Quirky Questions

Real Life Employment Law

Quirky Question #264, Oregon Employers: Beware!

shutterstock_137938526

Question: I am an employer in Oregon, and I understand Oregon Governor Kate Brown signed a whole slew of bills into law on Monday which will directly impact Oregon employers. What do I need to know?

Answer→

Quirky Question #262, An update on Wisconsin non-competes

Question:

We are a Wisconsin employer that recently lost a number of employees to a direct competitor in our region.  As a result, we are now in the process of having all of our employees sign non-compete agreements prohibiting them from working for a competitor for a limited period of time after leaving our company.  Assuming that the non-compete agreement is reasonable, we are wondering whether we need to provide any additional compensation to each employee, or if simply having them sign the agreement on the condition that if they do not sign, we will terminate their employment, is sufficient.  We remember that you mentioned that Wisconsin law was unsettled in this area and are wondering if there have been any recent updates that could help us in our decision.

Answer→

Quirky Question #261, When will our employee return?

iStock_000012396841XSmall

Question:

We’re a large company with offices in many locations, including in California, Minnesota, Washington and New York City.  We often have disabled employees provide doctors’ notes that say they are unable to work, but that do not provide an expected date the employee will be cleared medically to return.  When we ask these individuals for a return date, they usually say they don’t know or that their doctor told them they need to be off work for “as long as necessary.”  We have no idea whether this means one week or one year.  Do we have to grant employees leave if there is no end in sight?  It makes planning on our end very difficult.

Answer→

Quirky Question #259, The FMLA and the ADA: Joined at the Hip

shutterstock_138700625

Question:

I work in my company’s HR department and we just had an employee ask for additional time off, even though we’ve already given the employee a bunch of time off we are required to under the FMLA.  I wanted to say no but my co-worker here in HR says I have to grant the extra time off.  Who is right?

Answer→

A New Question Every Week

Nearly every day, executives and managers, and the in-house counsel and Human Resources professionals who work with them, are confronted with unanticipated questions regarding the workforce. Just when they think they have "seen it all," along comes a new and often stranger scenario involving an odd twist to an area they thought they fully understood. These individuals often find themselves back at square one when trying to construct an appropriate response and devise a creative solution to the problem presented. Sometimes these "Quirky Questions" can be resolved easily; other times, they implicate practical and legal issues that are not immediately apparent. This Quirky Questions blog addresses these unanticipated employment questions.

We encourage you to submit your thoughts and reactions to the questions presented. We also encourage you to submit questions that you would like to see addressed, subject to these guidelines.

Top