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Fred Batten

What are the risks of firing a problem employee?

11/20/2008
Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?

What should we do? Employee on active duty wants to apply for open position

11/20/2008

Q. Our manufacturing company has a current job opening for an engineer. One of our employees who is on active duty in Iraq for six months learned of the position and would like to apply. Do we have to consider his application?

What are the basic changes resulting from the ADA Amendments Act of 2008?

11/20/2008

Q. I have had a number of questions about recent amendments to the ADA. Can you provide a brief explanation of what the changes mean?

What happens when union and employer disagree over what the arbitrator meant?

10/10/2008

Q. Our company has a union, and we recently lost a case in arbitration. The company and the union disagree on what the arbitrator held, and what is required of the company because of the award. The union is threatening to file unfair labor practice charges if we don’t implement the award as they interpret it. What do we do now? …

Are we allowed to do anything that limits political expression at work?

10/10/2008

Q. Some union employees are wearing buttons and T-shirts as well as posting signs advocating presidential candidates. At first it was not bothering anyone, but now it has gotten out of hand. Is there anything I can do to prevent employees from exhibiting their political views in the workplace? …

Can we deduct pay from exempt employees who have used up PTO and FMLA leave?

10/10/2008

Q. We have an employee who has a degree in accounting and is treated as a salaried, exempt professional employee under the FLSA. He became ill and has used his 12 weeks of FMLA leave. He chose to use the PTO leave concurrent with his FMLA leave. Since he returned, he has missed seven additional days of work. Can the company deduct these missed days from his pay without losing the salaried, exempt status?

How do layoffs affect employees on sick leave?

09/12/2008

Q. Our company is planning a layoff, for which we will follow a “seniority” system to decide whose jobs are affected. When I look at our seniority list, I see that some of our current employees are out on medical leaves of absence. How should these employees be treated for layoff purposes? …