Vigilant Blog

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

Showing posts for: Q&A

Photo of Kandis Sells
Nov 17 2015
Q&AHarassment & DiscriminationTermination & Resignation  

Retaliation claim may succeed despite employee’s falsified letters of reference

Question: Our employee filed a discrimination complaint, and during the investigation we discovered that he recently submitted fake letters of reference with his application for a promotion. Can we terminate him for lying without risk of a retaliation claim?

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Photo of Jon Benson
Nov 02 2015
Q&AWage and Hour  

When to pay travel time for non-exempt employees?

Q: We’re sending a non-exempt employee to the East Coast for training. Do we have to pay her for all that time spent flying and traveling to the destination?

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Photo of Sean Brown
Oct 21 2015
Q&ADrug and AlcoholPrivacy & Confidentiality  

When is it okay to search an employee’s locker?

Q: Our custodial staff found beer cans in the lunchroom. We don’t know who could have been drinking at work and we’d like to search employee lockers in order to find out. Is that okay?

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Sep 21 2015
Q&ALabor Relations

What rights extend to personal vehicles on company property?

Can I require an employee, who parks on company property while at work, to remove a large Confederate flag flying in his truck?

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Photo of Jodi Slavik
Sep 15 2015
Q&AHiring  

What should we do if an employee has missing I-94 information?

Q: While doing an I-9 audit, I discovered missing information for an employee’s Form I-94, which is the arrival/departure record that a foreign visitor receives when entering the United States. When I asked the employee, he says he does not have a Form I-94. What should I do?

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Aug 24 2015
Q&AWage and Hour

What’s the risk in paying a non-exempt employee a salary rather than hourly wage?

Q: We have several employees who don’t meet the overtime exemption requirements, but who prefer to be paid by a salary rather than an hourly rate. The employees really like the flexibility of a salary. Is there any risk to not making them hourly?

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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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