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Ask the Attorney Archives

The employee is gone, but so is our property–can we withhold the PTO balance?

09/24/2013

Q: Can an employer withhold an employee’s PTO balance upon termination for failure to return company property such as a badge, access card, etc.? – Nichelle, Tennessee

Is a probationary employee entitled to holiday pay?

09/24/2013

Q: While an employee is within the 90-day probationary period, is an employer required to offer holiday pay? Can the employer exclude this and start paying for the holidays only after the probationary period is complete? – Pam, Ohio

A layoff is imminent–can the job, and its pay rate, be redefined instead?

09/24/2013

Q: Are there any payroll laws that prohibit an employer from offering a new job description with a lower wage in place of a layoff? – Kim, Pennsylvania

How much access to disciplinary records must we provide to employees?

09/24/2013

Q: Are employers required to provide employees with copies of performance improvement plans or disciplinary action documentation?  – Nichelle, Tennessee

Can we run a second background check in light of new information?

09/03/2013

Q: We currently run background checks on all potential employees, and one particular offense/conviction for which we deny hiring is anything sexual in nature. We ran a background on a current employee (prior to hire, and everything returned clear). We have since received notification from another employee that the individual hired may have been convicted of a sexual offense after being hired. Can we legally run another background to verify? – Cortney, Texas

Do nonprofits have to play by all the same rules as the typical company?

09/03/2013

Q: Generally speaking, do nonprofit organizations (not governmental agencies) have to follow certain employment laws, like FMLA as an example, if they have under 50 employees regardless of the fact that such a nonprofit may fund their operation entirely or partially with public dollars? – Christopher, Pennsylvania

How and when do we alert COBRA users that their coverage is ending?

09/03/2013

Q: I have a COBRA participant who is nearing the end of his 36-month maximum coverage period. What notices am I required to send him regarding coverage termination? – Cathleen, New Hampshire

Is a waiver necessary before posting employee pics online?

08/26/2013

Q: Does an employer in the state of Illinois need a signed waiver before posting pictures of its staff on its website, Facebook page or other web-based media?  – Ann, Illinois

How do we handle a possible case of ongoing domestic violence?

08/26/2013

Q: A young woman on our staff comes to work often with visible bruises, and last week a black eye. Her husband calls her frequently during the workday, sometimes as many as 10 times in one day. She always has a ready excuse for how the bruises happened. Several staff members have come to me voicing concern that she may be getting abused at home, and I have wondered the same thing myself. Her accuracy level is decreasing, she lacks focus, and is starting to miss work more often. Can I legally approach her and offer resources that are available in our area for battered women?  – Jeanne, Florida

FMLA experts: Where do we find them?

08/26/2013

Q: I am looking for an employment attorney who specializes in all aspects of maternity-related leave. Can you point me in the right direction? What type of resource could help me understand all elements (across legal, HSA, etc.) associated with maternity leave?  – Matthew, Massachusetts