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Q&A

Don’t count on total immunity from references

04/01/2004

Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can’t give any reference at all? Aren’t we protected by negligent referral and reference immunity laws? —M.R., Utah

You’re free to set paid-Holiday policy

04/01/2004

Q. Can our company freely change its paid-holiday policy? Are we bound by certain federal or state laws on holiday pay, for instance? —D.C., Oklahoma

Can you fire a poor performer who’s on FMLA leave?

04/01/2004

Q. Our office receptionist has a history of being late for work and taking unexcused absences. She’s out on FMLA leave to care for her sick mother. Her temporary replacement is doing an outstanding job and always shows up on time. Our CEO has asked if we can keep the new receptionist and tell the other one not to return. Can we? —J.M., New York

Interview the hiring manager before the candidates

04/01/2004

Q. I constantly run into this problem: I pre-screen a candidate who seems like a perfect fit for the job description. But when I send the person to the hiring manager for an interview, I’m told to keep looking for someone better. This is frustrating to the managers, the applicants and me. Any suggestions on how I can improve my pre-screening? —P.B., New Jersey

Worker’s FMLA time expired? Check ADA obligation, too

03/01/2004

Q. An employee’s been on FMLA leave for pregnancy for about 17 weeks. Now that the 16 weeks (12 under FMLA, plus four additional in our state) have expired, we plan to terminate her and let her know that she is eligible for rehire when and if she returns to work. Are we legally safe? —C.A., California

Avoid arbitrary policy on reinstating job titles

03/01/2004

Q. An assistant manager has been out on disability leave for four months, and she’s requested another two months. I want to eliminate the position. How long do I have to keep the position closed before reactivating the job title and responsibilities? —K.J., Mississippi

Be consistent when you discipline and terminate

03/01/2004

Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination? —R.W., California

Use caution in firing employee after On-the-Job injury

03/01/2004

Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn’t trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn’t been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.

Develop rules for using cell phones while driving

03/01/2004

Q. One of our managers was talking on his company cell phone when he struck and injured a pedestrian. Can the pedestrian sue the company? —P.L., Washington

Don’t lower standards for disabled staff

02/01/2004

Q. One of our employees has multiple sclerosis and isn’t meeting our production standard, which calls for 70 percent production level. This employee is achieving only a 59 percent level. From an ADA standpoint, what would be a reasonable accommodation? —M.R., Pennsylvania