• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Susan Lessack

Does independent contractor status affect unemployment benefits for temps?

09/02/2014
Q. We’re aware of the unemployment comp responsibilities that come with being the last employer on record, so we require that all seasonal temps sign a policy that clearly states when their employment with us will end. If temps are hired with 1099 status, will our company still be responsible as the last employer on record and held liable for unemployment benefits? If we use a temp agency, are we liable?

How should we handle wage overpayment?

09/02/2014
Q. We recently overpaid an employee by $3,500 but the discrepancy was not discovered until six months later. Can we automatically and legitimately withhold those wages from his paycheck? Also, would it be inappropriate to dock additional wages for the employee not making us aware of the mistake?

If a new employee leaves in short order, is there a way to recoup training costs?

09/02/2014
Q. Can we require employees to repay the company (through payroll deduction) for training costs if they quit or are fired within one year?

Can we require lie detector tests?

07/02/2014
Q. We have experienced several incidents of employee theft over the past few years. Would it be legal to require all job applicants to take a lie detector test?

What should we do? Her request for time off was denied, so she called in sick

07/02/2014
Q. What do we do if an employee calls in sick even though her request for time off was denied?

Do we have to warn someone before firing?

06/19/2014
Q. Is it OK to terminate an employee without first issuing some kind of a disciplinary warning?

Is there any law against nepotism?

04/30/2014
Q. Our COO just hired his son as a district manager for our largest region. There are many other individuals within the organization who are more experienced for the position. Are there any laws regarding nepotism in Pennsylvania?

What’s the legal standard for firing an executive for behaving inappropriately?

04/30/2014
Q. We recently held a three-day meeting and on the second night one of the regional account executives proceeded to drink too much and behave very badly. He failed to show up for the final day of the meeting. Is this grounds for dismissal?

Can we compel a former employee to update LinkedIn to show she no longer works here?

04/09/2014
Q. It’s come to our attention that a former employee of ours has not updated her LinkedIn profile after her termination 10 months ago for insubordination. Would we have a cause of action against her?

How far must we go to accommodate a pregnant employee’s no-lifting request?

03/31/2014
Q. We have a pregnant employee who works as a nurse and has asked that she be excused from lifting patients during her pregnancy. Do we have to grant her request?