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  • Withholding Pay Iowa

    I have this question in to our lawyer but was hoping for some quicker advice here. I own a small company, 10 employees. I recently had an employee who we sat down to put on a probationary period because she was not doing her job well. In short she was showing up late, leaving early getting lots of personal calls, texts, and failing to take care of her job responsibilities. When I sat her down before I could talk she offered a voluntary resignation which I accepted. After she left I reviewed the log history of web sites visited by her work computer and it turns out she spent the majority of the last week job hunting and on MySpace!?!? In the last week she made several errors which cost me several hundred dollars. My questions is my I deduct the cost of these errors from her final pay? It is reasonable to believe these errors would not have been made had she been doing her job properly rather than surfing the web. Also she did not write on her time card when she left at all this week so how do I figure her hours? Do I clock her out when her visits to the personal web pages started?

    Thanks for any advice.

  • #2
    You would have an uphill battle if you determined what were "work hours" and what weren't if the employee chose to file a claim for unpaid wages. The fact that she was not productive for XX hours doesn't mean that she still wasn't under your control. I'd pay the hours and write it off to a bad hire. And make sure your internet policy is clear; you also might want to consider some site control software.
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    • #3
      Figuring hours Iowa

      Thanks for the help. Any idea on how I actually figure out her hours? I was gone the week that this happened and she has her own office. Since she did not clock out at all, how do I figure out what hours she worked?

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      • #4
        I'd pay her full shift unless you can get different information from another employee who can confirm what time she left.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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