Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation?
Q. A job description says “a bachelor’s degree or equivalent work experience” is required. An employee in that job has proven he can do everything the job description entails and then some. Is it legal to tell him the raise (within reason) cannot be justified to the board of directors because he doesn’t have a college degree?
Q. If we see in the local paper that one of our employees has been charged with possession of an illegal substance, is that enough cause to have him take a drug screen?
Q. We are a retail company with about 200 employees. We have six different departments. The supervisors are not agreeing on an overall dress code. They wondered if there’s any legal risk in having each department make and follow its own dress code. (Everyone works in the same office space.)
Q. We have an hourly employee who does clerical work during her normal 40 hours. She would also like to start cleaning the office two nights per week. Since these are two separate jobs, would she get overtime or could it be a separate payment?
Q. If an employee is not available to sign his or her time sheet, can the supervisor sign the employee’s name and include the supervisor’s initials and a comment stating that the employee is not available to sign?
Whether you’ve recently purchased a traditional desktop computer or laptop, or a new touchscreen Ultrabook or Surface, you probably have the Windows 8/8.1 operating system. You may remember the gnashing of teeth when going from Windows 3.1 to Windows 95, or maybe the ruckus caused by moving from DOS to Windows! Now you have to [...]
Q. We approved an employee to take FMLA leave to care for her seriously ill father. The problem is that her supervisor has shared the details of the dad’s illness with other employees. This is a breach of confidentiality. The employee has complained. What should happen to the supervisor?
Q. How long do we have to hold a position for an employee on maternity leave if we employ fewer than 50 people? Our company policy says eight weeks, but what I have found ranges from six to eight weeks from birth. The FMLA says 12, but we do not seem to qualify for that due to our size.
Q. Can you direct me toward information regarding new-employee introductory periods and what impact this may have on “at-will” classification?