11/20/2008
Q. I have had a number of questions about recent amendments to the ADA. Can you provide a brief explanation of what the changes mean?
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11/20/2008
Q. Our manufacturing company has a current job opening for an engineer. One of our employees who is on active duty in Iraq for six months learned of the position and would like to apply. Do we have to consider his application?
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11/20/2008
Q. We have an employee who has a history of clashing with others at work. Her supervisors have addressed this with her many times. Recently, she sent an e-mail that was unprofessional and insulting to co-workers. If we fire her, could she successfully sue us for sex discrimination or harassment?
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11/12/2008
Q. We have an employee in our manufacturing facility who has brought numerous workers’ compensation claims. This has cost us a lot of money. Do we have to continue to employ this person? His position involves a continued risk of physical injury.
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11/12/2008
Q. We are a startup company seeking investors, and we currently have limited cash flow. The company’s founders own the company on a 50/50 basis and are serving as the company’s officers. We can’t afford to pay them, and they are willing to work for free as part of their investment in building the company. Can we do that?
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11/12/2008
Q. I recently was talking with another manager at the company who told me that we had hired an independent contractor to work in our records room doing filing and data storage tasks. We also have employees performing that job. Could that cause any problems?
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11/12/2008
Q. Our company has just made a job offer to a highly qualified man to work in our company’s IT department. During the final stages of our interviewing process, the candidate told us that “she” is transgendered —that she would be transitioning from male to female. We believe employing a transgender employee could be very disruptive and cause a morale problem in the company. Can we rescind the offer based on the candidate’s transgender status?
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11/12/2008
Q. Does an employee have to say that she wants to “take FMLA leave” in order to satisfy the requirement that she notify her employer of her “intent to take leave”? What must an employee tell an employer to preserve her right to take FMLA leave?
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11/12/2008
Q. In our severance agreements, we typically require a terminated employee to waive all claims, including FMLA claims that could have arisen while the employee worked for us. I’ve now heard that it is improper for employers to get waivers of FMLA rights from existing employees. What should we do?
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11/10/2008
Q. We have an employee who failed to return from an FMLA leave of absence. During the leave, we had been paying our customary share of her medical insurance premiums. Is there anything we can do to recoup the expenses we paid for this employee?
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11/10/2008
Q. We run a manufacturing facility, and our production needs do not always permit our employees to take breaks during the workday. A group of employees have complained that we are required by law to provide rest breaks and a lunch break during their shifts. Are they right?
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11/10/2008
Q. We provide PDAs to virtually all our employees, some of whom are nonexempt. This enables them to send and respond to e-mails at all hours of the day and night. Does an employee’s time spent on his or her PDA outside of work count as hours worked?
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11/10/2008
Q. We have an employee who has had several work-related injuries. Our workers’ compensation insurance carrier, after reviewing the circumstances of the employee’s injuries, has denied her any treatment for a back injury. Even so, she has gone to a chiropractor for treatment 60 times. Her attorney has now filed a petition for benefits with the Judge of Compensation Claims. It seeks authorization for the visits and asks our company and the carrier to pay for all 60 chiropractor visits. If the judge determines that these visits are authorized, are we going to have to pay for all of them?
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11/10/2008
Q. Our restaurant has a written requirement that waiters be able to lift, transport and carry objects weighing from 25 to 30 pounds up to 20 or more times per shift. An applicant for a server job has informed us on his application that he has a condition that prevents him from lifting more than 10 pounds and that there are no accommodations that could be made so he can perform all of the job duties. Are we going to be in violation of the ADA if we deny a job to this applicant?
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11/07/2008
Q. I own my own business, and controlling my insurance costs is my biggest challenge. Recently, I learned one of my employees has been tested and has the genetic makeup likely to develop into a very serious illness. While I feel sorry for the employee, this disease is likely to cost our company hundreds of thousands of dollars. Can I fire the employee?
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