Litigation by In-House Counsel, Quirky Question # 50

Litigation by In-House Counsel, Quirky Question # 50

Quirky Question # 50: We are a small to mid-size company, with a relatively small legal department.  We have a General Counsel.  He, in turn, supervises two other attorneys.  The General Counsel joined our company about two years ago, and frankly, his relationship with C-level executives has not been ideal.  His relationship with the CEO has been particularly strained.  The...

Secret Use of Video Cameras to Monitor Employees, Quirky Question # 49

Secret Use of Video Cameras to Monitor Employees, Quirky Question # 49

Quirky Question # 49: We have had various situations where we have thought that secretly installing a video camera would help us identify individuals behaving inconsistently with our company’s workplace rules.  We don’t know whether this is a good or bad idea and we don’t know what risks are associated with secret videotaping of our employees.  Do you have any...

Blackberry Use and Overtime Pay, Quirky Question # 48

Blackberry Use and Overtime Pay, Quirky Question # 48

Quirky Question # 48: The regular business hours for our IT Help Desk are 8:00 a.m. through 6:00 p.m., Monday through Friday.  Obviously, people sometimes need IT support outside those hours, and the four non-exempt employees who staff the Help Desk are issued BlackBerries to respond to e-mails and calls outside of regular business hours. These employees were very happy...

Faking Illness to Avoid Shift, Quirky Question # 47

Faking Illness to Avoid Shift, Quirky Question # 47

Quirky Question # 47: Our company uses rotating shifts, one of which starts at 11:00 p.m. and continues through 7:00 a.m.  Every employee is asked to work that shift, one day, every other week.  Every time a particular employee is asked to work that shift, she takes a day of FMLA leave, claiming that she has migraine headaches.  She jokes...

Firing An Employee for Having an Abortion, Quirky Question # 46

Firing An Employee for Having an Abortion, Quirky Question # 46

Quirky Question # 46: We are a privately held company that runs a large software sales organization.  The family that started our company and that still dominates its executive ranks has conservative values.  Among those issues about which the owners feel strongly is the abortion issue.  They do not believe that women should have abortions under any circumstances. One of...

Buttons Worn by Union Employees, Quirky Question # 44

Buttons Worn by Union Employees, Quirky Question # 44

Quirky Question # 44: I am a nursing supervisor working in a 250-bed acute care hospital.  We have been engaged in protracted contract negotiations with the union representing our registered nurses for several months.  Negotiations have bogged down over the nurses’ demand that their contract be amended to delete any provision for mandatory overtime to be assigned to nurses under...

Observations About Workplace Violence, Quirky Question # 43

Observations About Workplace Violence, Quirky Question # 43

Quirky Question # 43: We are a governmental agency.  There recently was a highly publicized situation in which an employee at a company across town shot and killed his two supervisors and wounded several other employees before taking his own life.  Yesterday, one of our more problematic employees, known to have a strained relationship with his boss, was overheard remarking...

Quirky Question # 42, Investigation Inquiries

Quirky Question # 42, Investigation Inquiries

Quirky Question # 42: This week I’ve decided to take a slightly different approach to my Quirky Question Blog.  I recently presented a Continuing Legal Education seminar on Workplace Investigations, at the end of which I received a number of thoughtful questions from the audience.  Although these questions are not particularly quirky, I thought they were worth addressing.  The following...

Unethical Conduct By Employee, Quirky Question # 41

Unethical Conduct By Employee, Quirky Question # 41

Quirky Question # 41: I am the Director of Human Resources for a manufacturing firm.  I was recently contacted by the manager of a motel located near our office.  The manager informed me that one of our employees (an outside salesperson) has been stopping at the motel in the morning, picking up one of the “free” newspapers, eating the “free”...