Ask the Lawyers – Recent Questions

Here are the answers to questions submitted to our attorneys about employment law issues. We update these questions monthly. Questions are answered by Fair Measures attorneys Ann Kiernan and Steve Duggan. To search by specific workplace issues, please see our organized answers in our list of FAQs.

Can owner make employee work off the clock?

Can an owner make an employee stay and finish work after he has clocked out for the day? Also, can an owner require an employee [...]

OK for employer to ask applicant about race and ethnicity?

What does the federal law say about requiring an employee to self-identify about race/ethnicity? Steve Duggan replies: If an employee or applicant for employment is [...]

Can I be fired for a Facebook comment?

I was recently fired for a post on my private Facebook page which didn't mention where I work, or names of any sort. I believe [...]

Is workplace investigation required where employee leaves early every week?

I have an employee that calls in or leaves early at least once every other week if not every week. Reasons are stated as being [...]

Is it harassment when owner makes slurs about other groups?

The owner of my company constantly talks poorly and discriminatorily about Muslims and Arabs. While I am not one of those, I do find it extremely [...]

Can my supervisor tell everyone why I was on FMLA?

I was recently several weeks pregnant and due to complications was out on FMLA. I advised HR and supervisors because it was a requirement of [...]

Am I entitled to a pay stub?

In Texas, is an employer required to give payroll stubs if requested? I asked for a copy of stubs from my employer and was refused. [...]

Is this sex discrimination?

My employer fired me for theft of a vacuum that my boyfriend took to try and fix, after he had advised another coworker of such. [...]

Can I layoff an employee due to lack of attendance and production?

Ann Kiernan replies: Someone who doesn’t come to work and doesn’t produce while at work certainly can be fired. But, please don’t take the lazy [...]

Can we ask contractors to use a time clock?

May I ask those providing service under a contract to sign in and out using a time clock when they are on premises?  (This is [...]