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Employment Law

‘Secret’ reviews are bad policy and may be illegal

12/01/2006

Q. We don’t allow our employees to read or comment on their evaluations. Instead, we discuss the content with them one-on-one and have them sign an acknowledgment that they have discussed their performance. Do we have to show them the actual evaluation or give them a copy?—D.J., Michigan

Don’t dock hours from salaried employee’s pay

12/01/2006

Q. We have a salaried employee who holds down a second job. Sometimes, she leaves early on Fridays and comes in late on Mondays because the second job overlaps with our office hours. Can we deduct anything from her pay after she has used up her vacation and leave time? Or do we have to pay her even though she leaves early and comes in late? —D.J., Virginia

Pay travel expenses for new, longer commute?

12/01/2006

Q. One of our employees normally reports to a facility. But he’s out on workers’ comp and is doing light duty in the office, which is an extra hour of commuting time. I know we don’t have to pay for his commuting time, but what about his travel expenses? —M.T., Massachusetts

Know which leave counts toward FMLA

12/01/2006

Q. I told an employee who takes lots of intermittent FMLA leave that all of her time out of the office (no matter what it was for) would count against her FMLA time. My VP called me in and told me I was wrong and that was absolutely NOT the law. What is the best way to track her intermittent leave? Do I ask for documentation each time? —J.S., Texas  

Contesting Unemployment for Drunk Ex-Employee

12/01/2006

Q. We sent an employee home because he came to work clearly intoxicated. The police later picked him up wandering around, and he missed work because he was in jail sobering up. We fired him, and he filed for unemployment. Can we use the police report to challenge his unemployment claim?—R.H. Florida

Set firm moonlighting policy; punish violators equally

12/01/2006

You have the right to prohibit employees from engaging in other gainful employment while at work. But can you (or should you) ban off-the-clock moonlighting? And when should you discipline employees for moonlighting? …

Release only essential information about a RIF

12/01/2006

When conducting a reduction in force (RIF), it’s vital to handle severance offers carefully. Make sure you don’t needlessly give discharged employees the idea that they can file an age-discrimination lawsuit …

Unpaid helper or official employee? Beware blurry line

12/01/2006

If you allow someone to perform work yet you never officially hire the person, don’t think you can avoid paying by calling her a volunteer. She’s your employee and must earn at least minimum wage …

The danger of fumbling lawsuit paperwork: a case study

12/01/2006

When facing a lawsuit, nothing kills your defense faster than ignoring the paperwork that automatically comes with the territory. While many employment lawsuits may be frivolous, make sure you retain counsel …

Merely reporting an injury doesn’t trigger FMLA notice

12/01/2006

The FMLA protects employees from termination for taking leave. But that provision doesn’t kick in until the employee notifies you about the serious health condition (or relative’s health condition) that triggers the leave …