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Ask the Attorney Archives

Employee may have engaged in wrongdoing–what if a prospective employer calls?

08/28/2017
Q: “We had an employee quit after being questioned about improper use of the company fuel card. If I receive a reference call, what information can I disclose?” – Brenda, South Carolina 

Are general checkups after birth covered by the FMLA?

08/28/2017

Q: “An employee took FMLA leave for her pregnancy, with no medical issues during or after birth. Are wellness checks for the baby covered under the FMLA even though no serious health condition exists?” – Robert, New Mexico

Not enough notice, no payout of PTO?

08/28/2017
Q: “My employer requires six weeks’ notice when someone wants to quit. If an employee does not give six weeks, that employee cannot receive their accrued paid time off, even though they earned that money. Is that allowed? I am an at-will employee with no employment contract.” – Anonymous, Virginia

What steps can we take to keep pay from being discussed?

08/28/2017
Q: “Is it legal for a small, privately-held business to make it company policy that staff are not to discuss their contracts, pay or benefits with each other? If the policy is violated, is it legal to make it grounds for termination after three write-ups?” – Lisa, Virginia

Medical confidentiality: What does ‘need to know’ really mean?

07/10/2017
Q: “I am currently taking training on the ADA and I understand the overall guidance regarding medical confidentiality. What I find confusing is the definition of the ‘employer’ and what HR, managers and supervisors are allowed to know about employees’ medical conditions. Often an employee discloses a condition to their manager directly. And how can the two parties engage in the interactive process without the employee letting the supervisor know what the issue is? I’ve heard the answer to this is, ‘It’s need to know.’ For example, an employee tells their manager they need to start their job later due to ‘problems’ they are having. Can the manager ask what the problems are and if they are medically related, or should they send the employee directly to me?” – Anonymous, New York

The job offer was yanked when the company got cold feet. What are the ramifications?

07/10/2017

Q: “A nonexempt administrative assistant in my organization, who has a business admin college degree and 15+ years’ experience, interviewed and was selected for an exempt position. Now HR management is telling her that ‘the jump is too big.’ I assume they mean pay, and are telling her the job cannot be offered to her. The admin is quite upset. Any advice?” – Anonymous, Washington

Who exactly must obey the NLRB?

07/10/2017

Q: “Do the decisions of the National Labor Relations Board apply to all employers, or only certain employers when it involves sharing confidential information as a result of an investigation?” – Anonymous, Virginia

When an employee’s workload depends entirely on someone else’s, can we vary pay?

07/10/2017

Q: “We are a medical practice and have salaried professionals (CRNAs) on staff. When the physician is not working the CRNA is not working, but is still getting paid because she is a salaried employee. I understand that we cannot decrease her pay, right? If not, are there other options that we have?” – Barbara, Virginia

Are any qualifications necessary to access sensitive employee files and information?

07/10/2017
Q: “If someone is hired as an HR consultant but is not certified in any way, do they have the right to access my employee files, salary, etc.?” – Penny, Washington

What to do if a raise was promised, but it didn’t happen?

06/20/2017
Q: “Upon occasion I have come across an issue where a manager communicates to an employee in writing that they will receive a specific increase to their base salary, but then the organization is not able to come through. Does the employee have a legal remedy in this scenario, and other than ‘forcing’ the employer to pay whatever amount is owed, are there additional risks the organization faces if they don’t deliver on what was committed to the employee?” – Lara, New York