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Q&A

How to regain wages paid after worker falsified timecards

07/08/2008
Q. We recently discovered that one of our employees has been falsifying her timecards. When we confronted her, she admitted it but said that she only began doing this recently. An internal investigation showed that this has been going on for several years. Over the past two years our company overpaid her at least $5,000 as a result of her fraud. She resigned. Her final paycheck, including wages and accrued paid time off, is $1,500. Can we refuse to pay her final paycheck and use that money to offset the $5,000 she owes us? How do we recover the remaining $3,500? …

Can we ask applicants about their immigration sponsorship and legal status?

07/08/2008
Q. I was recently reviewing an employment application submitted by a candidate for an open position. Can we lawfully ask whether the candidate requires immigration sponsorship in order to obtain authorization to work for our company? …

The FMLA and domestic partners

07/07/2008
Q. Several of our company’s employees live with domestic partners. Are these employees entitled to leave under the FMLA? …

Union-Free and eager to stay that way

07/07/2008
Q. Our company has operated union-free for many years. How can we best protect ourselves against future union-organizing activities? …

Returning worker, FMLA leave and consecutive employment

07/07/2008
We have an employee who has worked for us for more than 12 months, but not 12 consecutive months (he left, and then we rehired him). Now this employee is requesting FMLA leave. Must the months of employment required to be eligible for FMLA leave be consecutive? …

Isn’t there some way we can provide honest references?

07/07/2008
Q. We work in a very small industry, and employees tend to circulate among various employers in our greater metropolitan area. Many of us belong to the same trade and professional organizations and know each other. We would like to be able to provide each other with honest information in response to reference checks about an employee’s work history, but everyone is reluctant to do so because the general opinion seems to be that the safer course of action is to give only names and dates of employment. Can employers provide honest information about the reasons for employment terminations in response to reference requests? …

Must you provide employees with printed copies of annual reviews?

07/01/2008
Q. We have a supervisor who does annual review meetings with his employees, but doesn’t give them a printed copy. He told our HR department that he keeps the reviews at home and doesn’t want to give us copies. Must we retain copies in our official employee file? — A.R., Minnesota …

Can we send employees on an unpaid ‘Vacation’?

07/01/2008
Q. We are a physicians’ group with multiple sites. If one of our physicians, who has a small office with three employees, decides to go on vacation, can he legally say he wants only one employee to work and the other two have to take time off without pay? — J.B., Massachusetts …

Flex schedules: Do we have to offer to everyone?

07/01/2008

Q. Two of our employees are struggling with serious family issues that make it hard for them to get to work on time. We’ve let them adjust their schedules. Now we have others who want to adjust their schedules … Do we have to give schedule flexibility to all employees?

Can we require time off as theft-Prevention measure?

07/01/2008
Q. As a theft-prevention measure, we require all employees with check-signatory power to take a 40-hour work period off every year. Can we require those employees to use accrued leave, such as vacation? Or, do we have to give them an extra paid week off? — P.B., Oklahoma …