Ask the Attorney Archives

Q: “Can my client put wording in his employee handbook requiring the disclosure of arrests and/or convictions?” – Susan, Michigan

Q: We have five drivers. We told them verbally when we hired them that we may use GPS from time to time to track their activities. This is not in writing, not in the handbook and there is nothing they have signed acknowledging this information. However, we used a GPS device on a driver this past week and found out that he parks his truck sometimes for as long as three hours and clocks this time as working time. What can we do? Can we discipline him for this letting him know that we are aware that he is stealing time? Can we terminate him for this? – Kerri, South Carolina

Q: The ACA covers dependents up to age 26. They are classified as dependents under the provisions of the medical plan of which their parent is a participant. In our employee’s case, a son was 21 at the time that medical treatment was provided. He has failed to pay the deductible for treatment under the plan to the provider. As a result, the medical provider is billing the dependent’s parent and threatening to put the issue into collections and take legal action. The question is, who is responsible for the deductible payment? The dependent here is not declared as a dependent for income tax purposes. – Terry, New Jersey

Q: “I own a temporary staffing agency. I have an employee at a client location who became pregnant in January 2014. She is now showing up late for work and also spending time not working or performing her job duties. We have documented and advised her of her tardiness. At this point, we are wanting to terminate our employment with her due to non-performance. Can you please advise?” – Joey, CA