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Q&A

A genuine child-Support court order?

05/01/2007

Q. In this morning’s mail I received a letter from some group I have never heard of, asking for payroll information on an employee. The letter said, “This information is necessary to enforce court-ordered child support.” It does not say that it is a subpoena or a garnishment, and there is no court order or any kind of a waiver from the employee. I have already tossed it in the trash, but I don’t want to do something wrong. Do I need to dig it out?—S.W.

Obtain approval to give out employees’ info

04/01/2007

Q. I’ve just joined a new company, and our HR people give out employees’ information (wage data, demographic info, etc.) to anyone who calls to request it. Is that right? —P.L., Virginia

Workers fail to give FMLA proof? Cut ‘Em loose

04/01/2007

Q. One of our employees had been out sick for two months. We’ve received a doctor’s note that just says he’s unable to work and that a return date is undetermined. We faxed and mailed FMLA paperwork, but it hasn’t been returned. Meanwhile, the employee is receiving disability benefits through our short-term disability plan. How do we calculate the start of FMLA leave? From the date the disability payment began? And if we never get the FMLA paperwork back, can we terminate him? —T.B., Tennessee

Clarifying the partial-Day deduction rule

04/01/2007

Q. I have a question about the partial-day deduction rule. I don’t understand how we can deduct from salaried employees’ paid-leave bank when they are gone for an hour or two during the day since we don’t pay them anything extra when they work 50 hours in a week. For example, if an employee works 10-hour days on a regular basis, is it OK to charge her vacation time when she leaves an hour or two early? —J.H., Minnesota

After merger, must we hire worker who’s on FMLA?

04/01/2007

Q. We bought a company and agreed to consider hiring the seller’s employees. We interviewed and hired some of them. One of the employees was out on FMLA leave and is telling us that we have to hire him. We looked at his work record and we would never hire him. Do we have a potential problem? —R.L.B.

Can we offer wage hike to head off union campaign?

04/01/2007

Q. We are a nonunion company and obviously would like to stay that way. We gave a very modest wage increase six months ago, and we just learned that another company in the same industrial park got hit with a union organizing campaign. I think we should be proactive. Normally we review wages every 12 months, but I want to recommend to my management team that we break that cycle and do a wage increase now. Can we get in any trouble by going ahead with a wage increase now, even though it’s not in keeping with our regular practice? —C.O.

Quick fix can help avoid harassment liability

04/01/2007

Q. One of our male supervisors fired what we in HR thought was a poor-performing female employee. During the exit interview, the terminated employee told us that her supervisor fired her because he was sexually harassing her and she threatened to report him if it didn’t stop. It turned out that her claim was legitimate. We immediately called her back to work.

We thought we had dodged a bullet but, unfortunately, we’ve been contacted by her attorney, who threatened a lawsuit unless we agree to settle her claim for a lot of money. We will contact an attorney to represent us, but we want to know if the fact that we brought her right back to work is going to make a difference? —L.W.

Can we ban dating among co-workers?

04/01/2007

Q. We recently defended a workplace harassment lawsuit against our company involving two co-workers who broke up. To avoid future problems, can we impose prohibitions against co-workers dating to avoid future problems? …

Accommodating a driver who can’t drive

04/01/2007

Q. One of our drivers is not medically able to drive company trucks. Should we offer alternative employment? Should we adopt a formal policy covering disabled drivers?

How to draft a telecommuting policy

04/01/2007

Q. More employees are asking to telecommute, as are prospective hires for difficult-to-fill positions. If we have such a policy, what should be included to ensure there isn’t any favoritism among workers?