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Ask the Attorney Archives

Where does this employee’s injury fall in the gray area of what’s eligible for workers’ comp?

04/13/2015
Q: “We allow our managers to work remotely from home and to only report to the office once or twice per week. One of our managers spent the night with a friend, did some work on her laptop there the next morning, and then got into a car accident on her way from the friend’s home to the office to pick up some paperwork. Would this accident qualify for workers’ comp or not? She wasn’t traveling from home to work, but she also wasn’t traveling from work site to work site (in my opinion).” – Janet, North Carolina

Should we go to ICE with questionable documents found during a self-audit?

03/23/2015
Q: “While conducting an annual self-audit of employee files and I-9 compliance, I have encountered some questionable documents that I believe to be fraudulent. If I contact an ICE agent to verify these documents, will this then trigger a company wide ICE audit?” – Santana, Texas

Must we give an employee a copy of his drug screen results?

03/09/2015

Q: “I have an employee requesting a copy of his pre-employment drug screen results. It was a negative read, and he was hired. Do I have to provide him a copy?” – Angela, North Carolina

When an employee breaks our travel policy, must we pay for the trip?

03/02/2015

Q: “If an employee violates the written travel policy regarding purchasing plane tickets, can we refuse to reimburse them?” – Rochelle, Florida

At what point can we terminate an employee during a prolonged medical leave?

03/02/2015

Q: “We have an employee who has been on workers’ compensation for nine months. He has requested that his fractured ankle be operated on. Our HR associate wants to terminate him on the grounds that after the operation he would have been on FMLA for over a year. We realize the employee would still be carried by our insurer. Can we legally terminate an employee on workers’ compensation after a year’s medical leave?” – Vincent, Louisiana

Have we been remiss in not reporting injuries to the state?

03/02/2015

Q: “I am relatively new to my job as human resources manager in this facility. I was asking the person who used to handle workers’ compensation claims before I was hired how we were handling them. He stated that for injuries, we have employees use their BCBS coverage. If there are out of pocket expenses, we reimburse them. He stated we do this for two reasons: First, we are fully self-insured, and second, because the injury has never been severe enough to warrant an insurance claim. I am not comfortable with this procedure at all. Is it acceptable to handle claims this way?” – Dorothy, Michigan

The DOL is investigating us! How much are we entitled to know?

02/16/2015

Q: “Our organization just underwent a U.S. Department of Labor Wage and Hour Division investigation. When the investigator was leaving, I asked her if I would ever know why we were being investigated and she told me no, I would not. Is this investigation and the final report anything that I can request through the Freedom of Information Act? During our investigation the name of a company very similar to ours kept popping up in the questioning. I actually asked if they were investigating us by mistake. The investigator just smiled, then asked another question…” – Gina, Michigan

What’s the downfall of reserving these benefits only for certain workers?

02/16/2015

Q: “Can a company pay for 100% of some employees’ medical insurance and not others? Can we offer certain employees life insurance and not others? Can we offer certain employees “business class” on flights longer than five hours and not others?” – Alyson, New Jersey

How do we handle F-1 visas?

02/16/2015

Q: “What are the employer guidelines when hiring someone with an F-1 visa?” – Mike, New Jersey

What is the place of customary practices when they’re not specifically outlined in a CBA?

02/16/2015

Q: “Our union employees are entitled to a bonus for risk in the area of work. Under the CBA, that bonus is stated for the amount of $450.00 per year. For the last 28 years, the employer has been using paying that amount of $450.00 and adding the extra hours to make the computation for each union employee. (That interpretation was made by the accounting department; it is not in the CBA.) The employer wants to pay what is on the CBA only ($450.00) without adding payment for the extra hours. Does past custom between employer and union employees force the employer to continue to act according to the custom that is not in the CBA? Is there a case that discusses this matter?” – Carlos, Florida