Ask the Lawyers – Recent Questions

Here are the answers to questions submitted to our attorneys about employment law issues. We update these questions monthly. Questions are answered by Fair Measures attorneys Ann Kiernan and Steve Duggan. To search by specific workplace issues, please see our organized answers in our list of FAQs.

Can we ask contractors to use a time clock?

May I ask those providing service under a contract to sign in and out using a time clock when they are on premises?  (This is [...]

Who gets a dead employee’s records?

When an employee dies, who should get his W-2 forms? I got a call from someone who said she was his mother. Should I send [...]

Is the CEO allowed to sit in on a sexual harassment investigation?

The employer called an employee in to ask questions about rumor circulating among staff about an alleged sexual relationship with another staff member. In the [...]

Can I keep employee contact information and work schedules confidential?

I manage a restaurant, and we consistently have to deal with relatives or friends calling and asking when someone works or if they are off [...]

Must I disclose my diagnosis or is a doctor’s note enough to request a medical accommodation?

I am requesting a private room for a sales meeting due to a chronic medical condition.  My doctor has sent a letter to this effect. [...]

Can my employer require me to post a photograph of myself on the staff directory?

Can my employer require me to post a photograph on the staff directory, available to all? I am hesitant for several reasons, one of which [...]

Can employer change pay without notice?

Can an employer change your salary after you have signed your contract without notifying you? Steve Duggan replies: It depends on the “contract.” If you have [...]

Can policy bar recording of conversations without the consent of all?

Is it appropriate for our company to incorporate a statement in our communications policy requesting that no conversations be recorded without the consent of all [...]

Can my boss legally call my family member and inform them I was fired?

Steve Duggan replies: It is a violation of your right to employment privacy for an employer to tell anyone that a person was “fired”, because that [...]

Can my employer surveil me in public and ask sexually explicit questions about my personal life?

Can my employer follow me after business hours and take pictures on his phone of a car parked in my apartment complex and ask about [...]