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Q&A

Can we make payroll deductions to pay for employees’ mistakes?

04/01/2008
Q. Our staff includes employees who do repair work and are paid by the job. We offer a 90-day guarantee to our customers. If a customer has to have a repair redone, can we deduct from the employee’s subsequent wages the money we paid for the faulty first repair? …

Do we wind up paying for unemployment comp benefits?

04/01/2008
Q. I just received a notice from the state of Colorado seeking information about an employee who just left our company. The state is trying to determine whether she is eligible for unemployment benefits. If she is awarded unemployment benefits, will the company be charged for that amount? …

What’s the law on demanding a nonsmoking work force?

04/01/2008
Q. The media often have stories about companies that adopt a “no-smoker” policy in order to save on health insurance costs, and force their staffs to quit smoking to keep their jobs. Can my Colorado company do this? …

Good health incentives in the workplace

04/01/2008
Q. Our staff is wondering why we haven’t implemented a wellness program at work to motivate people to learn and practice good health habits. Are there any restrictions on this? …

Advice, please: How should we implement our first severance pay packages?

04/01/2008
Q. Due to economic conditions, we are planning to let go three employees from our 30-person work force. We are planning to provide these employees with four weeks’ pay if they sign a release of all claims. We have never provided severance pay before and have no policies governing the practice. What advice can you give us? …

How to legally verify workers’ ages

04/01/2008
Q. We run an amusement park. We have many jobs that can only be done by people of certain ages. For some jobs, employees must be at least 15, while others have minimum ages of 16, 18 and 21. What is the legal way for us to verify the age of an applicant on an employment application in Ohio? …

Can we ask employee to use paid leave before receiving workers’ comp benefits

04/01/2008
Q. Can an employee who is receiving workers’ compensation wage continuation benefits be required to use sick, vacation and personal leave time to cover days missed due to the work-related injury? …

FMLA leave even if paperwork is lacking?

04/01/2008
Q. Can an employee be required to use FMLA leave if the required paperwork has not been completed by the employee or signed by the employee’s physician? …

Drug testing after a workplace accident

04/01/2008
Q. Last week, one of our employees drove a piece of equipment into a shelving unit. The employee caused substantial damage to the equipment and the products on the shelves. He could have seriously injured a co-worker. The employee’s supervisor reported that the employee’s eyes were glassy and bloodshot. Can we require the employee to submit to a drug test? — S.S., White Bear Lake …

How much cooperation must we give to a state discrimination investigation?

04/01/2008
Q. I own a small medical device company. We are responding to a frivolous charge of discrimination filed by a former employee. The Minnesota Department of Human Rights has contacted us to conduct interviews of certain employees. Do I have to make these employees available? Can I ask to participate in the employee interviews? — S.G., Bloomington …