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Carl Crosby Lehmann

Q. What were the recent changes to the Fair Credit Reporting Act?

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Q. We are changing our break policy. What breaks are required and can I require employees to take an unpaid meal break?

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Q. We have employees who live and work in Cali­­for­­nia. We get frustrated that we are not allowed to have them sign a noncompete agreement. Is there anything we can do?

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Q. Do we have to take a nurse’s signature on an FMLA certification? I’d like to have an actual doctor sign the forms so I am sure someone actually saw the employee.

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Q. Sometimes, our employees work overtime and we note those hours in an overtime bank so they can take time off later. One of our employees claims this is illegal and that we have to pay him. Is that true?

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Q. When we were disciplining an employee, the president of our small company told him that he “will always have a job here.” He’s an at-will employee. Are we now obligated to keep him on if he improves?

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Q. On our company website, we post employees’ pictures and a brief overview of their education and professional background. Recently, an employee asked us to remove her information for security reasons. She fears someone may google her name and find out where she works and the area she lives. Thoughts?

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Q. We want to terminate an underperforming employee and are considering offering a severance agreement in which we agree not to contest unemployment benefits and he agrees to resign and release the company from any claims. Is that OK?

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Q. One our employees called in sick for a shift during a recent holiday weekend. He told several co-workers that he didn’t come to work because he was having so much fun at his cabin. According to a few co-workers, he made several Facebook posts about his various recreational activities on the day that he was allegedly too sick to work … Can I ask one of the co-workers to show me the Facebook posts?

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Q. We just found out that one of our managers is having a consensual sexual relationship with someone who reports directly to him. If we confirm with the subordinate that she believes the relationship is consensual, do we need to do anything else?

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