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Employment Law

Don’t push an employee toward disability leave

09/01/2006

Q. We have an employee (an officer at the bank) who was out six months with a heart condition. He has had performance problems on and off since then. He was hospitalized again with pneumonia and returned looking very bad, but his doctor says he’s fine to return to work.  We approached him about taking disability and SSI benefits, but he refuses. Now we face a morale issue because he constantly talks about his illness and his co-workers feel he isn’t performing. If we terminate him, what is the best approach? —C.T., N.J.

Obtain written OK for wage deductions

09/01/2006

Q. Our company allows employees to purchase products on an installment basis. When employees quit and haven’t yet paid the full amount, can we deduct the remainder due from their last paycheck?—K.M., Pennsylvania

Rein in Rogue ‘Early-Clockers’

09/01/2006

Q. We’ve repeatedly warned a part-time employee about clocking in earlier than he’s supposed to, sometimes more than an hour early. We know that we have to pay him for any hours worked, but what can we legally do to get him to work only the hours set for his position? —L.K., Missouri

Tighten policies on laptop usage and security

09/01/2006

An increase in laptop thefts and several new state laws on data-theft disclosure are pushing more U.S. employers to establish tougher security policies for employees’ laptops, PDAs and other tech devices …

Don’t dock exempt workers’ pay for lost equipment

08/01/2006

While you can set a policy that deducts from nonexempt employees’ wages if they damage or lose company equipment, don’t extend that policy to exempt employees or you’ll risk their exemption status …

Online tool helps workers earn back wages

08/01/2006

The Labor Department’s Wage & Hour Division launched a new Back Wage Employee Locator online tool to help people determine if they’re owed back wages as the result of an investigation …

IRS warns about independent contractor errors

08/01/2006

The IRS issued a fact sheet this summer to remind employers to correctly classify workers as either independent contractors or employees. (IRS FS-2006-21) The main factor: control …

Employer not liable for acts by independent security staff

08/01/2006

If your organization contracts out security services, the Texas Supreme Court has just handed you a substantial victory that makes it less likely you’ll be liable if your independent-contractor security guard injures someone …

When punishing employees’ use of slurs, equality counts

08/01/2006

The mantra in real estate is "location, location, location." But the mantra in employee discipline must always be "consistency, consistency, consistency" …

You can’t push contract-Breach case to federal court

08/01/2006

If you’re a Texas employer that agrees to settle an on-the-job injury case out of court, be prepared to follow through. If you don’t, you just may find your organization in a less favorable Texas court defending itself against breach-of-contract claims. And that can mean a big, fat award from an angry Texas jury …