Michael Fox

In a layoff, must we provide severance pay?

05/28/2014

Q. Our company is going to lay off several employees. Are we required to provide severance pay to those employees? If we provide severance pay, can we demand that employees sign a severance agreement stating that they will not sue the company?

How should we handle an upcoming transfer of foreign executive to the U.S.?

05/28/2014

Q. Our company is planning to move an executive from one our overseas divisions to head an important short-term project here in the United States. What type of visa will he need? Any immigration basics you can provide would be helpful.

Is ‘stress’ an FMLA serious condition?

05/01/2014

Q. One of our employees is complaining of “stress and anxiety.” Is that enough to put us on notice of a serious health condition under the FMLA?

Is the government moving to address restrictions on employee discussion of wages?

05/01/2014

Q. We heard that the president recently took action on whether employees are permitted to discuss compensation. Are there any new requirements on employers with regard to these kinds of conversations?

What are the basic rules for conducting background checks that pass legal muster?

04/07/2014

Q. We have several positions in our company that require financial discretion. May we perform background checks on applicants for these jobs?

If business takes a turn for the worse, do we still have to hold job after FMLA?

02/28/2014

Q. Under Texas law, if I have an employee returning from maternity leave, do I have to give her the same job hours as before her leave? The reason for the reduction in hours is due to sales being down.

Can we ask applicant for his social media log-in info and password?

02/28/2014

Q. I am thinking about hiring someone, but would first like to check his Facebook, Twitter and other social media accounts to gain a more complete picture of the candidate. May I ask the applicant for log-in and password access to his accounts?

Can we fire worker who gave notice and promptly started slacking off?

02/05/2014

Q. One of our employees gave us a two-week notice because he found another job. However, now the employee is unmotivated and not focused on his work. Can we let him go before the two-week period is up?

Post-Windsor, what’s the tax status of benefits for same-sex married couples?

02/05/2014

Q. In the wake of United States v. Windsor, we have extended a number of our employee benefits to same-sex married couples. Can you provide any guidance on the proper treatment of flexible spending account (FSA) expenses and health savings account (HSA) and dependent care assistance program (DCAP) contribution limits for same-sex married couples?

What rules must we follow if we must lay off work-visa employees?

10/02/2013

Q. Do we have any duties or obligations if we discharge employees who are in the United States on work visas?