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Carl Crosby Lehmann

Is an employee who resigned (instead of being fired) eligible for unemployment benefits?

08/12/2010
Q. We recently decided to conclude a long-time worker’s employment with our company. We gave the employee the option of resigning instead of being fired. She chose to resign and is now trying to collect unemployment benefits. Is she still eligible even though she resigned?

Must we pay for our employees’ uniforms?

07/15/2010
Q. Our organization requires employees to wear uniforms on the job. Do we have an obligation to pay for the uniforms?

What’s the word on the kind of work high school students are allowed to perform?

07/15/2010
Q. Our company owns a number of hardware stores and we plan to hire some high school students this fall. Are there certain limitations under child labor laws that restrict the types of duties that minors can be allowed to perform?

In our company, sleeping on the job is OK, but do we have to pay employees for it?

07/15/2010
Q. We operate a home health care business. Our employees frequently are on duty for more than 24 hours. If employees are able to sleep during shifts that are 24 hours or more, do we have to pay them for those hours?

Can we fire worker suspected of raiding the till?

06/09/2010
Q. We strongly suspect that one of our employees has been taking money out of the cash register. Whenever he is responsible for the register, there are a lot more shortages than when others work the register. Even though we can’t prove he is taking money, can we terminate his employment?

Hiring from the competition, how much should we ask about any noncompete agreements?

06/09/2010
Q. We are considering hiring an employee away from one of our competitors. Should we ask whether she is subject to a noncompete agreement, or is it better for us to move forward not knowing the answer?

How should we handle pay for employee who will be out two weeks on National Guard duty?

06/09/2010
Q. One of our full-time employees has just informed us that he will be on two weeks of National Guard duty soon. He will be absent from work to attend an annual encampment in a reserve branch of the armed forces. What are our legal obligations concerning pay to this employee?

Do we have to compensate employees who answer pagers off-the-clock?

05/14/2010
Q. We require certain employees to be on-call for customer service needs that arise after hours. Employees carry a pager while on-call, and are expected to respond to pages right away. Do we have to pay our employees regular wages, or a minimum number of hours and overtime for being on call?

How far can we go to discipline employees for criticizing us online?

05/14/2010
Q. Under our social media policy, we prohibit employees from disparaging our company in any social medium. Two of our employees recently uploaded a video to YouTube in which they criticize our safety record and say we don’t pay good wages. Can we terminate these employees for this activity?

Can we refuse to hire member of National Guard because she lacks weekend scheduling flexibility?

05/14/2010
Q. Can we refuse to hire a qualified applicant who has told us her National Guard duty conflicts with some of the weekends she would be required to work? Employees in this job bid for rotating scheduled weekends under a union contract seniority system. The applicant’s schedule for Guard duty is not flexible.