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Quirky Question #220, Independent Contractors

I have always understood that California employers that misclassify workers as independent contractors face potential liability, including compensatory damages, penalties and attorney’s fees. I recently heard a news broadcast...more

Quirky Question #219, Is Unemployment Status a Protected Category?

Quirky Question: We recently interviewed an applicant with a very spotty resume; there were repeated gaps in his employment history which were apparent from his resume. He was not hired and called HR to complain that...more

2/14/2014  /  Protected Class , Unemployment

Montana Supreme Court Upholds Employers Right to Change Sick Leave Payout Policies

Employees at the Kalispell Regional Medical Center, upon being hired, signed a probationary employment contract that read, "Upon expiration of this Probationary Employment Contract, if the Employer and Employee elect to...more

Quirky Question #217, Bereavement Leave in Colorado and Oregon

An employee in our Corporate Office recently informed Human Resources that she was requesting bereavement leave with respect to her sister’s death last month. When she was informed of our company policy, that up to 3 days of...more

Quirky Question #216, Use of a Photograph of a Former Employee

A junior member of our marketing department left to join a competitor. While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product. We received a letter from the...more

1/10/2014  /  Consent , Employee Rights , Photographs

Quirky Question # 215, Are Capped Vacation Plans Now Disfavored And Should My Company Switch To An Unlimited Vacation Plan?

We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual. He says most high tech companies like ours have unlimited vacation plans and...more

Quirky Question #213, Holiday Parties – Potential Sources of Liability

We are in the midst of preparing for our 2013 holiday party. We plan to schedule an evening event and intend to provide our employees and their guests with free food, entertainment, and alcohol; after all, we’ve worked hard...more

Quirky Question #212, Montana Non-Competes

We are an accounting firm and recently fired an employee at will. We have always understood that Montana law disfavors non-competition agreements, therefore, our employment agreement provides that if the accountant provides...more

Quirky Question #209, Obesity as a Disability under MT Law

We are in Montana and a very obese woman recently applied for a manager position. The position is more physical than most in that there is significant walking between facilities, and the candidate must climb ladders to view...more

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