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Q&A

Will sealing medical examinations shield us from ADA liability?

03/03/2009

Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

Making false sexual harassment complaints

03/03/2009

Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

What factors should we weigh when deciding whether to offer severance package?

02/26/2009

Q. We are downsizing and letting go a long-time employee. We want to help her out by giving her a severance package. What should we consider?

Will I get into trouble for withholding final paychecks from soon-to-be-former employees?

02/26/2009

Q. We’re closing our doors and firing all of our employees. As president, I am considering not paying my employees their final paychecks, even though they have earned that pay. Is this a risk?

Can I convert part-timers to contractors?

02/26/2009

Q. Payroll taxes are hurting our bottom line. May I convert part-time bookkeepers to "1099" employees?

What should we do about a disgruntled worker who disparages us on the web?

02/24/2009

Q. One of my employees has created his own web site. Recently, he has been posting negative comments about our company. Specifically, he has accused the company of failing to provide adequate benefits and paying below-market wages. Can we fire the worker for this conduct?

Should we offer reasonable accommodations even if our employee hasn’t asked?

02/24/2009

Q. One of our employees is experiencing performance-related problems that I believe are attributable to a mental disability. However, the worker has not notified the company that he suffers from an impairment that may be a covered “disability” under state or federal laws. Nor has he asked for any accommodations. Should we nonetheless offer to reasonably accommodate this employee?

Can we hire only ‘careful’ workers to reduce our workers’ comp costs?

02/24/2009

Q. Several recent hires have suffered work-related injuries shortly after beginning their employment. As a result, our workers’ compensation premiums have soared. The company’s CEO, in an effort to avoid this problem, has directed that only “careful” workers be hired in the future. Is this legal?

What can we do? Employee’s other job makes her miss work here

02/24/2009

Q. We have a salaried employee who holds down a second job. Sometimes, she leaves early on Fridays and comes in late on Mondays because the second job overlaps with our office hours. Can we deduct anything from her pay after she has used up her vacation and leave time? Or do we have to pay her even though she leaves early and comes in late?

Is a doctor’s note enough to prevent us from firing employee who broke call-in rule?

02/24/2009

Q. An employee left work on a Monday due to an illness. She called in sick Tuesday and Wednesday, but we heard nothing on Thursday or Friday. Our policy calls for termination if the employee doesn’t contact us within three days. We posted her job on Friday and decided to terminate her. On Monday, her fiancé called to tell us she was pregnant and had complications that led to a hospital visit. We got a note from her obstetrician saying she’d been examined, but not indicating when she could return. What should we do to avoid any legal fallout?