Do we have to give a former employee copies of her paystubs?
A terminated employee is requesting us to create and provide her with duplicates of all of her paystubs throughout the course of her employment. Also, [...]
About Ann Kiernan
Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.Can an employer ask that the employees go to a mandatory meeting after work hours and not pay them?
Posted 05-12-2010 Ann Kiernan replies: No! Not unless they are salaried executives or professionals. Non-exempt (hourly) employees are entitled to be paid for all hours [...]
I was laid off 7 months ago due to lack of work, and the company is now hiring that same position. Don’t they have to call me back?
Posted 05-12-2010 Ann Kiernan replies: Sorry to tell you, but not necessarily. If you were a union member, your recall rights would be spelled out [...]
Can I be fired because my boss’ wife hates me?
She filed for a divorce, and my boss told me that he'd need to let me go because he needed to save his family. He [...]
If I use synthetic urine for a pre-hire screen to mask a pregnancy, can my employer fire me for doing so?
Posted 04-14-2010 Ann Kiernan replies: Yes. Even though you were not trying to hide illegal drug use, you could be fired for dishonesty in the [...]
Should a company have a policy around the use of cell phones in your personal vehicle while on company business?
Posted 04-14-2010 Ann Kiernan replies: Certainly! If you allow cell phone use while driving, that policy should require using a hands-free device. You may want [...]
Can I consider FMLA time when evaluating candidates for promotion?
Our attendance reports show working time in green, excused time away, such as FMLA, as yellow, and sick and other unexcused time as red. When [...]
What is the proper way to inform an employee that he has an offensive body odor?
Aside from the obvious suggestion that fellow offended employees leave soap and deodorant all over this employee's work space and give holiday gifts of like [...]
Does an employer have the legal right to tell employees why someone was fired?
Posted 03-03-2010 Ann Kiernan replies: As a general rule, yes, an employer is free to tell others why it terminated an employee. However, if the [...]
Can an employer dismiss an employee who has a legal adult website and makes no reference to it at work?
Posted 03-03-2010 Ann Kiernan replies: In many states it is illegal for an employer to use your private life against you in your job. That's [...]