Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Q&A

Photo of Diane Buisman
Mar 27 2018
Q&AWage and Hour  

Q&A: Be careful when considering a settlement for back wages

Question: We recently conducted a self-audit and discovered that we underpaid one employee for wages earned. If we pay her the past wages owed and ask her to sign something releasing us from liability, are we covered?

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Photo of Kandis Sells
Feb 14 2018
Q&AWage and Hour  

Q&A: When employee attends voluntary training, is the time paid or unpaid?

Q: We’re planning to offer some voluntary training to employees in the evening regarding internet and social media safety. We don’t have to pay them for time spent in that training, do we?

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Photo of Sean Brown
Jan 17 2018
Q&AHarassment & DiscriminationHiring  

Q&A: Can past lawsuits be a factor in hiring decisions?

Question: We just received an application from a candidate who’s clearly qualified, but we know he sued his last employer for discrimination and we’d rather not hire someone who goes around suing people. Can we get in trouble for rejecting him?

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Photo of Kandis Sells
Jan 16 2018
Q&APrivacy & Confidentiality  

Q&A: Knowing who is authorized to receive your legal documents can prevent lawsuits

Question: We just found out that a former employee was awarded a default judgment of $75,000 against our company, but we didn’t even hear about the lawsuit until just now. Is there a way to get the judgment reversed since we didn’t receive the legal documents?
 

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Photo of Sean Brown
Dec 15 2017
Q&AHarassment & Discrimination  

Q&A: Discrimination – yes, it’s still happening, and employers must take it seriously

The Question: One of our employees is saying his coworkers are using very obscene racial slurs in casual conversation. We trust our supervisors and they’ve said they can’t imagine this is actually happening. What should we do?

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Nov 28 2017
Q&AHarassment & Discrimination

Q&A: When does “creepy” cross the line into sexual harassment?

The Question: A manager told me that two female employees raised concerns about a male employee who was being “creepy”; they said he stood too close to them and made them feel uncomfortable. The manager asked them to report it to HR, but they haven’t come to see me. It doesn’t seem like I have enough to launch a formal investigation. What can I do in this situation?

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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?

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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?

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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?

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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?

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