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Q&A

Worker lost $700: Can we make him pay it back?

08/10/2011
Q. One of our employees ran an errand for us to pick up $700 in cash. He says he lost it. Can we make him pay it back?

When can we fire for offensive body odor?

08/01/2011
Q. We have a staff member with body odor so bad that other staff members have complained and even threatened to leave the company. The employee has been disciplined several times and required to go home without pay until she agrees to comply with our grooming code. At what point can we legally terminate her?

What should we do? We suspect string of workplace injuries might be workers’ comp fraud

08/01/2011
Q. We’ve had an exceptional number of suspicious injuries at work so far this year. We don’t want to jump to conclusions, but how can we determine if these injuries are part of a workers’ comp insurance fraud scheme?

Must we make employees available to EEOC investigators?

08/01/2011
Q. A former employee recently filed an EEOC complaint against our company alleging race discrimination. As part of its investigation, the agency will be coming to our offices to interview employees. Do I have to make the employees available? As the HR director, should I sit in on the employee interviews?

Commission-based staff: Paid for training time?

08/01/2011
Q. We have medical providers at our clinic who are paid straight commission based on the number of patients treated and the treatment cost. Sometimes, they block time out of their schedules to attend training on laser techniques or continuing medical training for their licenses. I know that most employees must be paid for training time, but this is different. Do we have to pay them?

Are we required to verify ex-employee’s info?

07/27/2011
Q. Sometimes, we get calls from government agencies or collection agencies seeking employment verification. Do we have to provide the information?

Should we log independent contractors’ hours?

07/26/2011
Q. Does asking independent contractors to complete a time sheet jeopardize their contractor status?

Do we have to tolerate moonlighting by employee who is out on FMLA leave?

07/26/2011
Q. We recently learned that an employee on FMLA leave is working for another company. Can we fire him?

What should we do? Employee almost divulged insider-trading information on Facebook

07/26/2011
Q. We recently learned that one of our employees posted comments on a friend’s Facebook page, coming to our company’s defense over a recent drop in stock price. The employee came dangerously close to disclosing information about earnings that were not yet public. What can and should we do?

Must we pay for pre-shift talk?

07/26/2011
Q. Last week, we asked a nonexempt employee to come in 30 minutes before her regular start time to talk to her about a complaint that had come to our attention. Do we have to pay her for the time spent in discussions with management?