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Dana Leisinger joined the CalChamber in 2000 and currently serves as an employment law expert. She has advised employers on matters such as employment law, wrongful termination, discrimination, sexual harassment and wage and hour issues. She also has conducted seminars and training and guided employers through various levels of governmental investigations. Leisinger holds a J.D. from the McGeorge School of Law, University of the Pacific.

If 65+ Employee Falters, Focus on Job Performance, Not Age

We have an employee who is over the age of 65 and has worked for us for several years, but recently his cognitive skills...

Options to Consider When an Employee Threatens to Commit Suicide

I have an employee who has threatened to commit suicide. We are very concerned. What should we do, and do we have any obligations? These...

Calculating Leave Eligibility When Company Closed Temporarily

Our company shut down in March due to the coronavirus, and then reopened the first of June. Now one of my employees is asking...

Factors to Keep in Mind When Rehiring Furloughed Employees

We are gearing up to restart our business soon. We furloughed several employees. Are there any concerns about rehiring? When we furloughed these people,...

Allergy Claim Triggers Need for Interactive Evaluation of Options

We have an employee who is claiming she’s allergic to various things in the office, but quite honestly, she has been trying to work...

Accommodating Pregnant Employees in Potentially Risky Work Spaces

We have a pregnant employee working in the plant where there are a lot of chemical exposures. Her doctor has not restricted or limited...

Develop Policy on Referrals to Ensure Consistent Practices

Is an employer prohibited from providing a reason for separation when verifying past employment? No—an employer can provide reasons for separation/termination, but many employers are...

In-Person Review of I-9 Documents Necessary for Remote Employee

We are hiring an employee out of state who will be living and working more than a thousand miles away. How do we handle...

When Dealing with Older Worker, Focus on Job Performance Concerns

Our employee is over 65 years old and he seems shaky physically; it is taking him longer and longer to get his job duties...

Caring for Adult Child with Drug Addiction May Qualify for FMLA

My employee asked to take time off under the Family Medical Leave Act (FMLA) to care for her drug addicted son, who is well...

Warnings to Employee with Bad Attitude Should Focus on Specifics

We would like to terminate an employee who has a bad attitude that rubs off on other employees. However, we haven’t given him any...

Options to Consider When Employee Rescinds a Resignation

Our employee gave notice yesterday that he is quitting effective two weeks from now. Today, he indicated he wants to stay after all, but...

Smelly Smoker Can Be Cause for Discipline, But Remember Other Rights

Our employee is a smoker and comes in from breaks reeking of cigarette smoke. What can I do? Also, can I ask applicants if...

Steps to Follow Before Terminating Underperforming Employee

We have a short-term employee we recently moved into a new position, but he just isn’t “getting it.” His manager wants to terminate him...

Dialogue with Employee Key Part of Deciding Whether to Extend Leave

Our employee has used up all of her Family Medical Leave Act (FMLA) leave, but called today to request an extension of time. Do...

Employers Can Keep Drug-Free Workplace, Despite Weed Legalization

With the new law in California legalizing marijuana, what are our obligations and rights? California’s new law on recreational marijuana can create some difficulties for...

When Can Worker Decline Family Medical Leave? Subject Untested

Our employee went out on workers’ compensation leave this week and will probably be gone a few months. Should we place him on family...