Q&A

Should you encourage job candidates to reject other job offers?

11/01/2007

Q. Our company recently offered a job to a highly skilled software designer. Upon offering the worker a position, she informed us that she had accepted a similar position with one of our competitors. However, she told us that she would rather take our offer. What should we do? ...

Gender identity and dress codes for males and females

11/01/2007

Q. The company I work for has had an employee dress code since the company was incorporated. Recently, a male employee began coming to work dressed as a woman. His supervisor asked me if this violates the dress code. If so, can the supervisor require the male employee to dress according to the dress code for males and discipline him if he doesn’t? ...

Recouping company-paid health plan premiums after FMLA leave

11/01/2007

Q. While my employees are out on FMLA leave, we pay our share of health plan premiums on behalf of them. If an employee does not return to work following his FMLA leave, can I recover those premiums directly from the employee? ...

Leave-Of-Absence accommodation and the New Jersey Law Against Discrimination

11/01/2007

Q. I have an employee who has a handicap, as that term is broadly defined under the New Jersey Law Against Discrimination (NJLAD). It would not qualify as a disability under the ADA. I know that a reasonable accommodation under the ADA can include a short leave of absence. In the absence of an ADA disability, do I have to provide a leave of absence as an accommodation for a handicap under NJLAD? ...

Is there any requirement to offer vacation benefits?

11/01/2007

Q. Must I offer vacation time to my employees? If I do, must I pay terminated employees for their unused vacation time? ...

Injured playing on company team

11/01/2007

Q. If an employee is injured at a company-sponsored softball game, where participation is purely voluntary, is the injury compensable under workers’ compensation? ...

Minimum wage in North Carolina

11/01/2007

Q. What is the minimum wage for North Carolina employees? Is it different than the federal minimum wage? ...

Must small businesses provide COBRA-Like continuation health coverage?

11/01/2007

Q. My company has fewer than 20 employees. Must my group health insurance policy still provide COBRA-like continuation coverage to terminated employees? ...

What does 'Right to work' mean in North Carolina?

11/01/2007

Q. I always hear North Carolina is a “right to work” state. Does that mean there are limitations on how or why I may be fired? Does that have anything to do with “employment at will”? ...

Hiring for the nonsmoking workplace

11/01/2007

Q. May I refuse to hire a smoker? ...

What to do after salaried employee maxes out leave

11/01/2007

Q. I have a salaried employee who used all his vacation and sick time. He is allowed a total of 21 days and has used 22, but he wants to take more vacation in November and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? This may be an ongoing thing every year ...

Foul play: Can employee sue over offensive odor comments?

11/01/2007

Q. An employee of ours has a very distinct, offensive odor. I received several complaints about the smell, so I confronted the employee, hoping to rectify the situation. Unfortunately, he did not respond well and threatened to sue. Does he have a case? ...

Workers' comp for injury at social event?

11/01/2007

Q. Is an employee who injures herself at a company-sponsored picnic eligible for workers’ compensation? ...

How do oral promises affect an 'Employment contract'?

11/01/2007

Q. Do oral promises my employer made during my job interview or during my employment constitute part of my contract of employment? ...

Dock pay as part of discipline?

11/01/2007

Q. Under the Fair Labor Standards Act, may I dock an employee’s pay as a disciplinary penalty? ...