Q. We fired an employee based on an eyewitness account of theft. We documented that report and put it in the ex-employee's personnel file. That person has now hired an attorney and asked to see the file. We feel that we have no obligation to respond. Do we have to turn it over without a subpoena? —E. I.
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A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to make it to work on time. Must an employer change her work schedule? A job applicant volunteers that he is intellectually disabled but says he can perform his job with a job coach. Is that a reasonable accommodation? Are you prepared to answer those questions ... and more?
Employee benefits are, in many cases, a lot like other pieces of an organization's culture: They're there because, well, they've always been there. But in these days of constantly rising health insurance costs, employers can't afford to keep providing benefits just because that's the way they've done things in the past, said Gary Kushner, president of Kushner & Co. benefits consulting firm ...
Q. In a previous issue you said employers “must keep certain records separate from personnel files.” What, specifically, does “separate” mean—in separate drawers of the same file cabinet? In separate offices? How far apart do they need to be? —T.S., Illinois
Q. I've just joined a new company, and our HR people give out employees' information (wage data, demographic info, etc.) to anyone who calls to request it. Is that right? —P.L., Virginia
HR Law 101: Nowadays, most organizations conduct exit interviews with departing employees to determine why they’ve resigned. Exit interviews can be a great HR tool, but you have to know what questions to ask and, at the same time, what questions to avoid for legal reasons ...