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Susan Lessack

Q. Our company pays quarterly and annual bonuses, depending on the position. If an employee is with us throughout the entire quarter/year, but leaves before we pay out the bonuses, is he still entitled to one? We don’t have a policy stating that you must be employed at the time the bonus is paid.

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Q. We offered a job to an applicant who was located out of state. We orally promised her a position and gave her a start date. As the date grew closer and we were finalizing the offer letter, there was a hiring freeze and we had to withdraw the offer. She has now threatened to sue us. Does she have a case?

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Q. Is it illegal for a company to prohibit employees from sharing salary and wage information?

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Q. Can I require an independent contractor to provide weekly sales reports (number of contacts made, closed sales, contracts sent, etc.) without turning our arrangement into an employer/employee relationship?

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Q. We have an employee who was out six months with a heart condition. He has had performance problems on and off since then. Now we face a morale issue because he constantly talks about his illness, and his co-workers feel he isn’t performing. If we terminate him, what is the best approach?

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Q. Are we required to let terminated employees come in and view their personnel files, or can we copy the information and send it via mail? One of our fired employees has hired an attorney and wants to see her file.

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Q. One of our employees, who has diabetes, is on the road a lot tending to patients in their homes. We’ve heard that she is having trouble seeing patient charts and difficulty pricking patients’ fingers for tests. What should we do?

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Q. An employee of ours has filed several sexual harassment complaints. But when we have investigated, they have turned out to be false. Can we do something about her?

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Q. We have a good reason to believe that one of our employees is divulging proprietary company information to a friend of his who works for our competition. We have a device that would allow us to listen in on his phone conversations, but not record it. Is it within our rights as an employer to listen in on his calls?

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Q. We have a pregnant employee who is planning to take maternity leave soon. Her performance has deteriorated badly during her pregnancy, but we don’t think her pregnancy has anything to do with it. Can we terminate?

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