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Joseph Beachboard

Fired right after two weeks’ notice: Must we pay?

07/02/2010
Q. A resigning employee gave us two weeks’ notice, but we decided to terminate the employee right away instead. Are we obligated to pay the person for those two weeks he gave notice for?

How quickly must we announce health plan changes?

06/29/2010
Q. When we make changes to our medical plan, how long do we have to get the new summary plan out to employees?

Can we apply a use-it-or-lose-it clause to our company’s vacation policy?

06/18/2010
Q. Our company’s employee handbook states that workers receive two weeks of paid vacation a year. Some of our employees have accrued significant amounts of unused vacation over the years. Can we require those workers to use their accrued vacation by a certain date or forfeit it?

What’s the latest information on USCIS’ new Permanent Resident Card?

06/18/2010
On May 11, U.S. Citizenship and Immigration Services announced it will begin issuing a redesigned Permanent Resident Card, commonly referred to as the “green card.” Employers should familiarize themselves with the new card by visiting the USCIS web site, as they will soon be seeing the new card presented when employees complete required Form I-9.

Can we require employees to use accrued paid leave instead of FMLA leave?

05/24/2010
Q. One of our supervisors needs time off to undergo medical treatment. Instead of FMLA leave, may we require him to use accrued vacation for the time he will miss?

What should we do? We’ve heard rumors that some employees are downloading porn at work

05/24/2010
Q. All of our employees have Internet access at work. We have heard rumors that several employees have been logging onto pornographic and other inappropriate sites, and have been displaying or disseminating objectionable material to others in the workplace. Even though we have not received a formal complaint, do we have an obligation to address this now?

What documentation do we need to hire minors as seasonal employees?

05/24/2010
Q. We would like to hire several high school students to work in our retail store for the summer. Do we need to take any extra steps in our hiring process if we want to employ minors?

Can an exempt employee be disciplined for poor attendance?

05/24/2010
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“Does requiring two-weeks’ notice affect employees’ at-will status?”

05/17/2010

Q. “If we put something in our employee handbook requiring a two-week notice of resignation, does that alter the employees’ “at will” status and create a contract of employment?” — M.P., Texas

At what stage in hiring can we legally require drug tests?

05/11/2010
Q. “We require pre-employment drug screening and this is mentioned on the application. Sometimes, after applicants complete the application and interview, they inform us that they don’t think they can pass the screening. Is there a legal way to find out this information before they even begin the application/interview process?” — R.W., Nebraska