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Michael Fox

Q. I recently fired an employee for performance problems. At the end of the termination meeting, he asked for a copy of his personnel file. Do I have to give discharged employees copies of their personnel files?

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Q. One of my employees who recently quit has failed to pay back a personal charge he made on our corporate credit card. Can I simply deduct the amount of the charge from his last paycheck or withhold his final paycheck until he pays for the charge?

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Q. Is an employer required to pay workers for their unused vacation days when they resign or are terminated?

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Q. Can noncompetition agreements be enforced against at-will employees in Texas?

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Q. What kind of documentation can an employer request to verify a worker’s contention that he suffers from a learning disability that requires accommodation? Must we pay for the evaluation?

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Q. Can you give me a rundown on the “card check” law everyone is so afraid will transform labor-management relations?

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Q. I recently heard that employers must now use a new I-9 form for new employees. Is this true?

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Q. Our company just received a citation from the U.S. Occupational Safety and Health Administration. The proposed penalty is only $120. Is it worth getting a lawyer involved, or should we just go ahead and pay the fine?

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Q. May an employer include language in its sexual harassment policy imposing discipline on employees who bring false claims of harassment?

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Q. To accommodate out-of-state applicants, we want to conduct medical exams when workers interview on-site for jobs. The test results would be sealed and would be reviewed only if an applicant were offered and accepted a conditional offer of employment. This would reduce the number of trips an applicant would have to make before starting work. Would such an arrangement violate the ADA?

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