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Questions
& Answers Nov 25, 2001
by Dr. Lynne
Curry
Question:
Can I fire an employee who cheats on her time sheets?
Answer:
Yes, if you can prove it. Someone who cheats on a time sheet
embezzles funds in the form of payroll dollars. To make sure
you can fire without any backfire, collect all the facts you need
to prove intentional time card falsification. According to
attorney Tom Van Flein, when a terminated employee sued Jewel Food
Stores for wrongful discharge, he alleged his incorrect time card
was due to an oversight and an innocent mistake. As a result, the
case went to trial and the employer had to prove the employee’s
intentional deceptive act.
Question:
I suspect one of our managers of spending a fair amount of work
time running his sideline business. I don’t want to fire him
until I investigate but first I need to know my rights. For
example, can I go through his computer and read his deleted
emails? Then, can I fire him for working for himself when I’m
paying him a salary?
Answers:
According to business attorney Paul Davis, if you routinely
expect your management employees to work fulltime, you "can
fire the manager for failure to devote his full attention to
business during the work day."
Next, according
to three employment law attorneys, recent court decisions support
an employer’s right to look through the contents of an employee’s
email files when investigating possible wrongdoing. However,
attorney Chris Hyatt suggests you first institute a written policy
on computer use that prohibits all personal use of computers by
employees or at least limits personal usage to non-working hours.
Says Hyatt, a
good "policy should also clearly state that all electronic
communications and computer information are employer property and
the employer may review them at any time without notice to
employees. Making the company's expectations known gives employees
a chance to correct their behavior. If employees continue to
personally use the computers despite the policy, disciplinary
action is fully appropriate."
Question:
I just took a job marketing for a building contractor and need to
work with a lot of men not used to working with women. I’ve
noticed that when I travel with men from the office, they shake
hands with our customers and I’m not used to shaking hands.
Also, some of the guys look funny at me when I follow up and shake
their hands. What’s going on?
Answer:
I think you need to learn how to shake hands. Most men and many
women expect a firm handshake and if you offer a limp handshake
you make them feel uncomfortable. To successfully pass the
handshake ritual, offer to shake hands when you initially greet a
customer by holding out your hand. Then, firmly clasp the customer’s
hand so the web of your hand meets the web of his hand. If you see
a funny look, you need to increase your handshake’s firmness. If
you see a look of pain, you’ve clasped too strongly.
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