Drug Testing Drivers, Quirky Question # 8

Drug Testing Drivers, Quirky Question # 8

Quirky Question # 8: We provide a number of our sales employees with company automobiles.  We were wondering whether we could randomly test these individuals for alcohol or drug use.  Needless to point out, we would like to ensure that employees driving our company vehicles do not endanger either themselves or members of the public.

FMLA Leave, Quirky Question # 7

FMLA Leave, Quirky Question # 7

Quirky Question # 7: Several years ago we employed an individual at our auto dealership.  He resigned voluntarily.  About eight months ago, we rehired him.  During the course of the last eight months, he has worked more than 1250 hours.  He recently injured his back at home and has missed 13 days of work.  Because we cannot afford to have...

Performance Evaluation, Quirky Question # 6

Performance Evaluation, Quirky Question # 6

Quirky Question # 6: Our company operates a call center.  One of our supervisors (Employee X) demonstrated two significant performance problems.  First, he was verbally abusive to the employees he supervised.  Second, he appeared to have a disproportionate number of “dropped” calls.  Our suspicion is that he put the callers on “hold,” and left them on “hold” until they hung...

Sexual Harassment (Round 2), Quirky Question # 5

Sexual Harassment (Round 2), Quirky Question # 5

Quirky Question # 5: I read your Quirky Question # 4.  Unlike your last reader, I am not in our company’s Human Resources Department.  But I am the attorney within our Office of the General Counsel with responsibility for addressing employment issues. One of our HR representatives informed me that she had received a sexual harassment complaint by one of...

Sexual Harassment, Quirky Question # 4

Sexual Harassment, Quirky Question # 4

Quirky Question # 4: I am an HR Representative.  One of my duties is to take complaints regarding workplace discrimination, including sexual harassment. One of our female employees recently complained to me that she feels as though she is being sexually harassed by one of our top salesmen.  (He is not her supervisor, but she does work on the team...

Employee Injury, Quirky Question # 3

Employee Injury, Quirky Question # 3

Quirky Question # 3: I was called out to our company’s parking lot (we run a manufacturing facility) during a break because of a report that an employee had been injured and was bleeding outside our building.  Upon my arrival, I learned that the injured employee had created a homemade “shooting device” from a pipe, firecrackers, and ball bearings.  He...

Donating Sick Leave, Quirky Question #2

Donating Sick Leave, Quirky Question #2

Quirky Question # 2: One of our employees is quite ill, with a very serious illness.  She has used up all of her sick time.  She is well liked and several of her co-workers want to donate all of their sick time to her.  Are there any downsides to allowing these employees to donate their sick time?  Are there any...

Executive Termination, Quirky Question # 1

Executive Termination, Quirky Question # 1

Quirky Question # 1: We recently terminated one of our executives “without cause.”  Under his employment contract, we are obligated to pay one year’s severance for terminations without cause.  In contrast, we have no obligation to pay him anything if he is terminated “with cause.”  Following his departure, we reviewed his computer hard drive.  We discovered two areas of concern....