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  • HR Specialist: Employment Law
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Q&A

Verifying FMLA leave for chronic conditions

02/01/2008

Q. An employee has a chronic condition that’s been medically certified. What information can we request to verify that his absences relate to his medical condition? — D.J., Florida …

When English-Speaking staff resent Spanish chatter

02/01/2008

Q. We have a collegial atmosphere in our small factory. But several of our production line workers who don’t speak Spanish are complaining that bilingual employees chat among themselves in Spanish, leaving the others out of the loop. Everyone speaks English when talking about work, so it’s not a safety issue. Still, the non-Spanish speakers resent the Spanish chatter and wonder if they’re being talked about. What can we do? — L.C, Illinois …

When can we dock commissioned worker’s check?

02/01/2008

Q. We have an employee on pure commission who is taking three days off this week. Can we subtract the average of three days’ commission from his check? — L.L., Texas …

The risk of references

02/01/2008

Q. May a former employee sue me for giving a bad reference? …

Handing over the final paycheck

02/01/2008

Q. When and how must I deliver a fired employee’s final paycheck? …

Refusing to return from leave

02/01/2008

Q. A worker who was injured on the job but now is better is refusing to return from leave. What can we do? …

Lying about a work injury?

02/01/2008

Q. I suspect that an employee out on workers’ compensation is lying about the extent of her injury. May I require the employee to have another medical examination? …

Limits on workers’ comp leave?

02/01/2008

Q. Is there any limitation on how long workers’ compensation leave may go on? …

Giving employees a reason for discharge

02/01/2008

Q. I own a small business with 27 employees. Last month I was forced to terminate one of my employees who had been caught stealing. Because I knew he was having some trouble at home, I agreed not to contest unemployment. However, I just received an e-mail from this former employee asking me tell to him, in writing, why I fired him. I cannot shake the feeling that I am being set up for something. After all, I told him during his termination meeting that he was being fired for stealing. Do I have to respond to this request? …

Inappropriate info on old applications

02/01/2008

Q. I was recently hired as the first-ever HR director for a company that has been in business for more than 40 years. While reviewing employee files, I was aghast to find applications from the late ’70s and early ’80s asking very inappropriate questions—the applicant’s political party, religious faith and even family planning goals. I know times have changed, and the company’s applications have been EEO-compliant for more than 20 years. But I worry that the company will get in trouble with the EEOC or other government agencies if the old applications are found in our files. Should I have older employees who filled out the inappropriate applications all those years ago complete and submit current EEO-compliant applications? …