Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Jodi Slavik
Nov 21 2017
Q&ADisabilitySafety and HealthTermination & Resignation  

Q&A: Accommodate for Questionable Religious Belief?

Question: We recently instituted a no-beard policy to ensure that men can securely wear their required safety masks. However, one of our Muslim employees refused, citing the Prophet Muhammad. I’ve studied the Quran, and I know that it doesn’t require beards. Can we discipline or fire him for not shaving?

Read More…
Photo of Jackie Marks
Nov 20 2017
Q&ADisabilityLeave Laws  

What to do after an employee’s FMLA leave expires

Question: We have an employee who took 12 weeks of FMLA leave because of her own serious health condition. Her leave is now expired but she still isn’t able to return to work. Can we terminate her employment since she doesn’t have any FMLA leave left?

Read More…
Photo of Diane Buisman
Oct 16 2017
Q&ADisabilityEmployee BenefitsLeave Laws  

Q&A: Offer equal amounts of paid parental leave to men and women

Question: We are a family friendly company and would like to offer 2 weeks of paid leave to new fathers and 6 weeks of paid leave to new mothers. Are we allowed to do this?

Read More…
Photo of Diane Buisman
Oct 11 2017
Q&ASafety and HealthTermination & ResignationWorkers’ Comp  

Q&A: Termination after workplace injury may trigger workers’ comp retaliation claim

Question: One of our employees seriously injured his hand at work after just a couple of days on the job. Based on the nature of his injury, it seems obvious that he must have committed a safety violation. Can we fire him?

Read More…
Photo of Diane Buisman
Oct 09 2017
Q&AVigilant NewsWage and Hour  

OREGON: Common questions answered on recent legislation

Vigilant recently held a webinar covering 2017 legislation impacting Oregon employers with new overtime and maximum hour rules for manufacturers, predictive scheduling, amendments to Oregon’s sick leave law, and pay equity. We’ve received some great follow-up questions regarding the overtime and maximum hour rules for manufacturers, as well as questions about Oregon’s…

Read More…
Photo of Karen Davis
Sep 19 2017

Q&A: Don’t make any employment changes in light of DACA rescission

Question: I understand the Deferred Action for Childhood Arrivals (“DACA”) program was rescinded. One of our employees obtained work authorization through the DACA program. Do I need to fire her?

Read More…
Photo of Jackie Marks
Aug 28 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Altering usual hiring process could lead to retaliation charge

Question: A former employee has reapplied for a job at our company. After she quit about three years ago, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charges were dismissed, but we don’t really want her back again. We don’t have to hire her, do we?

Read More…
Photo of Sean Brown
Aug 08 2017
Q&AWage and Hour  

Can employees volunteer to work?

Q: We’re working with new equipment and a few employees have asked us if they can volunteer to stay after their shift to learn how to use the new technology that operates the machines—should we let them?

Read More…
Photo of Jodi Slavik
Jul 18 2017
Q&APrivacy & Confidentiality  

Think twice before telling the truth about former employees

Q: We just got a call from a business that wants to check on a former employee. They faxed a release she signed waiving liability for information we share. Are we safe telling them the truth about what a bad employee she was?

Read More…