Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Jackie Marks
May 05 2017
Q&ADisabilityDrug and Alcohol  

Q&A: Is leave for jail time a reasonable accommodation for alcoholism?

Question: We have an employee who requested time off because he was in jail due to a Driving Under the Influence (DUI) conviction. We want to take action due to his excessive absenteeism. Do we have to grant him time off as a reasonable accommodation for alcoholism?

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Photo of Karen Davis
Apr 27 2017
Q&ASafety and HealthWorkers’ Comp  

Q&A: Can we discipline for failure to promptly report an injury?

Question: Today an employee said she hurt her back at work three days ago. Our policy requires immediate reporting of work-related injuries. Can we write up the employee for failing to promptly report her injury?

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Photo of Jodi Slavik
Apr 18 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Hiring a transgender receptionist

Q: We interviewed an applicant for our receptionist position that was dressed as a woman but looks like a man. My conservative boss doesn’t want to hire her because she might turn off customers. Is this a legitimate reason not to hire her?

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Photo of Jodi Slavik
Apr 18 2017
Q&AHiringPrivacy & ConfidentialityTermination & Resignation  

Q&A: Use caution before telling the truth about former employee

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

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Photo of Sean Brown
Mar 07 2017
Q&AImmigration  

Q&A: What to do if ICE contacts your business

Question: Given recent publicity about increased immigration enforcement, what should we do if a representative from Immigration and Customs Enforcement (ICE) makes contact with our business?

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Photo of Jon Benson
Feb 22 2017
Q&ALeave Laws  

Can an ex-employee who joined the military demand their job back?

Q: Over four years ago we threw a big party for an employee who was joining the US Marine Corps. She never said anything about returning to work for us and we understood she was pursuing a military career. Yesterday she unexpectedly showed up and asked for her job back. Do we have to rehire her?

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Photo of Jodi Slavik
Feb 06 2017
Q&ADisabilityHiringTermination & Resignation  

Q&A: Think twice before revoking job offers based on red flags

Question: We just found out our new hire was fired from his last job for bad attendance, after which he sued the company for disability discrimination. We’re worried he’s not a fit. Can we revoke the conditional job offer?

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Photo of Sean Brown
Feb 01 2017
Q&ALeave Laws  

Do we have to give FMLA leave to remote employees?

Q: Are our employees that work remotely, in homes that are more than 75 miles from our nearest location, eligible for FMLA?

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Photo of Jackie Marks
Jan 24 2017
Q&AEmployee Benefits  

Should we appeal a Marketplace employer notice issued under the ACA?

We received a Marketplace notice in the mail, stating that one of our employees has enrolled in medical insurance coverage from the Marketplace and reported she was not offered health coverage from us. We admit that she wasn’t offered insurance, but only because she works 25 hours per week. Do we need to appeal the employer notice?

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Jan 09 2017
Q&ALeave Laws

Oregon Sick Leave law: Are we required to provide more time off?

Q: We give employees the choice of whether to apply paid time to sick leave absences or hold on to it for vacation. Several employees used up all of their protected leave for vacation, but now they’re calling in sick. Do we have to give them more time off for sick leave or can we count the absence under our attendance policy?

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