I hear this question daily. Workers want to know their rights at work, but often don't know where to begin to find out. And the answers are usually elusive. Workers want a black and white answer in a grey area. Usually the answer to almost any workplace question is "it depends." But every once in a while, we have what we call "black letter law," and I will include it when I can.
Why is it so hard to get a straight answer to such a seemingly simple question? It depends on the facts, which usually differ from one side's perspective to the other. It depends on the state of the law, which is constantly changing. It depends on the information available to you when you are asking the question. And even on how well you can convey the information, to tell your story, if you will.
Sometimes you can find out the answer to your question by doing some research, yet some workplace questions require complex legal analysis that should only be handled by an attorney after a detailed inquiry. Some of the factual scenarios you will see in this blog have been taken directly from enforcement guidance or case law. Others may be responses to reader questons in an effort to provide general information. If we answer your question, we are not providing you with legal advice or representation. Because the laws (and links) change constantly, the information on this blog, while accurate when posted, may become outdated as time passes. Caveat emptor.
While this blog (or its author) cannot provide legal advice to you for a specific factual situation, we can point you toward some of the legal principles that apply to employees in this country and give you some resources to begin your quest of finding out the answer to the elusive question - can my boss really do that?
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