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Q&A

Can we use personal e-mails we discovered to defend against former employee’s lawsuit?

05/11/2010
Q. After a recently terminated employee sued our company for discrimination, we undertook a forensic examination of her work-issued laptop. We found, saved in the cache of the web browser, e-mails she sent to her attorney from her web-based, personal and private e-mail account. Can we use these e-mails in the lawsuit?

What must we do to accommodate a nursing mother in our workplace?

05/11/2010
Q. One of our employees just returned from maternity leave and is now requesting that we accommodate her need to pump breast milk during the workday. Do we have to make this accommodation?

How does the EEOC process work?

05/11/2010
Q. My company just received notice that an employee filed a discrimination charge against us with the EEOC. What happens now?

Returning temps and the FMLA: What are our obligations as the client company?

05/06/2010
Q. A staffing agency has informed my company that a temporary worker who was previously assigned to us is returning from a leave under the FMLA. What are our obligations to this individual?

OK to test for alcohol under ADA?

05/06/2010
Q. We suspect some employees come to work drunk. Are workplace alcohol tests lawful under the ADA?

Shouldn’t applicants disclose disabilities?

05/06/2010
Q. We recently extended an employment offer to someone who was later determined to be unable to perform the essential functions of the position because of a visual impairment. As a result, we wasted a significant amount of time and missed the opportunity to hire other qualified individuals. Aren’t workers obligated under the ADA to disclose to an employer that they suffer from a disability?

Can employees moonlight while on FMLA leave?

05/06/2010
Q. One of our employees is off on FMLA leave to care for a sick child. But we know she is also working a second job. We need her back and it seems to me if she can take part-time work, she could work at least a reduced schedule for us instead. Can we cancel her leave?

What is legal discipline for unauthorized overtime?

04/30/2010
Q. I know I can’t refuse to pay an hourly employee who works overtime even though I never authorized it. What I don’t understand is what kind of discipline should I implement? Can I, for example, deny a cost-of-living increase?

Should we pay for employee’s drive from his home to a training seminar?

04/28/2010
Q. What if an employee drives his own car to a seminar that’s two hours away? Should he get paid for his driving time to and from the seminar, even if he leaves from home and drives straight home afterward?

Can we require women to repay maternity leave benefits if they quit before returning to work?

04/28/2010
Q. Our maternity leave policy offers paid leave for female employees who plan to return to work after the birth of the child. If the employee quits before returning to work, she’s required to reimburse the company for the paid leave. Is this lawful?