The Mailbag.

• Author: Delogu, Nancy

A manager saw troubling information on employee's phone: Can we terminate?

Q lf an employee allows her manager to read text messages on her own phone and the manager reads something that could result in termination, is the employer allowed to terminate?--Anonymous, Georgia

1. Yes, if the employee truly allowed the manager to review messages on her phone, there is no reason the manager cannot act on that information.

   Note that in some jurisdictions, managers are prohibited from asking for access to an individual's phone or other social media account passwords. However, the situation you described does not sound like it fits into a scenario in which the manager had acted inappropriately.

   Online resources For more advice on avoiding phone-related liability, read 6 Ways to Manage Use of Personal Smartphones for Work at www.theHRSpecialist.com/smartphone.

   Can we lay off an employee while he's out on workers' comp leave?

   Q I have an employee that is currently on workers' compensation leave. He has just been released to light duty. Currently, however, we are slow and don't have work for him. We have recently laid off some people because we aren't busy and there's not enough work. Can we terminate his employment even though he is on workers' comp?--D., Arizona

1. Yes, you can typically terminate an individual's employment even if they are receiving workers' compensation benefits, as long as you are not doing so because they filed a claim for workers' comp. The lack of work would be a legitimate reason to reduce headcount, and it sounds as though you have had to let other workers go.

   Understand that the termination of his employment typically will not affect your ability to pay his medical benefits for so long as he needs those per the workers' compensation laws. And he may continue to receive some benefits for any reduced work capacity since his earning power is presumably reduced by his current work restrictions.

   Online resources For advice on taking control of your workers' compensation costs, go to...