# Employment legal query

**URL:** <https://boards.straightdope.com/t/employment-legal-query/647272>\
**Category:** In My Humble Opinion\
**Created:** [January 15, 2013, 11:33am UTC](https://boards.straightdope.com/t/employment-legal-query/647272 "2013-01-15T11:33:03Z")\
**Posts on this page:** 5\
**Page:** 2

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**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\
**Post date:** [January 17, 2013, 10:26pm UTC](https://boards.straightdope.com/t/employment-legal-query/647272/21 "2013-01-17T22:26:15Z")

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As a general rule in the U.S., unless you’re covered by a collective bargaining agreement, employers can hire and fire you for any reason or no reason, even if the reasons are patently moronic. Exceptions include discrimination on various verboten grounds (race, sex, national origin, in some jurisdictions sexual orientati

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**Author:** ![Cliffy](https://avatars.discourse-cdn.com/v4/letter/c/59ef9b/32.png) [@Cliffy](https://boards.straightdope.com/u/Cliffy)\
**Post date:** [January 17, 2013, 10:35pm UTC](https://boards.straightdope.com/t/employment-legal-query/647272/22 "2013-01-17T22:35:18Z")

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sexual orientation, etc.), and a handful of particular regulated procedures (drug and lie detector tests, for example) which can only be administered under certain circumstances or to certain employees. (That’s mostly a function of state law, not federal, so it varies throughout the country.) Otherwise you are at their mercy (and as recompense, you can quit for any stupid reason as well). I’ve not heard of personality tests being regulated like drug tests, but of course your state might have laws I’m not aware of. If you’re really concerned, a phone call to your state LAbor Department might be in order, but prepare to be disappointed.

–Cliffy

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**Author:** ![deltasigma](https://avatars.discourse-cdn.com/v4/letter/d/e5b9ba/32.png) [@deltasigma](https://boards.straightdope.com/u/deltasigma)\
**Post date:** [January 17, 2013, 11:30pm UTC](https://boards.straightdope.com/t/employment-legal-query/647272/23 "2013-01-17T23:30:01Z")

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> [@Saraya](#):
>
> I understand that is a prime opportunity to stick it to the man by agreeing to play his game than intentionally mock it.
> 
> Still, it would be comforting to at least have some legal retort (if only grasping at straws and a long shot) to throw back at them should I say “No.”

Well isn’t it really the same as submitting to a psych evaluation? After all, you don’t know what the tests are designed to uncover - do you? As far as you know, they are designed to uncover hidden personality issues that may later become grounds for dismissal - especially if you work in a job subject to termination-at-will.

I would think that alone would be sufficient to refuse assuming that in your state you ALSO have the right to refuse to undergo an employment related psych eval.

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**Author:** ![Saraya](https://avatars.discourse-cdn.com/v4/letter/s/b3f665/32.png) [@Saraya](https://boards.straightdope.com/u/Saraya)\
**Post date:** [January 18, 2013, 10:44am UTC](https://boards.straightdope.com/t/employment-legal-query/647272/24 "2013-01-18T10:44:28Z")

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> [@Cliffy](#):
>
> sexual orientation, etc.), and a handful of particular regulated procedures (drug and lie detector tests, for example) which can only be administered under certain circumstances or to certain employees. (That’s mostly a function of state law, not federal, so it varies throughout the country.) Otherwise you are at their mercy (and as recompense, you can quit for any stupid reason as well). I’ve not heard of personality tests being regulated like drug tests, but of course your state might have laws I’m not aware of. If you’re really concerned, a phone call to your state LAbor Department might be in order, but prepare to be disappointed.
> 
> –Cliffy

Thank you, this is a fine idea.

> [@deltasigma](#):
>
> Well isn’t it really the same as submitting to a psych evaluation? After all, you don’t know what the tests are designed to uncover - do you? As far as you know, they are designed to uncover hidden personality issues that may later become grounds for dismissal - especially if you work in a job subject to termination-at-will.
> 
> I would think that alone would be sufficient to refuse assuming that in your state you ALSO have the right to refuse to undergo an employment related psych eval.

Thank you, I will keep this as a point to support my argument should it come to that.

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**Author:** ![Ferret\_Herder](https://avatars.discourse-cdn.com/v4/letter/f/e47774/32.png) [@Ferret\_Herder](https://boards.straightdope.com/u/Ferret_Herder)\
**Post date:** [January 18, 2013, 12:34pm UTC](https://boards.straightdope.com/t/employment-legal-query/647272/25 "2013-01-18T12:34:39Z")

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My WAG is that it’s not a psych eval, and they’ll call it a “work ethics” test or a “teamwork evaluation.” Plenty of employers use similar tests as pre-employment screenings and the like.

[Previous page](https://boards.straightdope.com/t/employment-legal-query/647272.md?page=1)
