Yes, in two circumstances. First, you can discipline the employee if their other job violates your outside employment (aka moonlighting) policy. Second, you can discipline an employee who obtained FMLA leave fraudulently. If, however, you do not have a policy that specifically prohibits employees from...
You need to investigate the matter. A racially insensitive comment could be considered harassment—unwelcome behavior that’s based on a protected class such as race. Harassment becomes unlawful if putting up with it is a condition of continued employment or if the conduct is severe or pervasive...
In the 2009 movie Up in the Air, George Clooney and Anna Kendrick play corporate downsizers—HR consultants that companies across the country hire to terminate employees for them. The practice wasn’t exactly common at the time, and fortunately never took off, but it was believable. Terminations are...
FMLA is short for the Family and Medical Leave Act, a federal law that provides employees with unpaid, job protected leave and benefits continuation in certain circumstances. People also commonly call leave under this law FMLA, as in “I’m going on FMLA.” FMLA generally provides...
The most risk-averse approach would be to terminate this employee as well. Any time you deviate from consistent disciplinary practices—in this case terminating for forging timesheets—you open your organization up to greater risk of discrimination claims. This employee would no doubt appreciate not losing his...
It depends. You can certainly share a copy of the original complaint with the person who filed it. You can also tell them about the general results and let them know whom they should speak to if the harassment continues. You shouldn’t hand over investigation notes,...
There really isn’t a strict definition of what constitutes job abandonment. Many employers use the standard of three consecutive absences with no notice, but you can set the standard for your organization. To keep everyone on the same page, we recommend defining job abandonment in your...
Terminations involving remote employees function much the same as those in a physical worksite, but there are some things to keep in mind: If the employee works in a different state, you’ll need to follow that state’s laws regarding termination procedures, paperwork, and final paychecks....
An employee in a job that regularly requires lifting 50 pounds now says they can only regularly lift 25 because of an off-the-job injury. Can we terminate? Possibly, but proceed with caution. The Americans with Disabilities Act (ADA) requires employers that have 15 or more employees...
When an employer receives a harassment claim, they have a legal obligation to examine the claim by conducting a thorough investigation. This includes the following steps: Select an interviewer. Typically, this person would be an impartial manager, company officer, or HR representative. They should approach...