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Q&A

Can we administer a polygraph test to find out if one of our employees has been stealing?

12/03/2009

Q. I am a manager for a local bank. I strongly suspect that one of my tellers is stealing because his drawer is short every week. I have interviewed several employees, but no one knows anything, and the teller refuses to answer any questions regarding the missing money. Can I require him to take a polygraph test?

How does the Texas job reference law affect what I can say about former employees?

12/03/2009

Q. I recently received an inquiry for a reference regarding a former employee. Does the job reference law alter what I should disclose regarding this person’s employment history?

How should we handle union reps during employee misconduct interviews?

12/03/2009

Q. We recently signed a collective-bargaining agreement with a union. While the labor contract addresses union representation during grievances and arbitrations, it doesn’t offer our managers and security investigators any guidance on whether and how the union can represent a covered employee during any interviews or investigations of possible employee misconduct. What is our duty under these circumstances?

The do’s and don’ts of giving and receiving holiday gifts

12/01/2009

Q. Are there any legal issues regarding employee gift-giving during the holidays? What about giving or getting gifts from vendors?

How to hand out holiday bonuses

12/01/2009

Q. I started a business a few years ago, but this is the first year that I actually have an office with employees. I would like to give them holiday bonuses this year. What are the legal guidelines I should follow?

What can we do? We accidentally overpaid an employee who was out on workers’ comp leave

12/01/2009

Q. While one of our employees was on workers’ compensation leave, she received disability payments. Due to a clerical error, we failed to take her off the payroll during that time, and she continued to receive her regular paychecks while on leave. The employee now refuses to sign an agreement to return the money on a payment schedule we were willing to set up. As a result, we would like to dock her pay for the overpayments. Are we allowed to do so?

Can an employee opt out of mandatory breaks?

12/01/2009

Q. An employee has asked to work through his two daily 10-minute rest periods because he would like to leave work 20 minutes early. Are we permitted to implement this arrangement upon his request?

Must we pay for steel-toed protective boots?

12/01/2009

Q. Most of our employees wear safety steel-toed boots. One of our employees said his boots are worn out and we are required to reimburse him when he buys a new pair. Is that correct?

If employees leave because of bad weather, must we pay them for a whole day’s work?

12/01/2009

Q. Do we have to pay our employees for a full day’s work when they leave early due to bad weather?

Can we take away accrued vacation leave?

12/01/2009

Q. Some of our employees have accrued large amounts of vacation pay because they have worked here for many years. Can we strip this vacation pay at the end of the year?