what is a lawyer allowed to ask you

by Prof. Clotilde Jacobs 9 min read

They are allowed to ask if you have ever been disciplined for violating company policies about the use of alcohol and tobacco products. They can also ask directly if you use illegal drugs, but they can't ask about your use of prescription medications. 13 2 6.

Full Answer

What are good questions to ask an attorney?

For a free legal consultation with a lawyer serving Anderson, call 317-548-6310. Ask Questions About the Value of Your Case. It can be surprisingly easy to overlook many of the damages you are allowed to request in your personal injury case. A personal injury lawyer who has assigned a value to cases in the past can ensure no valid expenses are ...

How do I Ask an attorney a question?

Second question: Are lawyers even allowed to have 'after hour' fees. For example, a lawyer working on a case charges one fee when he/she works during the day (9pm-6pm) and another higher fee if he/she works on it during the night/weekend. Are they allowed to do so? Some lawyers haven't even heard of this system so I just want to confirm.

What would you ask an attorney?

Dec 10, 2018 · What you are legally required to tell your employer about the circumstances of your sick days is less clear. The subject is a gray area for many employees, but the laws in California clear up some of the questions. Your employer is allowed to ask you why you are taking a sick day, including asking the nature of your ailment.

What kind of lawyer do you really want to be?

Sep 21, 2015 · In general, employers are allowed to ask for the details of your illness. "It's reasonable for a manager to ask an employee what's wrong. Otherwise, it would be a no-questions-asked sick leave policy, and that would quickly be abused," says Bryan Cavanaugh, a St. Louis-based employment attorney. "Asking what is wrong requires the employee to give a brief …

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What questions do lawyers ask?

What Questions do Lawyers Ask Their Clients?What is your case about? A lawyer will want to know every single detail of your case. ... What do you hope to accomplish? ... How do you want us to communicate? ... Why did you choose me? ... Are you comfortable with my rates?Nov 28, 2019

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What lawyers should not do?

Here are 10 things lawyers should stop doing.Leaving the door open to requests. ... Underestimating how long things take. ... Waiting until the end of day to do your most important work. ... Working with difficult clients. ... Making marketing and business development more complicated than it should be. ... Reacting instead of planning.More items...•Apr 20, 2021

Can your lawyer ask you out?

When an attorney asks the judge to be let out of your case, he has to give a reason. When your attorney submits this request to the judge, he has to provide a copy of this request to the attorneys who represent the doctors and hospitals you sued.

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

What do lawyers fear the most?

Some of lawyers' most common fears include: Feeling that their offices or cases are out of control. Changing familiar procedures. Looking foolish by asking certain questions.Nov 1, 2015

Is it normal to not hear from your lawyer?

Throughout the process of getting your financial settlement after becoming injured, there may be periods of time that you do not hear from your attorney. Although this can be unnerving, it is a normal part of the legal process.Oct 25, 2018

Do lawyers try to scare you?

Attorneys That Use Scare Tactics If an attorney is attempting to scare you into hiring them to handle your case, they are probably exhibiting bullying behavior that can have very negative consequences later on in your case.

Can a lawyer tell your secrets?

The attorney-client privilege is a rule that protects the confidentiality of communications between lawyers and clients. Under the rule, attorneys may not divulge their clients' secrets, nor may others force them to.

What if a lawyer knows his client is lying?

If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

Can lawyers disclose information?

Section 126 of the Act prohibits an attorney from disclosing an attorney-client privileged communication. The communication may be of any form and nature, verbal or documentary. It even covers facts observed by an attorney in the course and purpose of the attorney-client relationship.May 8, 2019

What Are Your Employee Rights Regarding Sick Days?

In the state of California, the law states that employees are entitled to paid sick days at a rate of no less than one hour per 30 hours worked. Th...

What Are Your Employer’s Rights Regarding Sick Days?

In the case of employer’s rights surrounding sick days, there is a chasm between what is lawful and what is common sense behavior. Laws allow your...

What to Do When You Take a Sick Day?

The next time you wake up ill, the best practice is to call in immediately and request a sick day. It is up to you whether you choose to disclose b...

What Are Your Employee Rights Regarding Sick Days?

In the state of California, the law states that employees are entitled to paid sick days at a rate of no less than one hour per 30 hours worked. This begins after the employee has worked at a business for more than 90 days, though managers can allow sick days in advance at their discretion.

What to Do When You Take a Sick Day

The next time you wake up ill, the best practice is to call in immediately and request a sick day. It is up to you whether you choose to disclose brief details upfront. If your employer asks, you should provide general details, unless your illness is protected by the ADA.

What is the age discrimination in employment act?

The Age Discrimination in Employment Act of 1967 ( ADEA) protects people 40 or older from being discriminated against in the workplace in favor of younger workers. The ADEA doesn't explicitly forbid asking a job applicant's age or birth date, but because such questions may indicate an intent to discriminate or discourage older workers from applying, ...

Which act prohibits discrimination on the basis of race, color, religion, sex, or national origin?

This protection is granted under Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. 1 Employers are permitted to ask an employee to reveal their race voluntarily for affirmative action purposes. 15. 8.

Who is Porcshe Moran?

Porcshe Moran is the founder of PRN Media and a co-founder of HER magazine. She has 10+ years of experience as a journalist. Learn about our editorial policies. Porcshe Moran. Updated Mar 19, 2021. Because of their eagerness to be considered for gainful employment, many people may overlook certain improper interview questions. ...

Can an employer refuse to hire a pregnant woman?

The Pregnancy Discrimination Act of 1978 (PDA) states that an employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers. 16.

Is it illegal to ask questions in an interview?

Depending on how they are asked, questions about personal topics, such as marital status, race, and health, can be illegal under federal and some state and local laws. Some types of interview questions can be used to discriminate against applicants, and it is within your rights to refuse to answer them. Questions such as, "Are you married?".

Can you discriminate based on location?

If your candidate lives outside of the city your company is hiring in, it may be necessary to have them move to your area. But again, you can't discriminate based on location. Rather, find out if the applicant is willing to move closer to the office.

Is gender always clear in an interview?

Once you've reached the interview stage, a candidate's gender is almost always clear . It is important, however, to ensure that you don't make assumptions about a person's abilities based on this information.

Is maturity important in a job?

Maturity is essential for most positions, but it's important that you don't make assumptions about a candidate's maturity based on age. Alternately, you have to be careful about discrimination towards applicants nearing retirement. These questions will keep you in the clear.

What age can you be discriminated against in an interview?

The Age Discrimination in Employment Act prevents discrimination against employees ages 40 and above. And because of that, it's completely irrelevant for an interviewer to ask you anything regarding your age or date of birth. The only question that is allowed here is "Are you at least 18 years of age?"—and that's because of labor law restrictions.

Can an employer ask about a military discharge?

Due to the fact that military status is federally protected, an employer cannot inquire or make decisions based on a person's past, present, or future service. Interviewers also cannot ask what kind of discharge you received from the military, unless it is to ask whether or not it was an honorable or general discharge, writes the Society for Human Resource Management.

Is it bad to have bad job interviews?

It's highly likely that, over the course of your career, you've had a few truly terrible job interviews. Whether the interviewer made you feel uncomfortable by crossing a line or had some malicious intent with their far-reaching inquiries, there comes a point when you decide you wouldn't take the job no matter what they offered you.

Can employers discriminate against religious people?

Employers are unable to discriminate against applicants for their religious beliefs, which means asking this question is totally irrelevant. The only question employers are allowed to ask is whether you'd be able to work on the weekend (and even then, the question should only be asked if the job actually requires work on the weekend).

Can employers ask what language you speak?

Just like employers are not allowed to ask where you're from, they're also not permitted to ask what your native language is—even if you're applying to a job that requires you to be bilingual. Instead, they can ask which languages you speak and how fluent you are in each.

Can you ask where your spouse is currently employed?

On a similar note, potential employers cannot ask where your spouse is currently employed. For the best strategies for answering the questions interviewers are allowed to ask, check out How to Ace Every Common Job Interview Question.

Can employers ask about an applicant's participation in other groups?

While employers are allowed to ask if potential employees are part of any professional organizations, they shouldn't inquire about an applicant's participation in other types of groups , such as sororities, fraternities, and country clubs. These questions could be seen as proxies for questions about race, sex, and age, according to Betterteam.

What happens if a customer refuses to wear a mask?

If the customer refuses to agree to the compromise, businesses can then refuse to provide a service on health and safety grounds.

What is the duty of care of an employer?

Employers have a duty of care under the Occupational Safety and Health Act of 1970 (OSHA) to provide a safe workplace for employees. To fulfill the duty of care, an employer can ask for proof of vaccination against COVID-19 subject to the EEOC guidelines discussed above and state legislation. If an employee is unable or unwilling ...

What is the purpose of HIPAA?

The Health Insurance Portability and Accountability Act (HIPAA) was created primarily to modernize the flow of healthcare information, stipulate how personally identifiable information maintained by the healthcare and healthcare insurance industries should be protected from fraud and theft, and address limitations on healthcare insurance coverage.

What is the EEOC?

The Equal Employment Opportunity Commission (EEOC) recently issued advice for employers to help avoid any potential violations of anti-discrimination laws, such as the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

Is PHI covered by HIPAA?

Vaccination information is classed as PHI and is covered by the HIPAA Rules . However, HIPAA only applies to HIPAA-covered entities – healthcare providers, health plans, and healthcare clearinghouses – and their business associates. If an employer asks an employee to provide proof that they have been vaccinated in order to allow ...

Is a HIPAA covered entity protected?

If an individual voluntarily discloses their vaccination status to an entity not covered by HIPAA , the disclosure is not subject to HIPAA Rules.

What is the Civil Rights Act of 1964?

The Civil Rights Act of 1964 requires employers to provide reasonable accommodations for employees who have strongly held religious beliefs, and the ADA requires employers to provide reasonable accommodations for employees who have an underlying disability under the Civil Rights Act of 1964. Accommodations therefore need to be made ...

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Where Do You Live?

Are you/have You Been A Drug user?

How Old Are You?

Are You A Native English Speaker?

Do You Plan to Have Children?

Have You Ever Been Arrested?

Simple Rules to Avoid Illegal Interview Questions

  • Be sure that your behavior is legal and use these guidelines to avoid illegal interview questions: Don’t ask anything that isn’t job-related Protected characteristics like race are never job-related. Sometimes, religion, age, gender and national origin are BFOQ. This means you’re allowed to consider them when they’re highly relevant to the job. Str...
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How Old Are You?

Are You Married?

Are You A U.S. Citizen?

Do You Have Any Disabilities?

Do You Take Drugs, Smoke, Or Drink?

  • Concerns about drug, alcohol, or nicotine addictions are valid because they can impact an employee's quality of work and the rates of a company's health insurance coverage. However, an employer might find themselves in legal trouble if they don't carefully frame questions about these potential problems. They are allowed to ask if you have ever been...
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What Religion Do You Practice?

What Is Your Race?

Are You Pregnant?

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