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Q&A

Why can’t we just go ahead and fire an unpleasant employee?

08/01/2008
Q. About six months ago, we hired a new employee for our accounting department. Although he successfully completed his probationary period and has no formal disciplinary actions issued against him, he simply has an unpleasant personality and does not mesh well with the other employees in the department. Can we simply terminate him? After all, Ohio is an “at will” state. …

Can we refuse to pay employees who work unauthorized overtime hours?

08/01/2008
Q. Our policy prohibits employees from working overtime without specific written authorization from their supervisor. Our policy manual provides that employees will not be compensated for overtime hours worked unless they comply with this policy. Can we legally refuse to pay our employees for unauthorized overtime? …

What to do when employee is caught stealing

07/25/2008
Q. While a manager at one of our locations was on vacation, we performed an audit of her books and discovered that she had written unauthorized checks to herself totaling $25,000. We intend to confront her and terminate her. What else should we do? …

We overpaid! Can we get the money back?

07/25/2008
Q. My company accidentally overpaid two employees last pay period. How may we recoup that overpayment? …

OK to refuse to pay unauthorized overtime?

07/25/2008
Q. We have a company policy forbidding unauthorized overtime in a workweek. May I refuse to pay overtime to an employee who works overtime without authorization? …

What’s wrong with letting an employee ‘Resign’ instead of firing him?

07/25/2008
Q. I have an employee in my department who was involved in a fight at work. He has asked to be allowed to resign rather than be terminated. I like this guy. Should I let him do this? …

Can FMLA leave run concurrent with workers’ comp?

07/25/2008
Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation? …

Termination by phone: legal but unwise

07/24/2008

Q. We have an employee who has been working from home. We’ve decided we really need someone in the office. Can we terminate her by phone? Or do we have to call her into the office? …

Exempt employees and negative leave balances

07/24/2008
Q. I know I must pay exempt employees their full salaries even if they have no accrued benefits in their leave plans and their accounts have negative balances. But can I keep negative balance tallies and then subtract the negative balances as the employees earn more leave? …

Employee handbooks: Are they mandatory?

07/24/2008
Q. We have never had an employee handbook. Do we need one? If so, how do we start? …