Q & A: Unorthodox Interview Requests May Incur Liability


Question Corner

Unorthodox Interview Requests May Incur Liability

By Jason R. Mau

Q: Are we allowed to ask job candidates for a copy of their most recent performance evaluation from their previous employer when they come in for an interview?

A: While no law strictly forbids this unorthodox approach, there is the risk that the performance evaluation could disclose information you are not allowed to inquire about in interviews, such as union affiliation, physical data, military status, and disability. Therefore, I would recommend against adopting this practice.

Q: We are considering having exempt employees account for time away from work in increments of one hour. Is there a specific law that requires exempt employees to take paid time off in increments of either four hours (half a day) or eight hours (a full day)?

A:  Federal law does not require that any paid time off be provided or compensated in particular increments of time.   

Q: An employee recently put in her two-week notice, but her manager went ahead and removed her from the schedule. Are we obligated to pay her for the time she was scheduled in those two weeks?

A: Per the principals of the at-will employment policy recognized in Idaho, as long as the employee was not removed from the schedule for discriminatory purposes, or not subject to an employment contract that would require otherwise, her manager may remove her from the schedule without an obligation to pay for time she may have worked during those last two weeks.

Q: Can company payroll personnel ever be held personally responsible/liable for errors made while processing payroll?

A: As long as no fraud or intentional or willful misconduct is involved, payroll personnel cannot be held personally liable for actions made within the scope of their position. 


Jason R. Mau is an attorney with Greener Burke Shoemaker Oberrecht, P.A.  He can be reached at 208-319-2600 or jmau@greenerlaw.com