Ask an Expert: Hold your 'fire' power and check legal issues

— -- Q: I would like to let one of my employees go, but I hear whispers that he will cry "discrimination!" if I do. That is not my reason – business is slow. What do I do? — Jim

A: I would like to say that if you are in fact not discriminating, you have nothing to worry about, but that would not be true.

In fact, questions about what is and is not legal in the workplace are so prevalent that I would like to answer this question specifically with regard to discrimination, and then more broadly – offering some legal news you can use.

Regarding discrimination: Just as there are unscrupulous employers out there who take advantage of decent employees, so, too, are there creepy employees who think nothing of suing an honest employer.

A pox on both your houses.

Here is what the law says: It is illegal to let go, or refuse to promote, or not hire in the first place, any employee because of their race, color, religion, sex or national origin. Depending upon the circumstances, discrimination can also entail age, sexual orientation, marital status, or disabilities.

The important thing then for any employer is to document their fairness, and then document some more. Create a paper trail showing that your actions, or upcoming actions, are legitimate and not discriminatory. Treat people fairly, treat them the same, and put things in writing. That way, even if you are ever, unfortunately, sued, you will have proof that you did nothing wrong.

By the same token, when interviewing, avoid asking about these things – age, race, religion, marital status, etc. – so that you can never be accused of not hiring for those reasons.

Aside from discrimination, here are some other common workplace laws you should keep in mind:

Employee status: This typically falls into two categories:

1. Exempt and non-exempt employees: The question often arises as to who is, and is not, exempt from overtime pay. The Fair Labor Standards Act says that exempt employees often hold executive, administrative, professional or outside sales positions, and irrespective of hours worked, they typically are salaried.