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...
In a somewhat surprising turn of events, a three-judge panel from the Sixth Circuit Court of Appeals has lifted the stay on the OSHA vaccine-or-test mandate (the Emergency Temporary Standard, or ETS), which applies to employers with 100 or more employees. This decision is already...
Yes. Any overtime worked by non-exempt employees must be compensated, regardless of whether the overtime was authorized. We recommend communicating with the employee about work expectations outside of their scheduled workday, making it clear that the company does not expect or permit employees to work...
On Saturday, November 6, the Fifth Circuit Court of Appeals placed a temporary hold on the OSHA Emergency Temporary Standard (ETS) requiring COVID vaccination or testing for employees of employers with 100 or more employees. The current ruling is temporary, but we expect to learn soon...