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  • HR Specialist: Employment Law
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Louis DiLorenzo

Are there limits on the kind of political activity employees can engage in?

01/09/2009

Q. In New York, can an employee be prohibited from engaging in political activity?

Termination and the right to see records

01/09/2009

Q. In New York, does a terminated employee have the right to see his personnel file or other documents?

Can employees plead the Fifth Amendment during an investigative interview?

12/18/2008

Q. Our company recently discovered some theft in our operation. We called an employee in for an investigative interview. He claimed to have consulted with an attorney and refused to answer our questions on the grounds that he could not be forced to incriminate himself under the Fifth Amendment. What are our choices?

Must we pay for short smoking breaks?

12/18/2008

Q. Would a brief clock-out (initiated by the employee) of less than 20 minutes, such as an impromptu smoking break or personal phone call break, need to be paid as work time? The company accepts such impromptu clock-out breaks without prior supervisor approval.

Do we have to pay health insurance opt-out bonus during FMLA leave?

12/18/2008

Q. Our company offers a health insurance opt-out incentive, paying employees $400 a month if they use their spouses’ insurance plans. We now have an employee going out on FMLA maternity leave. Do we have to keep paying her $400 per month?

Can we deduct personal leave for exempt worker’s partial-day absence?

12/18/2008

Q. Some of our supervisors make their exempt employees take personal or sick leave for every minute they miss from work, even if they work a regular schedule the rest of the week. Can we safely do that?

Help managers understand the Age Discrimination in Employment Act

12/05/2008

At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties …

What should we do if an employee refuses to cooperate during an investigation?

11/07/2008

Q. We are investigating a sexual harassment complaint. One of the employees accused of wrongdoing refuses to be interviewed without his lawyer. I know the attorney has no right to be there, but what are my options?

What can we do if former employee might have taken info to competitor?

11/07/2008

Q. Recently, an employee left our company to join a competitor. When we took a look at his computer, we found deleted e-mails and files indicating he downloaded some valuable information about our customers. We suspect he transferred it to our competitor. He was an at-will employee and we had no employment agreement with him. Is there anything we can do about this?

Can I fire an employee who is likely to develop a serious disease?

11/07/2008

Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?