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Q&A

Can severance deal address unemployment?

09/17/2012
Q. We want to terminate an underperforming employee and are considering offering a severance agreement in which we agree not to contest unemployment benefits and he agrees to resign and release the company from any claims. Is that OK?

What should we do about consensual relationship between manager and subordinate?

09/17/2012
Q. We just found out that one of our managers is having a consensual sexual relationship with someone who reports directly to him. If we confirm with the subordinate that she believes the relationship is consensual, do we need to do anything else?

Facebook could prove our employee lied! How far can we go to gain access?

09/17/2012

Q. One our employees called in sick for a shift during a recent holiday weekend. He told several co-workers that he didn’t come to work because he was having so much fun at his cabin. According to a few co-workers, he made several Facebook posts about his various recreational activities on the day that he was allegedly too sick to work … Can I ask one of the co-workers to show me the Facebook posts?

Employee unable to sign time sheet: What do we do?

09/13/2012

Q. If an employee is not available to sign his or her time ­sheet, can the supervisor sign the employee’s name and include the supervisor’s initials and a comment stating that the employee is not available to sign?

Manager divulged private health info: Now what?

09/12/2012
Q. We approved an employee to take FMLA leave to care for her seriously ill father. The problem is that her supervisor has shared the details of the dad’s illness with other employees. This is a breach of confidentiality. The employee has complained. What should happen to the supervisor?

Maternity leave: How long must we hold job open?

09/07/2012

Q. How long do we have to hold a position for an em­­ployee on maternity leave if we employ fewer than 50 people? Our company policy says eight weeks, but what I have found ranges from six to eight weeks from birth. The FMLA says 12, but we do not seem to qualify for that due to our size. 

Does ‘introductory period’ affect at-will status?

08/29/2012

Q. Can you direct me toward information regarding new-employee introductory periods and what impact this may have on “at-will” classification?

OK to pay overtime to salaried supervisors?

08/23/2012

Q. Our company pays overtime to salaried supervisors for hours they work over 40 in a week. I have never heard of this compensation practice. Is it legal?

Is it legal to terminate a highly paid employee just because he earns so much?

08/23/2012

Q. We need to cut costs, and have started to explore trimming our staff, starting with those who earn far more than other employees. Are there any dangers in doing so? Can we legally fire a high-earner because of his salary?

What should we keep in personnel files?

08/23/2012
Q. Does Pennsylvania law specify what we should keep in personnel files?