Q&A

How soon must NC employers pay final checks?

10/01/2007

Q. We have an employee whom we fired on a Monday and we paid him his final check on the next regular payday (the following Friday). He said we legally had to issue his final check within 48 hours of the firing. Is that true?—M.D. ...

How to put a stop to FMLA leave abuse

10/01/2007

Q. I suspect one of the employees in our office is abusing his FMLA leave because he always seems to call off work at the end of the week or around holidays. What options are available to us to deny his suspicious leave requests? —E.L. ...

Don't dock last paycheck for 'Stolen' laptop

10/01/2007

Q. Our company recently terminated an employee for violating company policy. At the time of his termination, he had a company laptop, which he refuses to return. Can we withhold his final paycheck pending the return of the company equipment? Or, can we deduct the value of the equipment from his final paycheck? —S.F. ...

Is return to work after workers' comp guaranteed?

10/01/2007

Q. An employee has been out for the past few months on workers’ comp. During his recovery, we placed someone else in his position. His replacement has performed better than the injured employee, and we want to keep the replacement. Do we have to return the original employee to his job following his return from workers’ comp leave? —R.P. ...

On-Call pay

10/01/2007

Q. Some of our programming staff members, who are classified as nonexempt, must be “on-call” nights and weekends. That means that if we call them on their cell phones or beepers, we expect them to come to work. Is the time spent “on call”—waiting for a potential call—compensable time? ...

Reading personal mail at work

10/01/2007

Q. Several employees have complained that they received personal letters via our company’s regular mail system (not e-mail) that had been opened by someone else in our company. Can other employees or supervisors open and read personal mail sent to employees? ...

Collecting for damaged equipment

10/01/2007

Q. We recently terminated an employee and subsequently learned that he damaged company equipment through his own negligence. My boss wants to deduct the cost to repair the damage from his final paycheck. Is this legal? ...

Downsizing and FMLA leave

10/01/2007

Q. Our company is in the process of going through a reduction in force. One of the positions that has been selected for elimination belongs to an employee on FMLA leave. Can we still eliminate the position? ...

Religious accommodations

10/01/2007

Q. An employee of ours is requesting a personal day off for religious observance. He is salaried and has exhausted all vacation and personal time. Are we required to give him the day off? ...

When employee keeps our property, can we deduct from the last paycheck?

10/01/2007

Q. If an employee quits or is terminated and refuses to return employer property—such as a pager or a cell phone—can the employer deduct the value of the property from the employee’s final paycheck? ...

FMLA intermittent leave and hours worked

10/01/2007

Q. We have an employee with a chronic health condition who began taking FMLA intermittent leave in February. She had worked more than 1,250 hours in the 12 months before the leave started. By June, she had dropped below 1,250 hours. Does she lose her eligibility now? ...

Rights of returning Iraq vets

10/01/2007

Q. One of my employees is scheduled to return this fall from a two-year tour of duty in Iraq. What rights does this employee have regarding his return to work? ...

When litigious employee continues to threaten retaliation suit

10/01/2007

Q. An employee filed a sexual harassment claim with the Ohio Civil Rights Commission against my company. The commission investigated the charge and found it to be without merit. She still works for us and is continually threatening to file a retaliation claim. Can she? ...

Michigan's minimum wage is higher than the federal rate

10/01/2007

Q. The federal minimum wage increased in July. How does that relate to the minimum wage in Michigan? ...

Employee fraternization—The kiss of discord?

10/01/2007

Q. We are a relatively small company, and it has come to our attention that two of our single employees have become romantically involved. One of the employees is in management. We have no policy addressing employee fraternization (if that is the correct term), and we wonder whether we can, or should, do something about it. Ideas? ...