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Q&A

Does an employee’s bankruptcy affect whether we can terminate him?

11/02/2009

Q. I recently discovered that an employee who handles my company’s accounts receivable has filed for bankruptcy. Can I discharge this employee?

Should we change our policy to require that all harassment complaints be made in writing?

11/02/2009

Q. Our new plant manager wants me to revise our sexual harassment policy to require employees to submit complaints in writing. He says this will formalize the procedure and help ensure that only valid complaints are filed. I don’t think this is a good idea. Is it?

Can we require an exempt employee to use vacation time to coach his son’s sports team?

11/02/2009

Q. One of our supervisors wants to coach his son’s basketball team and has asked to leave work an hour early twice a week. We told him we do not have a problem with leaving early, but that he would have to use vacation time to cover the time lost. He refuses to do that and says we cannot dock his pay for the two hours because he is a salaried supervisor. Is that right?

Must we accommodate beliefs that don’t seem particularly ‘religious’?

11/02/2009

Q. We have an employee who claims to be a witch. She contends that witchcraft is her religion and has asked for certain holidays off. Are we required to accommodate this employee’s request?

Must we honor 8-hour limit for arthritis?

10/31/2009

Q. An employee brought in a doctor’s note that said, “Employee can work only eight hours a day due to arthritis.” I don’t think that’s an ADA disability. Is it a violation of ADA if we don’t honor this restriction?

How should we treat payroll for a newlywed who hasn’t officially changed her name?

10/30/2009

Q. One of our employees recently got married. She’s informally going by her new last name, but she hasn’t changed her name on her Social Security card and doesn’t plan to. We submit all payroll information using her maiden name. Do we face any liability?

Do we need a ‘HIPAA form’ for personal information unrelated to employees’ health?

10/30/2009

Q. I’d like to know if our company needs a HIPAA form for employees to sign when we release personal information to others. Is HIPAA only for the medical field?

Before we start background checks, should we start asking applicants for birth dates?

10/30/2009

Q. Our job application doesn’t ask for the applicant’s age or date of birth. However, we plan to start conducting background checks on job applicants we’re seriously considering. The company that will conduct the checks for us said the birth date is on all the applications they see and that it’s instrumental to conducting the checks. What should we do?

Can we demand a drug test for an employee recently convicted of drug violations?

10/30/2009

Q. One of our employees was recently in jail for traffic and drug violations. Before he returns to work, what guidelines can we follow to ensure that he’s drug-free? Will we be discriminating if we require a drug test before allowing him back on site, even though we didn’t require such a test when he was hired?

Must you pay for the commute? Sometimes, yes

10/28/2009

Q. One of our nonexempt employees is now working at a different location on Thursdays. This is a temporary assignment with no end date. It normally takes her 10 minutes to drive to work. But now she has to drive 90 minutes. Should she be paid for 1 hour and 20 minutes of travel time (subtracting her 10-minute normal commute)?