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  • HR Specialist: Employment Law
  • The HR Weekly

Michael Fox

What testing can we do if we suspect employee drug abuse?

12/04/2008

Q. Our company has random drug testing. Can we send an employee to be tested for suspicion of drug use?

What’s this I’ve heard about employers doing away with performance evaluations?

12/04/2008

Q. Is it becoming a practice among employers to quit conducting employee evaluations?

When a collection company calls, may we disclose employee medical info?

12/04/2008

Q. May an employer provide an employee’s medical information to a collection company?

Could we get in trouble? Brief posting led to job for applicant with inside info

12/04/2008

Q. My company posted an internal job position for 24 hours and only one person applied. She got the job. This person knew about the position and the posting because she works in HR. Is this legal to do in the state of Texas?

We’re going to be slammed this month! Must we let employee remain on FMLA leave?

11/06/2008

Q. One of our employees hurt her back lifting boxes. She has been off work for several weeks. We have been counting her absence against her FMLA entitlement. She was scheduled to return to work recently, but she now tells us the healing will take longer than expected. December is our busiest time of the year! Must we continue giving her leave?       

May we replace an employee on FMLA leave?

11/06/2008

Q. We have an employee on FMLA leave. Can we replace her and find a different job for her when she returns?

Can we administer personality tests without running afoul of the ADA?

11/06/2008

Q. My company would like to administer personality tests to job applicants. Does this practice violate the ADA?

Must we comply with a former employee’s request for thousands of e-mails?

10/06/2008

Q. A former employee wants copies of 18-months’ worth of e-mails. That would be an enormous undertaking. Do we have to honor the request? …

Can someone who resigns get unemployment?

10/06/2008

Q. Is an employee who resigns entitled to receive unemployment compensation under Texas law? …

Pay for employee who works through lunch?

10/06/2008

Q. Must we pay a nonexempt employee who voluntarily works through lunch for the time, even though we never requested the extra work? …