• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Q&A

Is it legal to condition job offers on passing a drug test?

04/28/2010
Q. Our company wants to begin screening applicants for illegal drugs. Can we make job offers conditioned on the results of a drug test?

Can we limit cash awards to just some employees?

04/28/2010
Q. When we win contracts, we recognize employees with cash awards. But these awards may be given only to the select few employees who were involved. Is this legally OK?

Why should we keep our policy of not providing references for former employees?

04/28/2010
Q. We have a few supervisors who think it’s OK to write reference letters only for “good” employees. But our policy says supervisors can’t issue reference letters for any current or former employee. I’m having a hard time finding a reason that justifies our policy. Any suggestions?

More leave after FMLA leave?

04/19/2010
Q. One of our employees recently completed 12 weeks of FMLA leave to care for an ill family member. She has now requested a 30-day leave to undergo chemical dependency treatment for alcohol abuse. Since she has already utilized all of her available FMLA leave, are we required to grant this most recent leave request?

Can we make employee pay cost of lost BlackBerry through payroll deductions?

04/19/2010
Q. One of our employees recently took a company-issued BlackBerry with him on a business trip. The employee lost the BlackBerry while out on the town, and the company would like to have him pay for a replacement. Can we deduct the cost of a replacement BlackBerry from his paycheck?

Must we offer severance pay?

04/19/2010
Q. Because of a downturn in our business, we are thinking of eliminating a position. Are we required to offer severance pay to the terminated employee?

Can we deduct from pay to replace equipment our employee damaged?

04/19/2010
Q. We have an employee whose company-provided laptop fell and broke while he was working from home. Can we deduct the cost of the computer from the employee’s paycheck?

Can we charge worker a fee for lost paychecks?

04/16/2010
Q. One of our employees is constantly misplacing things, like his W-2 forms and his checks. It’s getting annoying. Can we make him pay a fee? We’re thinking this might make him more careful.

Can we force employees to use vacation days as part of military leave?

04/15/2010
Q. We provide unpaid leave to employees who are called up to serve in the armed forces, in accordance with the terms and conditions the Uniformed Services Employment and Reemployment Rights Act (USERRA). May we require employees to concurrently exhaust any earned but unused vacation that they may have accumulated?

Can we force employees to use vacation days as part of FMLA leave?

04/15/2010
Q. In accordance with the FMLA, we provide up to 12 weeks of job-protected leave to eligible employees for a qualified reason. Leave under the FMLA is unpaid. However, may we require employees to concurrently exhaust any earned but unused vacation time that they may have accumulated?