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Ask the Attorney Archives

When employees are off-premises and unpaid, what can we decree?

07/15/2013

Q: Two employees got into a fight while on their lunch break. They were playing soccer in an open lot off premises and wearing their company uniforms. No one was hurt, but the Vice President reacted to the incident by banning all employees from playing any sports during their lunch break while on premises or off. Our employees are not paid for their lunch break and they are not part of a union. Can he dictate what the employees can or cannot do on their unpaid time? – Betts, Illinois

Is it legal to bend to our customers’ potentially discriminatory requests?

07/08/2013

Q: We currently hold a Class A license in Home Care. Our clients seek a certain caregiver in respect to color, age, gender, etc. My question is, when seeking employees for a client is it legal to place an ad with the specific requests from our clients? Example: Seeking a Caucasian female between the ages of 40-50 to help care for adult male with FTD.  – Carol, Minnesota

Whose problem is it when a drunk worker misbehaves at the company’s party?

07/08/2013

Q: Can the company be held liable for actions of an intoxicated employee at a company-hosted event? – Christine, New York

Do we need to be on the lookout for applicants who are merely testing our practices?

07/01/2013

Q: When interviewing a candidate for a job, I became suspicious that the job-seeker was a tester. Her answers to my questions seemed as though she was fishing for a slip-up. Does the EEOC send out testers to see whether employers are conducting their hiring processes within the law? What about civil rights groups? – C.B., District of Columbia

Must we grant FMLA leave for elective cosmetic surgery?

07/01/2013
Q: We have an employee requesting FMLA leave for elective cosmetic surgery. She has lost weight and is having excess skin removed and a breast lift. She has the appropriate physician certification paperwork because there will be a surgery and recovery period. Is elective cosmetic surgery covered under a serious medical condition? Do we have to grant FMLA leave, or should the employee take vacation time for this? – Becky, Texas

Can we quiz re-hires about their first time around with us?

06/17/2013
Q: If we have re-hires, can we ask them to fill out a form listing when they worked for us previously, who they reported to and the circumstances around their departure before we consent to re-hire them? – LK, Colorado

We’re suspicious of some intermittent FMLA leave–is it worth it to investigate?

06/10/2013
Q: What steps can be taken if suspected abuse of intermittent FMLA leave exists? For example, needing the leave often on Fridays, etc. The health care provider certification states ‘time off as needed for flare-ups.’

Whose ultimate responsibility is it to file a worker’s compensation claim?

05/23/2013
Q: Our data entry employee has been diagnosed with carpal tunnel in both her hands. She has not submitted a worker’s comp claim but has advised us of her diagnosis. Are we required to file the claim even if she hasn’t? – Carla, California

Involuntary schedule changes: What are the laws–and more subtle ramifications?

05/23/2013
Q: Our Executive Director wants to change an employee’s shift. However, this employee does not want to change his shift. Can we force the shift change, or can he decline? – T., California

Why fuss with performance appraisals for part-timers?

05/23/2013
Q: Are annual appraisals required for part-time employees? – Pamela, West Virginia