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Ask the HR Expert — Can we take disciplinary action against this employee?

HR
Q: One of our managers was watching the cameras when he saw an employee reading. This employee closed the book when a customer approached, but then resumed reading after the interaction. Can we take disciplinary action against this employee? A: Based on the information you provided, was this employee already given a verbal warning that recreational reading on the…
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Ask the HR Expert — Does this justify termination?

HR
Q: One of our managers, who is over 65, hasn’t been performing well. In the most recent incident, he gave away services to a family member for free. This violates our policy, but is it enough to justify terminating his employment? We have supporting documentation, but we’re worried about age discrimination.  A: The most important thing you can do…
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Ask the HR Expert — Requesting confidential information

HR
Q: We received a letter from an attorney requesting confidential information from an employee record. Are we obligated to respond? A: No.Without a subpoena, you are not legally obligated to provide the information an attorney is requesting. However, you may: Comply after verifying with the employee whose information is being sought if s/he approves of its…
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Ask the HR Expert — FMLA and Holiday Pay

HR
Q: We have an employee who will be on FMLA maternity leave during upcoming paid holidays. Do we need to pay this employee for those holidays? A: Whether this employee is entitled to additional benefits (i.e., holiday pay) besides health insurance during her Family and Medical Leave Act (FMLA) leave is based on your organization’s established…
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Ask the HR Expert — Exempt Pay Rules

HR
Q: An exempt, salaried employee missed multiple days of work for personal reasons. Can we deduct these missed days of wages from their salary or do we pay the employee for the days they did not work? A: Generally you need to pay exempt employees for weeks in which they perform any work. However, there are…
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Ask the HR Expert — Workforce Safety

HR
Q: We had a physical fight break out in our facility between customers. The owner broke up the fight. However, he doesn’t want his employees to do the same thing if this happens again. How should we advise our employees to handle violence between customers if it occurs at the workplace? A: If you do not already have…
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Ask the HR Expert — Hourly Pay Confusion

HR
Q: We have an employee who worked outside of normal business hours. This employee did not get permission prior to working on this day. By law, do we have to pay the employee for that day? A: Yes, you are required by law to pay this employee for hours worked, even if that time wasn’t authorized. However, you…
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Ask the HR Expert — Description of Job Duties

HR
Q: Does our owner have the legal right to tell our sales and service staff that they must make a certain number of calls per week to be employed?  Can we fire someone for not following this rule? A: If it is written in the job description along with what will happen should the number…
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Ask the HR Expert — FMLA Guidelines

HR
Q: We had an employee who went on FMLA which recently ended. We kept him employed, but on additional leave, for another month. At that time, he informed us that his doctor told him he could not come back to work because of his condition. We terminated his employment. A month later, he came to work…
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