Ask the Attorney Archives

Q. “What are the laws if we hire someone who is on unpaid FMLA from a previous employer. Can we legally hire that person? Can that person legally work for someone?” — Diana, Connecticut

Q: “We have an employee out on Short Term Disability since July 21. His doctor’s note said to come back to work on Sept. 13, according to the disability insurance company. The employee is still out and he says his doctor still wants him out. But we have no proof of this and neither does the insurance company. We know the doctor doesn’t want him to come back with his disability (pacemaker @ age 42). His job requires a lot of above-the-head work and lifting, as well as snow shoveling in the winter (he’s a painter and maintenance man). What are our options? Terminate? Will he be able to receive unemployment? If so, is unemployment based on the disability pay or his normal pay?” — Michelle, New York

Q. “We are a private company that hires people to work on government contracts. Some of those contracts require the employee to obtain a security clearance from the government. Are we allowed to ask prospective employees prior to employment if there is anything in their history that might prevent them from obtaining a security clearance? The questions would include criminal convictions, but also bankruptcy, travel to foreign countries, etc.: — Anonymous

Q. “What is the difference between a supervisor and a manager? For example, is it affected by the number of employees within the reporting structure or education requirements (or is this even a factor)?” — Janice, Tennessee