Question 1

When should I call an employment attorney before making an HR decision?

Accepted Answer

You should consult an employment attorney before: terminating an employee who has recently filed a complaint or taken protected leave; making a termination decision that affects a disproportionate number of employees in a protected class; denying an accommodation request; disciplining an employee who has raised a legal complaint; making changes to compensation or benefits that affect a large group of employees; or any time you are uncertain about the legal implications of an employment decision.

Question 2

What is the interactive process for ADA accommodations?

Accepted Answer

The interactive process is a good-faith dialogue between an employer and an employee with a disability to identify a reasonable accommodation that allows the employee to perform the essential functions of their job. The ADA requires employers to engage in the interactive process when an employee requests an accommodation or when the employer is aware of a disability that may require accommodation. Failure to engage in the interactive process can itself be an ADA violation.

Question 3

How should I document employee performance issues?

Accepted Answer

Documentation is critical to defending termination decisions. Performance issues should be documented contemporaneously — in writing, with specific examples, dates, and the impact on the business. Documentation should be consistent — the same standards should apply to all employees regardless of protected characteristics. Verbal warnings should be followed by written confirmation. We advise employers on documentation practices that create a defensible record.

Question 4

What is a severance agreement and when should I use one?

Accepted Answer

A severance agreement is a contract in which the employer pays the departing employee additional compensation in exchange for a release of legal claims. Severance agreements are most valuable when there is significant litigation risk — for example, when terminating a long-tenured employee, an employee who has recently filed a complaint, or an employee in a protected class. We draft severance agreements that comply with the ADEA, OWBPA, and other applicable requirements.

Question 5

Can I monitor employees' work computers and communications?

Accepted Answer

Employers generally have broad rights to monitor work computers, email, and other communications on employer-owned systems, provided they have a clear policy notifying employees of monitoring. Monitoring personal devices and personal accounts raises more complex legal issues. We advise employers on electronic monitoring policies that protect the employer's legitimate interests while complying with applicable privacy laws.

Question 6

What are my obligations when an employee requests FMLA leave?

Accepted Answer

When an employee requests leave for a qualifying reason, the employer must: provide the employee with notice of their FMLA rights within five business days; designate the leave as FMLA-qualifying if it qualifies; maintain the employee's health benefits during leave; and restore the employee to the same or an equivalent position upon return. Failure to comply with these obligations can result in FMLA interference and retaliation claims.

Question 7

How do I handle a complaint of harassment or discrimination?

Accepted Answer

When you receive a complaint of harassment or discrimination, you must act promptly. Acknowledge the complaint, assure the employee that retaliation is prohibited, conduct a prompt and thorough investigation, take appropriate remedial action if the complaint is substantiated, and communicate the outcome to the complainant. The quality of your response determines your legal exposure. We advise employers on complaint handling and conduct independent investigations when appropriate.

Question 8

What employment law training should managers receive?

Accepted Answer

Managers should receive training on: recognizing and preventing harassment and discrimination; the employer's complaint procedure and their obligation to report complaints; the interactive process for accommodation requests; FMLA and leave obligations; wage and hour requirements including overtime eligibility; documentation practices; and how to conduct lawful performance reviews and disciplinary meetings. Regular training reduces litigation risk and demonstrates the employer's commitment to a legally compliant workplace.

Employment Counseling Lawyer Utah

Utah Employment Counseling Attorneys

Employment Counseling Services

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Discipline & Performance Management

Termination Decisions

Accommodation & Leave Management

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