hiring decision can never be made on certain personal characteristics (especially if they are not job related) of the prospective employee.

Some of these characteristics include:

o    Religion
o    Age
o    Gender
o    Race
o    Disability
o    National Origin
o    Sexual Orientation

There are certain questions that can not be asked in the interview as these questions are related to the personal characteristics of the interviewee. The questions that one can not ask include:

o    Where was the interviewee born?
o    Are they married?
o    Whether they are planning to get married?
o    Do they have children?

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o    Are they planning to have children?
o    Whether they have been arrested ever?
o    What is their sexual orientation?

However the interviewer can ask questions about personal characteristics if these characteristics can have direct impact on the job. These questions may play an important role if the personal characteristics of the interviewee become a hindrance between the job criteria and the person’s ability to meet the criteria.   

Some examples of these kinds of questions are as follow.

o    Do the employee have work permit to do a job in US?
o    Do the prospective employees have long term plan to work in Pennsylvania?
o    Whether they have been convicted of any crime?
o    Whether they are ready to do the job with accommodation facility?

References from Previous Employers

The previous employer of an employee is permitted to offer non-confidential information about him or her. But the information should be true and it should not do any harm to the employee in any way. A previous employer is liable for defamation if he or she intentionally offers false information about an employee knowing that it will maliciously harm the employee.

This is the reason that most of the employers refuse to make any comment about the performance of a previous employee. They want to avoid all possible liability. Hence they only disclose the date of joining and date of resignation of the employee. Many of them agree to disclose salary information. Most of the employers discuss with their employment lawyers before disclosing any information about a previous employee.   

Pre employment law in Pennsylvania is quite complicated. Besides knowing the basic information, consult with a Pennsylvania Employment Lawyer so that you know the employer is taking your interview as per the legal norms.

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Charles Johnson is an employment attorney who writes on various topics like Pennsylvania Employment Lawyer, employment law in US etc. He recommends that you have a look at www.consolelaw.com for details about employment law.
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