Susan Lessack

Q. Can we require an employee to receive psychological counseling or treatment if his behavior has become a hindrance to his job performance?

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Q. Are there any legal issues regarding employee gift-giving during the holidays? What about giving or getting gifts from vendors?

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Q. An employee who is unable to work has been out on FMLA for the past few weeks. Our holiday party is coming up next week. Should I allow her to attend if she wants to?

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Q. Do we have to pay employees for the time they spend changing into their uniforms before work and out of their uniforms afterward? We’re a hospital and our operating-room personnel must change clothes.

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Q. One of our employees is out sick and has already used up all her sick leave hours. Can we legally subtract from her vacation time instead?

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Q. Our CEO just implemented a new employee evaluation goal that calls for employees to do charitable volunteer work throughout the year. The more they volunteer, the higher the points they receive on their review, ultimately increasing their salaries. Can we do this without risk?

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Q. Can we legally open all mail delivered to employees at the office? What if it is stamped “confidential,” can we still open it? This is getting to be a problem because our mailroom opens all mail automatically.

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Q. On our applications, can we include a question that asks if applicants are related to any current employees?

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Q. An employee who’s been employed since May is out on workers’ comp and will be for a while. Do I send her FMLA paperwork even though she hasn’t met the criteria of being employed for at least a year? It’s my understanding that I should send it to everyone who requests leave, and only after they return the paperwork should I determine if the person is, in fact, eligible.

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Q. We’ve started requiring employees to repay (through payroll deduction) training costs if they quit or are fired within one year. Are we OK legally?

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