Quirky Employment Questions

The blog starts each week off with an unusual employment law question pulled from the author's client queries, reader questions, news reports and judicial decisions. An analysis is posted the following week. Trivia questions are posted on Thursdays, with prizes awarded to the first to reply with correct answers.

Author: Roy A. Ginsburg is a partner in Dorsey & Whitney's Advocacy Group in Minneapolis.

Blawg Related Categories: Labor & Employment • Partner

Recent Posts from Quirky Employment Questions

Executive Termination, Quirky Question # 1
Here are my thoughts on our first Quirky Question, relating to Executive Termination. The courts have recognized a legal theory called the “after-acquired evidence doctrine.” The basic notion of this theory is that information learned…
Donating Sick Leave, Quirky Question #2
Roy's Analysis of QQ # 2Proposed donations of sick time constitute a magnanimous gesture and are to be commended. But they raise a number of potential problems for the employer that should be considered before…
Employee Injury, Quirky Question # 3
Roy's Analysis of QQ # 3 October 22, 2007 | Posted by Ginsburg, Roy | Topics: Employee Injury, Workplace Violence This fact pattern raises a number of questions. One of the first inquiries you need…
Sexual Harassment, Quirky Question # 4
Your fact pattern raises several issues that cause me concern. First, you work in Human Resources. This gives you a license to “intrude.” Indeed, you have an obligation to investigate when necessary. Here, it’s necessary.…
Sexual Harassment (Round 2), Quirky Question # 5
Roy's Analysis of Quirky Question # 5November 5, 2007 | Posted by Ginsburg, Roy | Topics: Sexual Harassment, Avoid Harm Otherwise In my view, you need to figure out what's going on between the…
Performance Evaluation, Quirky Question # 6
Roy's Analysis of QQ # 6 November 7, 2007 | Posted by Ginsburg, Roy | Topics: Performance Evaluation, Company Records Your inquiry raises several issues in addition to the specific question you posed about whether…
FMLA Leave, Quirky Question # 7
Not so fast! Believe it or don’t, your discharged employee’s prior employment with your company, even though it was several years ago, enables him to meet the requirements of the federal Family Medical Leave Act…
Drug Testing Drivers, Quirky Question # 8
You pose a good question. Like so much of employment law, your question illustrates the tension between competing societal interests. Here, the tension exists between employees’ rights to privacy and public safety. States have different…
Employee Cooperation in Investigations, Quirky Question # 9
Your questions implicate difficult issues that highlight the tension between the competing interests of employers to provide a safe, violence-free work environment, and employees’ legitimate privacy interests. Here, the interests of the employer predominate. …
Employer Notice of Mental Disability, Quirky Question # 10
Okay, I admit it. As some of you undoubtedly realized, I did not receive this question from a client or a reader. The fact pattern is derived from a case that was decided very recently,…