Quirky Questions

Real Life Employment Law

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 downsides to disallowing these sick time donations? Answer→

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.

First, he had downloaded pornography onto his work computer, in violation of our clear policies regarding use of company computers and sexual harassment.  Second, much to our surprise, we found on his computer a substantial number of confidential documents that he had taken from the company where he worked before joining our firm.  This too violates our company policies – we strictly prohibit employees from introducing confidential, proprietary and trade secret information belonging to a former employer into our work place, whether in hard copy or electronic form.

Had we known these facts, we would have fired the executive for cause.  Do we still have to pay him his one year severance pay? 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.

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