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  • HR Specialist: Employment Law
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David B. Ritter

What constitutes FMLA notice?

08/14/2009

Q. An employee called in sick but did not provide any information, other than that he was sick and would not be at work. He didn’t mention the FMLA by name. Was his phone call sufficient notice that he might need FMLA leave?

Pilferage problem: Can we require all our warehouse workers to take lie detector tests?

08/14/2009

Q. We’re finding that there’s been an upsurge of items missing from our warehouse inventory. Can we require our warehouse employees to submit to polygraph tests?

Can I fire a worker who was arrested for DUI?

08/14/2009

Q. As I was reading the newspaper recently, I saw one of my employees featured in the arrest column. She had been arrested the night before for driving under the influence. Committed to maintaining a law-abiding workforce, I would like to terminate this employee. Can I?

Is drug abuse an ADA disability?

08/14/2009

Q. I suspect that an employee is using illegal drugs. Does drug use qualify as a “disability” under the ADA? Do I have to provide the employee with a reasonable accommodation? Or can I terminate his employment?

Under 50 employees? How FMLA could apply to you regardless

08/11/2009

Under the FMLA, employers with 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. But even if you’re a small employer, innocent mistakes could make the “50/75 rule” meaningless to you — and force you to provide FMLA leave. Learn how to avoid that trap.

Lilly and Carlos: Questions and answers on the Ledbetter Act’s unintended consequences

08/04/2009

The Lilly Ledbetter Fair Pay Act was designed to ensure pay equity for women. It does a whole lot more than that! Learn how this landmark legislation affects all protected employee classes and could influence your employee benefits program.

A good deed punished: Voluntary FMLA leave can become a mandate

07/20/2009

Under the FMLA, only employers that have 50 or more employees within 75 miles of the company’s work site are required to provide FMLA leave to their employees. The requirement is commonly known as the “50/75 rule.” Can an employer that has fewer than 50 employees within 75 miles of the company’s work site willingly agree to provide its employees with FMLA rights and benefits? That situation recently occurred in Reaux v. Infohealth Management Corp.

Can we require riffed employees to sign a release before they receive severance pay?

07/20/2009

Q. Under our company policy, employees who are terminated because of a reduction in force are entitled to severance pay. Can we require them to execute a release in order to receive severance pay?

How much access must we grant when an employee asks to see his personnel file?

07/20/2009

Q. One of our employees has asked to review his personnel file. Must we grant his request?

Can we deduct from his paycheck? Employee ruined a company-issued laptop

07/20/2009

Q. One of our employees was issued a company laptop and later corrupted it by downloading games and other nonbusiness software. Can we recover the value of the damaged property from this employee’s next paycheck?