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Ask the Attorney Archives

When a new hire quits quickly, is the cost of training simply lost?

04/02/2018
Q: “If a new hire quits before their 90-day evaluation, are we able to deduct the amount they were compensated for training?” – Anonymous, Pennsylvania

Can we charge a penalty fee for misuse of the company credit card?

04/02/2018
Q: “Our field employees are issued a company credit card to allow them to perform their work duties. The problem we run into is that they purchase personal items on their company credit card even though they have been told not to. They do pay the company back, but it is an accounting nightmare. Would it be legal for the company to assess a penalty fee?” – M, Oklahoma

Employee will be out for two months with an injury—what are our options?

04/02/2018
Q: “We have an employee who was injured in an accident that was not work-related. He will not be able to return to work for at least eight weeks. Can we terminate him so he can sign up for COBRA? (We currently pay part of the employee’s medical, but don’t feel we should continue to do this when he is not able to work for at least two months.) Also, if he is terminated because he is injured and cannot perform his job, can he collect unemployment?” – Lisa, Florida

What if a background check report is based on bad information?

03/12/2018

Q: “I have a client in New York State who authorized a background check when applying for a new job. She was denied employment based on a negative report from her prior employer. She has a copy of the report that was sent to her perspective employer. The report is not based on fact. What, if any, recourse does she have?” – Kenneth, New York

Can we say ‘No’ to firearms in cars on company property?

03/12/2018

Q: “Can we prohibit an employee from having a firearm in their vehicle while it is parked on company property if they do not have a valid concealed weapons permit?” – M, Oklahoma

How long do we retain I-9s?

03/05/2018

Q: “We are conducting a self-audit on our employees’ I-9s. Our understanding is that we only have to keep the I-9s for three years after their start date, or if they were here less than three years, we keep it for one year after they leave, whichever is longer. Is that correct? We are a government contractor. If we cannot find the E-Verify on a current employee, should we run them through even though they started far longer than three years ago?” – Donna, North Carolina

Can we require workers to use PTO for a holiday?

03/05/2018

Q: “We have a PTO plan for some of our employees. Can we update the policy to indicate that if you take PTO on the day before or after a holiday when the center is closed, you must also use PTO hours for the holiday?” – Mary, Iowa

Does this employee’s medical condition rise to the level of a disability?

03/05/2018

Q: “I have developed some issues with my health and I have a note from my doctor that reads the following: ‘Ryan has been evaluated for health concerns that are exacerbated by higher altitudes such as those in Laramie, Wyoming. It would be in his best medical interests to do the majority of his work and living at altitudes similar to Denver or lower.’ What can my company do? Can they fire me?”– Ryan, Wyoming

Could our inclement weather policy be considered discriminatory?

02/26/2018

Q: “We are a small organization with under 10 employees. Our handbook states that during inclement weather, we follow the rules for a delayed start based on what the school district is doing in our county. If schools are on a two-hour delay than we are also on a two-hour delay. Our boss wants to set a policy that for those who have kids in school this delay applies, but if you don’t have kids, or they are grown up, then the delay will not apply. I worry that this can be seen as some kind of discrimination based on the fact that staff whose kids happen to be grown up are generally “older” staff. Can we have such a policy? Also, can we tell hourly staff that they have to be to work on time in order to get paid, but salaried staff get the two-hour delay even though our policy already grants it?” –Anonymous, Nevada

Is using this loophole to avoid paying for unused vacation time a bad idea?

02/26/2018

Q: “I have a New York City client who grants 10 days of paid vacation after one year of employment and each year thereafter. Let’s say upon an employee’s termination or resignation, he does not want to pay for unused, accrued vacation. Is this legal considering the vacation is based or accrued on the previous year’s work and granted on the first of the following year? Or is it legal and just bad policy?” – Kenneth, New York