Q: Can employer legally ask if you received a stimulus check or ask about your personal finances/situation?
Employer sent out a survey asking if stimulus check was received and asking individuals level of financial hardship due to reduced pay.
Is this legal?
Non-exempt hourly employees have had their hours reduced and are still waiting (over 3 weeks) for the employer to provided paperwork from the CA Work Share Program so that hourly employees can apply for unemployment. Do hourly employees have to wait for that paperwork or can they file for EDD separately?
A: There is nothing unlawful about an employer asking that information. If you are not receiving hours you can file for unemployment insurance benefits regardless of whether the employer provides you with documents.
Good luck to you.
A: As long as you are not required to answer the survey it is probably legal. You should not be required to answer because that would likely violate your right to privacy.
As for unemployment, you should apply.
Maurice Mandel II agrees with this answer
A: Employers often ask questions about your private matters, and you don't have any clue why! About 90% of the time it is not for the benefit of the employee!!!!! If it isn't any of their damn business, they have no right poking their noses into your affairs. Some of the more egregious things I have encountered are: If you were not getting paid, would you still do this job? (trying to convert work force to volunteers without pay- cut pay). You lived there a long time, I bet you don't pay much in property taxes? (what business is it of theirs?- is this age discrimination/harassment? are they trying to justify a pay cut?) Are those real? (OMG- more common than you would even believe- and this is viewed as just a normal topic of conversation- NO they are a figment of your imagination, and stop drooling!)
I view this question you raised as equal to the last one. There is no reason beneficial to YOU for the employer to ask these questions. A possible response: "I will forward your inquiry to my attorney and he will give you a response in a couple of weeks, if you really want to know, or are you dropping this question?" . Probably "I decline to discuss my personal finances with anyone other than my spouse, accountant and attorney." is a safer answer. Be careful about not being insubordinate. But occasionally, the subtle use of the word "attorney" tightens certain sphincter muscles.
Remember, you are most likely an at will employee, and the employer can terminate you for no reason. The scenario you present does not give much of a shot at protecting you from such a termination.
You might want to discuss this with an employment attorney and provide more details.
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