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Q&A

What are the liability risks for health plan administrators?

10/28/2008

Q. I was recently approached by one of our company’s board members and asked to act as the plan administrator for our health benefits plan. I am nervous about assuming formal responsibility for plan administration. Am I subject to personal liability for administering our company’s plan?

What if a disability accommodation might cause morale problems with other employees?

10/28/2008

Q. An employee whose doctor says she cannot stand for long periods of time recently requested an accommodation. The employee requested the opportunity to sit on a stool while she works. We are concerned that giving this employee a stool will prompt other employees to request seats of their own, even though they do not have the disability she does. Do we have to accommodate her request, knowing that it could lead to significant morale problems?

If we have to lay off employees, is severance pay mandatory?

10/24/2008

Q. Our company is about to have a layoff. Are we required to pay severance to the employees we lay off? …

Must we recall laid-off employees if the economy turns around and conditions improve?

10/24/2008

Q. If we lay off an employee, are we required to recall the employee at a later time if we have work? …

What’s the quid pro quo on noncompete agreements?

10/24/2008

Q. We want current employees to sign noncompete agreements. If we do not offer an employee something of value in exchange for signing the agreement, is it against the law to terminate the employee? If we offer something of value, and the employee refuses to sign, can we terminate the employee? …

How far back can we go when conducting background checks on employees?

10/24/2008

Q. We do background checks on our employees. Is there a restriction on how many years we can go back on the employee? …

Is it illegal for employees to use cell phones while driving?

10/24/2008

Q. Our employees often use their cell phones when driving vehicles. Does North Carolina prohibit or limit cell phone use while driving?

How can I make sure proprietary information doesn’t leave when employees do?

10/22/2008

Q. As an employer, what can I do to avoid unauthorized disclosure of sensitive company information when an employee departs?

What can’t I ask job applicants?

10/22/2008

Q. What questions are off-limits on an employment application or when conducting a job interview? …

What constitutes a hostile environment?

10/22/2008

Q. What factors determine whether a work environment is hostile? …