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Workplace Bullying
Last Updatedin Employee Relations
Question: One of our employees is complaining that they are being bullied by a senior manager. What do we do or how should I coach the employee to handle the situation? Answer: Unfortunately, there is no law protecting an employee against bullying, UNLESS it turns into a hostile work environment protected by Title VII of the […]
English-Only Rules in the Workplace
Last Updatedin HR Compliance
Question: The owner of our company wants to institute an “English-only” rule, requiring our employees to only speak English in the workplace. I’m just not comfortable with this at all. Is this even legal? Answer: The Equal Employment Opportunity Commission (EEOC) has issued a position statement indicating that English only policies in the workplace violate […]
Unemployment For Seasonal Workers
Last Updatedin HR Compliance
Question: Are seasonal employees eligible for unemployment if they meet the minimum requirements of length of service and wages? Answer: More and more states are saying “no”. There are many jobs that only last for a portion of the year, which have typically been eligible for jobless benefits. Federal law gives each state the option […]
Can I backdate FMLA paperwork?
Last Updatedin Benefits & Compensation, HR Compliance
Question: Can I backdate FMLA paperwork to the date at which the employee went on Workers’ Compensation? Answer: In a word, “no” – FMLA cannot be backdated. That’s why it is so critical that HR is on top of any types of absences that may qualify for FMLA. If an injury that falls under Workers’ […]
Return To Work / Fit for Duty
Last Updatedin HR Compliance
We have an employee out on family medical leave (FMLA) for a serious health condition. If he provides medical certification from his physician that he can return to work with no limitations, can we require the employee to submit to further examination to see if he is fit for duty under the ADA? The employee is not claiming any disability and has requested no consideration under ADA, but we believe he might be unable to perform the job duties.
H-1B Versus At-Will Employment
Last Updatedin HR Compliance
We’re considering hiring an individual who needs sponsorship to work in the U.S. Do we need to be concerned that sponsoring an employee will alter the “at will” employment agreement?
Handling Employee Pay when Bad Weather Hits
Last Updatedin Benefits & Compensation
With all the bad weather we have been having, how do I handle paying employees when our facilities are closed, or employees just don’t make it in because of the weather?