Non-Fraternization Policies, Quirky Question # 30

Non-Fraternization Policies, Quirky Question # 30

Quirky Question # 30: We are a large, national, medical device company.  Over the years, we’ve adopted personnel policies to provide appropriate guidance to our workforce and to comply with federal and state laws.  We have a well defined and clear sexual harassment policy.  Notwithstanding our sexual harassment policy, we find that we periodically confront workplace problems associated with relationships...

Quirky Question # 29, Maintaining Electronic Records

Quirky Question # 29, Maintaining Electronic Records

Quirky Question # 29: Our company has offices in California.  This year we want to improve our document retention practices.  We’ve decided to maintain electronic records of personnel files.  Can we do this in California?  We were told that California law requires the records to be available at the job site.  If this is true, can we switch to an...

Donning and Doffing, Quirky Question # 28

Donning and Doffing, Quirky Question # 28

Quirky Question # 28: Our company has a manufacturing facility that has several product assembly lines.  Most of our production employees are required to wear basic smocks, hardhats, safety glasses, earplugs and gloves.  When the employees enter the building prior to their shift, they retrieve and put on their gear, then walk to their assigned production area.  At the end...

Unauthorized Job References, Quirky Question # 27

Unauthorized Job References, Quirky Question # 27

Quirky Question # 27: We recently terminated our Controller.  We had concerns about the way in which he was managing his department.  Certain funds (not an insubstantial amount) were not accounted for and our firm’s accounting records designed to track various purchases and expenditures were largely inscrutable.  We lost a lot of money due to these problems.  My perception is...

Quirky Question # 26, Background Checks

Quirky Question # 26, Background Checks

Quirky Question # 26: We are desperately trying to hire someone for a position we have had open for far too long.  Perhaps our standards have been too high because we haven’t been able to find the right candidate.  I recently interviewed a very impressive candidate and would like to extend him an offer.  I have not been successful in...

Responsibility for Employee Injury, Quirky Question # 25 (West Coast Questions)

Responsibility for Employee Injury, Quirky Question # 25 (West Coast Questions)

Quirky Question # 25: We own and operate glass container manufacturing plants around the country, including Seattle.  One of our employees resides in Pennsylvania, and regularly travels around the country to work as a foreman on glass furnace rebuilds.  This particular employee began working for us in the 1980s and worked exclusively for us for about five years. Under the...

Superficial Responses to Charges of Discrimination, Quirky Question # 24

Superficial Responses to Charges of Discrimination, Quirky Question # 24

Quirky Question # 24: We run a large food service company, with more than 100,000 employees.  Notwithstanding our best efforts to train our store managers regarding federal and state employment laws, we invariably have problems that result in claims of discrimination being filed with the EEOC or parallel state agencies.  In our experience, these federal and state agencies do not...

Age Discrimination, Volunteering for RIFS, Quirky Question # 23

Age Discrimination, Volunteering for RIFS, Quirky Question # 23

Quirky Question # 23: I read with interest your Quirky Question # 22 regarding age discrimination and releases of age discrimination claims.  We have a slightly difference issue.  Our company has gone through periodic reductions in force, stemming both from increased automation of our manufacturing processes and economic downturns.  Our RIF procedures have been carefully constructed, involving evaluations of 10...

Age Discrimination and the OWBPA, Quirky Question # 22

Age Discrimination and the OWBPA, Quirky Question # 22

Quirky Question # 22: Our company decided to close one of its two manufacturing facilities in Minnesota.  In deciding which facility to close, we considered factors such as the relative productivity of the facilities and the age and condition of the buildings and equipment. The employees of our closed facility will receive separation benefits in exchange for signing a release...

Medical Marijuana Use In the Workplace, Quirky Question # 21 (California Issue)

Medical Marijuana Use In the Workplace, Quirky Question # 21 (California Issue)

Quirky Question # 21: We recently made a job offer to a gentleman as a lead systems administrator in the California division of our telecommunications company.  As part of our routine pre-employment drug testing, he tested positive for marijuana.  However, the applicant presented us with a doctor’s note allowing him to use “medical marijuana” for chronic back pain cause by...