Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: Q&A

Photo of Jon Benson
Jul 29 2015
Q&AEmployee BenefitsTermination & Resignation  

Can an employee who voluntarily quit still get unemployment benefits?

We just received a notice from the Employment Department letting us know that one of our former employees has filed for unemployment benefits. This employee voluntarily quit a few weeks ago; can he now qualify for unemployment?

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Photo of Sean Brown
Jul 14 2015
Q&ALeave Laws  

Could an employee’s text to a supervisor trigger FMLA?

Is a text from an employee to their supervisor enough to excuse the employee’s absence and/or trigger FMLA?

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Photo of Lorraine Hoffman
May 18 2015
Q&ADrug and Alcohol  

Anonymous tip on drug use alone not enough to justify test

Question: Our office has received an anonymous tip that one of our employees regularly uses marijuana. We have a zero tolerance drug policy that includes reasonable suspicion testing. Can we send her in for a drug test?

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Photo of Jon Benson
May 11 2015
Q&AHiring  

Designate representative to review remote employee’s I-9 documents

Question: We hired a remote worker and don’t have someone to review I-9 documents or complete the form in person; what should we do?

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Photo of Kandis Sells
May 07 2015
Q&ATermination & Resignation  

When should an employee sign a release agreement for severance pay?

Question: We are terminating an employee and would like to offer severance pay. Should we ask the employee to sign a release agreement and how long should we give the employee to consider whether to sign?

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Photo of Sean Brown
May 04 2015
Q&AHarassment & Discrimination  

Reassigning harassment victim is risky

Question: We have two employees who just can’t seem to get along. One of the employees brought a harassment complaint against the other alleging, among other things, inappropriate sexual advances and cussing. Can we separate the two employees, by moving the alleged victim to another area, and be done with the situation?

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Apr 09 2015
Q&AWage and Hour

No easy solutions for avoiding overtime pay

Question: We have two related companies with common ownership. Employees often work a shift with one company and then work a second shift with the other company. As long as the work for each company never goes over 40 hours per week, we don’t have to pay overtime, right?

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Photo of Jodi Slavik
Mar 31 2015
Q&AWage and Hour  

Do employees occasionally working in Seattle get a minimum wage bump?

Q: Our business isn’t in Seattle but we have some employees who occasionally work there. Do we have to pay the new minimum wage to these employees starting April 1st?

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Mar 23 2015
Q&ADisability

Is a new supervisor a reasonable accommodation for a mental health disability?

Question:  An employee with a behavioral/mental health disability requested a new supervisor as a reasonable accommodation, saying they no longer get along as the motivation for the request. Is this a reasonable accommodation?

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Photo of Sean Brown
Mar 03 2015
Q&ALeave LawsWage and Hour  

In California, Oregon and Washington: Are employers required to pay out sick leave?

Q: Do any of the new paid sick leave laws in various cities throughout Washington and Oregon, or the state of California, require employers to pay out unused sick leave?

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