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A large number of companies these days allow their employees to work from home as it saves a lot of commuting time, money on office space and other logistics. However, this can lead to different kinds of issues among employees and their relationships with others in the company. Some of these issues can have legal implications as well. Given below are some of the legal questions about working from home answered by Experts. Q. How can an individual identify legitimate opportunities for working from home without being a victim of the various scams?
If you have decided which company you want to work with, you can check with the Better Business Bureau to see what the ranking of the company is. You can also check with the state attorney general’s office if there are any complaints lodged against the company. You may also get additional information about various other work from home scams that you can avoid. Q. Can an individual who is working from home get sued by the employer?
It is important for people working from their houses to be aware of the various contractual obligations that they may have towards their company. Sometimes, people working in web related jobs may break the CAN-SPAM law and this can lead to the company suing them. Q. Can a woman claim unemployment if she has been asked to quit her job after working from home for a year on having a baby?
In such a situation, you may not be able to claim unemployment on the basis that she was asked to leave after having a baby. However, she may sue the employer for discrimination as the employer is prohibited from discriminating against an at-will employee on the basis of race, sex, disability, FMLA usage, application for worker’s compensation, etc. Q. Can an employee who is taking time off from work due to a physical disability be forced to operate from home by the employer?
The terms and conditions of employment that an employer may put forth are not always dictated by any law. The employer may set any kind of work requirements. The employee may however, refuse to work from home if he/she does not want to, if the employment contract so allows. If the employment contract doesn’t specify things one way or the other, the employer may add the new requirement to the contract. Q. Is it mandatory for an employer to compensate an employee who works at home for travel if he/she has to visit the office twice a week?
It may not be mandatory for employers to pay employees for travelling to office twice a week even if they work from their houses on the other days according to the US Fair Labor Standards Act. However, if the employee is required to travel to other places for work, he/she may have to be paid for this travel. Q. Can a contractor who works from home sue the employer if the employer suddenly terminates the contract?
An individual contractor may not have any rights besides the ones that are mentioned in his/her contract with the employer. Hence, you may not be able to sue the employer unless the employer violates the contract by suddenly terminating it. Q. Can an employer ask an at will employee who used to work from home to provide him/her access to a personal computer after he/she has quit the job?
If there is no contract that may permit the employer to do so or if the employer had not provided the employee a computer to work on, the employer may not have any rights to access the personal computer belonging to an at will employee after he/she has quit. The legal aspects of working from home can sometimes be confusing irrespective of whether you are an employee or employer. In such situations, you may ask employment lawyers any questions that you may have about working from home.
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