No, you shouldn't ask applicants about their immigration status - for example, whether they are a citizen, naturalized citizen, lawful permanent resident, or refugee. Asking about applicants' immigration status (or any protected class) could lead to discrimination claims in the following ways:

• You ask and then intentionally use the information in your hiring decision (illegal)
• You ask and then unintentionally use the information in your hiring decision, likely because of unconscious bias (also illegal)
• You ask and do not use the information, but the applicant believes the information was a factor in your hiring decision (not illegal, but could still lead to legal drama and expense)

It depends on what they're venting about. If they're complaining about conduct that might be illegal, such as harassment or threats of violence, you'll need to investigate. This is true even if the employee asks you not to take action.

If the situation doesn't pertain to potentially unlawful conduct, it can be helpful to ask the employee what they're looking for. For example, ask "Do you just need me to listen, or do you want me to do something?"

At-will employment means that the employer or the employee can end the employment relationship at any time, with or without notice, and with or without cause. It does not, however, allow an employer to terminate someone for an illegal reason, like their inclusion in a protected class or their exercise of a legal right.

Every state (except Montana) assumes the employment relationship is at-will unless there is a legal agreement in place that says otherwise. Assuming you want to maintain the at-will relationship with employees, we recommend including clear language about this in your employee handbook.

Quid pro quo, a Latin phrase meaning "this for that," refers to a specific type of unlawful sexual harassment. Quid pro quo harassment can occur in two ways:

• The harasser promises an employee or applicant a promotion, raise, or other positive employment change in exchange for a sexual favor or the employee's positive response to sexual advance (such as agreeing to go on a date).
• The harasser demotes, reduces pay, or takes other adverse action against an employee or applicant for refusing a sexual favor or advance.