Employment Law in Rhode Island

Pre-employment/Promotion

Hiring

Under federal law, an employer doesn't have to hire, or promote, the most qualified applicant. But the employer cannot base decisions on personal characteristics that are not job-related. These characteristics often include:

• Age
• Race
• Sex
• Religion
• National origin
• Disability

An interviewer isn't allowed to ask questions relating to these characteristics. Interview questions that aren't allowed include:

• Are you married? Are you planning to get married?
• Do you have children? Are you planning to have children?
• Where were you born?
• What's your sexual orientation?
• Have you ever been arrested?

An interviewer can, however, ask about a personal characteristic if it could hinder your ability to fulfill the job's requirements. Some examples might be:

• Have you ever been convicted of a crime?
• Can you prove that you are eligible to work in the US?
• Can you do this job with, or without, reasonable accommodations?

References

A previous employer is free to provide any non-confidential information about a previous employee, as long as it's true and isn't provided to maliciously harm the employee. An employer, who provides false information that disparages the employee, may be liable for defamation. In order to avoid potential liability, many employers often refuse to comment on a past employee's job performance and confirm only dates of hire and separation, plus wage or salary information.

Employment

At Will

In the majority of states, employees not working under an employment contract are deemed to be "at will." In Rhode Island, at-will employees may be terminated for any reason, so long as it's not illegal. There are numerous illegal reasons for termination. Typically such reasons fall into one of two large categories: illegal discrimination or illegal termination in violation of a public policy. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

Employee Handbooks

While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. An employee handbook also provides more convenient access by employees and managers.

At a minimum, an employee handbook should include:

• A statement regarding the at-will employment relationship
• An equal employment opportunity statement
• A policy regarding sexual and other types of harassment in the workplace
• Internet access, e-mail, and voice mail policies
• The Family Medical Leave Act

The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.

Workplace Safety

Federal and state laws require that most employers furnish a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees. In most instances, an employee may anonymously complain about an unsafe work environment and be protected against employer reprisals.

The Occupational and Environmental Health Center of Rhode Island is a non-profit independent resource center that tries to improve occupational and environmental health. The center provides occupational and environmental health clinical service, workplace evaluations and educational programs.

Workplace Injury

Workers' compensation laws are designed to compensate employees who have been injured or killed in work related accidents according to a fixed monetary scheme, without having to resort to litigation. Dependents of a fatally injured employee may also be entitled to benefits. Employers may be protected by limits placed on the amount of an employee's recovery.

The Rhode Island workers' compensation system applies to businesses with one or more employees. Employers with one or more employees are required to carry workers' compensation insurance unless otherwise exempt by law. Medical bills related to your injury should be paid in full by your employer's insurance company.

If you are incapacitated for at least three consecutive days so that you cannot earn full wages, compensation benefits may begin on the fourth day from the date of your injury. You may also be entitled to medical treatment, benefits for disfigurement or loss of use, and participation in rehabilitation. The following weekly benefits are paid under workers' compensation:

• Total disability benefits are paid if you are physically unable to earn any wages in any employment and they are payable at a rate of 75% of your spendable base wage
• Partial disability benefits are paid if your ability to earn full wages is affected but you are not totally disabled
• Dependency allowance benefits are $15 per dependent per week for total disability or $40 per dependent per week for fatality benefits

Sexual Harassment

An employer may be liable to an employee for instances of "sexual harassment," which can include unwelcome sexual advances, conduct or other physical or verbal acts of a sexual nature, which occur in the workplace. The following conduct is generally considered sexual harassment:

• Direct sexual conduct - an employer makes sexual advances or statements
• "Quid pro quo" - job-related benefits are offered in exchange for sexual conduct
• Hostile work environment - an employer maintains an overly sexual work environment

Because the laws determining what conduct, or pattern of conduct, constitutes actionable sexual harassment are complex, a licensed attorney should be contacted to review individual circumstances.

Discrimination and Wrongful Termination

Employers are not allowed to terminate or discriminate against employees for the following reasons:

• Age
• Race
• Sex
• Religion
• National origin
• Disability
• Pregnancy

It's illegal for an employer to consider these characteristics with regard to:

• Promotions
• Job assignments
• Termination
• Wages

And it's illegal for an employer to terminate an employee:

• For refusing to break a law
• In retaliation for filing a discrimination or safety claim
• For taking leave under the Family and Medical Leave Act
• Without following its own stated procedure or policy
• For reasons not contained in the employment contract, if one exists

Family and Medical Leave

The Family Medical Leave Act (FMLA) provides 12 weeks of unpaid leave to qualifying employees who need time off from work to care for their own or an immediate family member's serious health condition. This allows for continued medical benefits and restoration of their original position upon return. An employee is eligible when they:

• Have worked for the same employer for the previous 12 months
• Have worked at least 1,250 hours in the previous 12 months
• Are employed by a "covered" employer, which is:
  • All federal, state, and local governments and agencies
  • Private employers with 50 or more employees for 20 weeks in the calendar year and engaged in interstate commerce

An injury or illness qualifies as a "serious health condition" if it either requires an overnight stay in a medical facility or constitutes "continuing treatment" by a health-care provider. Continuing treatment requires either the employee's incapacity for more than three calendar days and at least two subsequent treatments, or treatment by a health-care provider that results in continuing supervised treatment.

In Rhode Island, employees who have been employed by the same employer for 12 consecutive months are entitled to school involvement leave for up to a total of ten hours of leave during any 12 month period to attend school conferences or other school-related activities for a child of whom you are the parent, foster parent or guardian. You must provide your employer with a 24 hour prior notice of the leave and try to schedule your leave so that it doesn't disrupt the operations of your employer.

Post-employment

Unemployment Benefits

Unemployment benefits are based on combinations of federal and state statutes. Unemployment compensation programs are administered by the state and normally provide temporary monetary compensation to workers who have been terminated without cause, through no fault of their own. Employees who voluntarily terminate their employment for "good cause" may also be entitled to benefits.

To be eligible for benefits, you must have been paid at least $8,100 in either your base period (the first four of the last five completed calendar quarters before the date that you filed your claim) or an alternate base period (the last four completed calendar quarters before the starting date of your claim). Even if you did not earn $8,100 during the relevant time period, you may still be eligible for unemployment benefits if you meet all of the following conditions:

You were paid at least $1,350 in one of your base period quarters

You were paid total base period wages of at least one and one-half times your highest single quarter earnings

You were paid total base period wages of at least $2,700

Your weekly benefit rate is equal to 4.62% of the wages paid to you in the highest quarter of your base period. A maximum weekly benefit rate is determined annually. The most you are allowed to collect is an amount equal to 26 full weeks.

COBRA

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), which is a federal law, employees may be allowed to continue their health insurance benefits, at the employee's expense, for up to 18 months after either voluntary or involuntary termination, if the employer has 20 or more employees.

To qualify for COBRA continuation coverage, an employee must have a qualifying event that causes the employee to lose group health coverage. The following are qualifying events:

For employees
• Voluntary or involuntary termination of employment for reasons other than gross misconduct
• Reduction in numbers of hours worked
For spouses
• Loss of coverage by the employee because of one of the qualifying events listed above
• Covered employee becomes eligible for Medicare
• Divorce or legal separation of the covered employee
• Death of the covered employee
For dependent children
• Loss of coverage because of any of the qualifying events listed for spouses
• Loss of status as a dependent child under the plan rules

Rhode Island has enacted a "mini" COBRA law similar to the federal COBRA law. Under the Rhode Island Insurance Continuation Act, plans with 2-19 employees can qualify for 18 months of continued coverage.

Related Web Links:

- Occupational and Environmental Health Center of Rhode Island
- Rhode Island Division of Workers' Compensation
- Rhode Island Department of Labor and Training, Unemployment Insurance
- US Department of Labor
- US Department of Labor OSHA
- Employment Law for Employees message boards for more help