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9 things most companies are allowed to do even though they seem illegal

Nov 26, 2016, 00:00 IST

Eric Gaillard/Reuters

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Do you ever see your boss do something and think "That doesn't seem right" or "That can't be legal"?

Maybe it is. Maybe it isn't.

To help you figure out whether some of your employer's sketchy, annoying, or unethical actions are legal, we spoke with employment lawyers from The Ottinger Firm.

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They said that laws vary from state to state, but offered a general overview of seemingly illegal actions that are actually legal in many places:

1. Most companies can put video cameras up in the office

Ottinger lawyers say that employers are typically allowed to put up video cameras around the office so long as they can justify them with business reasons, such as a concern for security.

But don't worry too much, because the law firm says that many states don't allow employers to put cameras up in either employee or customer restrooms or changing rooms. In addition, employers are generally prohibited from putting up cameras to keep an eye on specific employees.

2. Most companies can phone you when you're sick

Whether you're actually sick or just playing hooky, you probably don't want to hear from your boss.

Unfortunately, in most states there's nothing prohibiting your employer from checking up on an employee who calls in sick - so long as the worker is physically able to answer the call.

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3. Most companies can track your internet history

You might want to close out of Facebook - and Instagram, Twitter, YouTube, and Reddit.

Employers are generally allowed to track their employees' web searches and communications that take place on their network or on one of their laptops or smartphones that they provided, according to Ottinger.

If you're concerned about security, you can be comforted by the fact that most states have limitations on an employers' right to look at files that are password-protected by one of your online accounts, even if you use it at work or on a work device.

4. Most companies can ask for a doctor's note

If you have a strict boss, then you might not want to fake a sickness.

Ottinger says that most employers are allowed to ask for a doctor's note from an employee who takes a sick day.

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But many federal and state laws put a limit on how much information from an employee's personal medical history must be provided to justify taking a day off.

5. Most companies can refuse to give you a reference letter

If your boss doesn't like you, then you might want to skip out on asking for a recommendation letter.

Ottinger says that your employer has no obligation to give you any kind of reference, which could lead to some embarrassing or tension-filled situations if you're not on good terms with your boss.

6. Most companies can refuse to pay you for jury duty

No one likes getting called for jury duty - until they realize that they get a free lunch and a day off from work.

But before you get too excited, Ottinger says that you should know that most states don't require employers to pay their employees for the hours they miss for jury duty.

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Buy employers are generally prohibited from punishing employees who miss part of the workday for jury duty.

7. Most companies can refuse to offer health insurance

Health insurance is not guaranteed with your full-time job.

Federal, state, and local laws require only certain larger employers to provide it.

Businesses that have 50 or fewer full-time employees will face no penalty for choosing not to provide insurance, according to HealthCare.gov.

8. Most companies can refuse to offer you a pension

Hearing about generous pension plans can make your mouth water.

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But private employers are not required to provide retirement benefits or contribution plans, according to Ottinger.

If your employer chooses to provide a retirement plan, then it must comply with the requirements and standards mandated under the federal Employee Retirement Income Security Act (ERISA).

9. Most companies can fire you over politics

It might be tempting to talk about politics in the office, especially in the wake of such a contentious election. However, tread with caution if you're dying to make your views known. If you're in the private sector and your politics don't jive with those of your boss, in most cases they'd be within their rights to fire you.

Natalie Walters contributed to a previous version of this article.

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