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Q&A

What if E-Verify shows someone isn’t authorized to work?

08/19/2008
Q. What happens if I run an E-Verify check on an employee and find out he or she is an unauthorized worker? …

What are the rules on employee access to personnel records?

08/15/2008

Q. Are we required to allow employees to inspect their personnel files? Must these files be retained at each office (rather than at a centralized location)? …

Can we do anything about employees discussing pay with one another?

08/15/2008

Q. Can we prohibit workers from discussing their pay with each other? This practice appears to be creating workplace conflict and damaging morale in the office …

What are our responsibilities concerning breastfeeding in the workplace?

08/15/2008

Q. A number of our employees are pregnant. What are our obligations to accommodate their need to breastfeed when they return to work? …

Fired employee wants termination letter, access to personnel files

08/12/2008
Q. An employee we recently terminated has asked us to provide him with a letter explaining the reasons for his termination. He also has asked for a copy of his personnel file. Are we required to respond? …

Can severance agreement rule out seeking unemployment comp?

08/12/2008
Q. In exchange for severance benefits, we would like a departing employee to promise not to file a claim for unemployment compensation. Can this be a term of our severance agreement? …

Can we ask current employees to sign noncompete agreements?

08/12/2008
Q. Is it possible for an employer in Minnesota to enter into an enforceable noncompete agreement with an existing employee? …

Must we provide time off to attend the Republican National Convention?

08/12/2008
Q. An employee who has used all his paid time off has asked for a leave of absence to attend the Republican National Convention. He is a delegate. Are we required to grant the leave? …

Can we withhold accrued vacation pay if employee doesn’t give two weeks’ notice?

08/12/2008
Q. Our company policy is to not pay an employee for unused vacation time if the employee resigns without giving the required two weeks’ notice. A former employee has challenged this policy and is threatening to take the company to court. Is this policy lawful? …

May we terminate a disabled employee who can’t perform an essential function?

08/08/2008
Q. One of our employees was hired to a position that requires her to drive to customers’ offices. When we hired her, she reviewed and signed a job description that included a statement “that transportation was an essential function of her job.” Public transportation is not a realistic option. She recently received test results suggesting she might be suffering from multiple sclerosis. She provided a return-to-work slip indicating she would be able to return to work on a part-time basis but would not be able to drive or do heavy lifting. We told her we cannot accommodate her restrictions, but we provided a four-month leave of absence. Assuming she will not be able to drive when she returns, are we within our rights to discharge her? Are we going to violate her rights under the ADA or Michigan disability laws? …