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

Q&A

Do you recommend anti-harassment training?

11/23/2011

Q. Our company is considering anti-harassment training for all employees. Some managers and executive are concerned that this will stir up lawsuits. Do you recommend such training?

What are the rules on setting a late policy?

11/18/2011
Q. We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

Can we require credit reports for applicants?

11/18/2011
Q. Is it legal to institute a policy requiring all new hires to submit to a consumer credit report?

Are any noncompetes enforceable in California?

11/18/2011
Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?

What are the details on the IRS’ new ‘classification amnesty’ program?

11/16/2011
Q. We’ve heard the IRS recently announced a new program for employers to reclassify their workers. Can you tell us about it?

What are our obligations to provide notice that a location is closing?

11/09/2011
Q. Due to a downturn in business, we are planning to close one of our stores. Ten employees will be affected. Do we have to give any advance notice to the employees of their layoff?

Can we refuse to consider rehiring a job applicant who we previously terminated?

11/09/2011
Q. We are a larger company. I noticed that an applicant for a position within one of our branches was previously employed and let go by another division. Would it be discriminatory to decline interviewing a candidate for this reason?

What are the risks of using pre-employment tests?

11/09/2011
Q. We’re considering using an online pre-employment screening test designed to determine if an applicant is the right fit for our business. Are there any risks associated with using such tests?

How do we prevent ‘stacking’ of FMLA, sick leave?

11/08/2011
Q. We have an employee who wants to take a chunk of paid time off. She is eligible for FMLA leave. We want to start deducting the time off from her 12-week entitlement. Usually we require employees to provide a medical certification. But in this case, we are more interested in making sure she doesn’t take unpaid FMLA leave later after her paid leave bank is exhausted. Can we just do this?

Worried about ADA: Can we discipline for misbehavior caused by medical condition?

11/07/2011
Q. One of our employees recently violated a work rule by shouting at his supervisor. After the incident, the employee disclosed to the company for the first time that he had a mental disorder that he claims caused his conduct. Can we discipline him, or would that be disability discrimination?