Q. I recently fired an employee for dishonesty (stole from the company) and have not paid her final check. This ex-employee owes the company as much as I owe her. I want to simply break even and not pay her. Can I do this?
No, unless you have a court order, are authorized by law or have a written authorization from the employee. Employers are governed by the Texas Payday Act which clearly states that an employer must pay an employee for time worked furthering the business. Failure to pay could result in penalties.
The best way to avoid any problem like this in the future is to have a written employee manual outlining reasons for termination and the procedure the company follows. Further, it should state that the employer is entitled to deduct from the employee’s paycheck any amounts owed the employer (i.e. for loans, uniforms, insurance, etc.). The employer should document the employee’s file and include the receipts and evidence for any stolen merchandise.
Q. Can I prohibit my employees from sending or receiving personal emails while at work?
Yes, so long as you have a well documented employee manual that puts the employee on notice of your intention of limiting personal emails. The employee manual should be signed by the employee upon receipt. This will enable the employer to enforce the rule. Also, it is important to note that the employer must enforce the rules fairly and show no favoritism. The employer must also be flexible with the personal needs of its employees to ensure retention. It is a tough balancing act but can be done.
Q. I have heard you talk a lot about terminating employees and want to know what at-will employment means? I thought I could fire an employee for whatever reason.
At-will employment in Texas means that you can terminate an employee for almost any reason. So long as the employer does not have an employment agreement with the employee and does not discriminate (as the basis for termination) on the basis of race, gender or age, the employer is justified in the termination. That said, the employer should take precaution and be sure to have a well-documented personnel file substantiating the termination since the employee may seek retaliation. It is a tricky area and I advise employers to involve their legal counsel when the issue of employee termination arises.
Editor's note: The information in this column is not intended as legal advice but to provide a general understanding of the law. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances.
