Probably in smaller firms or start ups where the level of knowledge, HR and legal support may be less. Likewise, some US firms (Twitter being a case in point) can need educating but for the most parts, larger companies try and do it properly because of the expense, hassle and publicity impact of doing it wrong. Cases there do occur but more of an exception then the rule.That's correct in theory, but I suspect that many of us have direct or indirect experience of it being otherwise.