• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Q&A

Post Job Openings In-House

05/01/2002

Q. We rarely post high-level management jobs internally. Must all jobs be posted internally so that someone can’t file suit claiming “pre-selection” or that he never had a chance to apply? —K.L., California

Vacation Accrual Isn’t Required During FMLA Leave

05/01/2002

Q. I’m under the impression that our company is obligated to give employees all vacation accrued up to the time of their FMLA leave, but we’re not obligated to let employees accrue vacation leave during their FMLA leave. Am I right? —B.K., Wisconsin

Banning Unsolicited Résumés

04/01/2002

Q. Our company doesn’t want to consider unsolicited résumés as applicants. We are trying to come up with a legally sound definition for “applicant” so we can write an official policy. —H.D., Wisconsin

Indemnify a Noncompete? Not So Fast

04/01/2002

Q. We want to hire an individual who signed a noncompete with his current employer. He asked us to indemnify him in the event his employer sues him. What are the legal risks associated with agreeing to indemnify him? —V.M., Virginia

Health Plan Cancellation Ends Your COBRA Obligation

04/01/2002

Q. Our business recently was forced to implement layoffs—and most remaining employees walked off the job. All were given a COBRA notice, but only one chose to take the coverage. Since this was a group insurance policy and only one person will now be insured, the insurer is cancelling our policy. What’s our responsibility to that ex-employee? —G.B., Texas

Rehiring Is Your Call

04/01/2002

Q. We have a number of Hispanic employees who speak little or no English. One of these employees recently resigned through a Spanish-speaking co-worker acting as interpreter. She quit after we denied a raise because of problems with her timecard. Her mother called and demanded that we rehire her daughter. Are we under any legal obligation to rehire? —W.K., Maryland

Capping Sick Pay

03/01/2002

Q. One of our managers has medical problems (she qualifies for the ADA and is in an age-protected class) and has used a significant amount of sick pay. Because we don’t have a defined sick pay policy, this manager is paid sick time whenever she’s out (full day or half day). How can we legally cap this? Is the development of a policy with specific hours our only alternative? —F.E., Georgia

Night-Shift Liability

03/01/2002

Q. Our company doesn’t have a policy on night shifts, but we’ve asked one of our hourly employees to work from 1 to 9 p.m. without any supervision. If something should happen to the employee while on night duty, are we liable for it? I’ve checked with my state labor department and workers’ comp office, and they say we’re not. —L.R., Florida

‘Working’ Supervisors and Exempt Status

03/01/2002

Q. We have an hourly worker who oversees both the maintenance and housekeeping departments and supervises two employees. In this job, he has the authority to hire and fire, but he also is a “working” supervisor who performs maintenance in and around the property. Can his status be changed to salary/ exempt? —T.W., Texas

Enforcing Sales Quotas

03/01/2002

Q. As a large retail business, we employ several “demo staffers” who present products to shoppers in the hope they’ll buy them. Recently, given economic pressures, we’ve had to put increasing pressure on our demo staff to increase sales up to 200 percent. If a demo staffer doesn’t meet the new goal, can we terminate her? Do these workers have legal recourse should they be fired? —T.P., California