HR Q & A

Many of our state attorney editors receive questions from their newsletter subscribers about workplace policies, practices, obligations, and responsibilities. These seemingly simple situations, if not handled appropriately, can result in significant legal liability down the road.

Chances are you have heard or asked some of the same questions - or will soon. We'll be adding to the list often, so visit frequently to learn more.

• Incentive packages to encourage workers to leave must comply with OWBPA — New!
• How do I deal with a disabled worker's attendance problems?
• Can I fire a bankrupt employee?
• Looking at the basics of a 401(k) plan
• Can I fire an employee for being loud?
• Worker hands employer tough FMLA, ADA case
• An immigration education for employers
• Employees told not to report overtime:
  how can the company avoid legal trouble?
• Know when workers need to be WARNed
  
• Proper policies provide protection
  
• How do we apply USERRA?
  
• Confusion over benefits for same-sex couples
  
• Does no good deed go unpunished?
  
• Help! It's the birth of a child
  
• When is an employee really a volunteer?
  
• Liability for negligent hiring
  
• Practical pitfalls of the FMLA
  
• Hiring an employee with a criminal past
  
• Handling employees who are hard to handle - part 2
  
• Handling employees who are hard to handle
  
• Does a release help?
  
• Can employees on H-1B visas be laid off?
  
• How can I protect customer information?
  
• What do we do about employee's DUI?
  
• What do I do about a randy employee?
  
• Hard-drinking employee is hitting bottom
  
• Is this what they mean by swing shift?
  
• Isn't it best to hire only temps?
  
• What can we do about a frivolous lawsuit?
  
• Do we have to rehire personnel who were laid off?
  
• Can we talk with disabled ee's relative?
  
• Does she really get 24 weeks of FMLA?
  
• Personal relationships at work okay?
  
• How to manage abuse of sick leave?
  
• Can you keep a secret?
  
• No pay for snow day?
  
• Disability-related poor performance okay?
  
• Do we have to pay overtime on holiday weeks?
  
• How can we maintain confidentiality of medical records?
  
• How to lower workers' comp insurance fees?
  
• How to do evals without creating resentment?
  
• Accommodation for pain in the neck?
  
• Are false harassment claims protected?
  
• We found bullets! Can we search?
  
• Doggone it? Service animals at work
  
• Test your IQ on intellectual disabilities
  
• When can you fill jobs of reservists?
  
• How can we help ill employees?
  
• Can we withdraw an employment offer?
  
• Does it matter if she's a he?
  
• What are ways to avoid liability when firing?
  
• Why can't I fire overweight employees?
  
• How do we figure overtime for workers who live onsite?
  
• Can you reduce exempt's salary sometimes?
  
• Super offensive supervisor = harassment?
  
• Can we fire missing employee?
  
• What are FMLA's recordkeeping requirements?
  
• Background checks: pros and (few) cons
  
• Questioning medical questionnaires
  
• Interview questions you shouldn't ask
  
• How to correct workplace carelessness? (part 2 - the "stick" approach)
  
• How to correct workplace carelessness? (part 1 - the "carrot" approach)
  
• Do we have to promote retiring employee?
  
• Can I fire employee who's on FMLA leave?
  
• Should I warn others about ex-employee?
  
• Standard base pay for employee with fluctuating hours?
  
• What are rights of disabled weekend reservists?
  
• Is this 'old' age comment going to bite us?
  
• What do I do with this EPLI claim?
  
• Can we fire employees who file complaints?