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terminate an employee

Can We Terminate an Employee Who Doesn’t Fit With Our Culture?

Question: We want to terminate an employee who doesn’t fit with our culture. Can we do this? Do you foresee any issues? Answer: First things first, check your policies and any correspondence (like an offer letter) that have been given to the employee to ensure that you have established an at-will employment relationship. Most employers state that […]

exempt employees

Can We Require Exempt Employees to Clock In and Out?

Question:  Can we require exempt employees to clock in and out? Answer:  While it doesn’t violate the FLSA to have an exempt employee clock in and out, it is recommended only tracking exempt hours if there is a business reason to do so. There are some valid reasons for tracking exempt employee hours. For example, […]

ADA accommodations

Document efforts to identify reasonable ADA accommodations that will work

Sometimes, it takes a while to come up with disability accommodations that will work. Employers that document the ADA’s interactive process and offer multiple options seldom lose lawsuits alleging failure to accommodate. Recent case: James was an electrical lineman, building and maintaining power lines. The job was rigorous and required, among other things, lifting and carrying […]

adverse action

Timing is everything: Note when you first tell employee about any adverse action

Do you occasionally orally inform an employee that she will not be getting a promotion, an accommodation or some other benefit before you provide official written notice? If so, make sure you note when that happened and what you said. Reason: When it comes to deadlines for filing an EEOC complaint, the employee’s clock begins to […]

The NEW I-9 Form Requirements

New I-9 Form The United States Citizenship and Immigration Services (USCIS) released a new Form I-9, Employment Eligibility Verification, on Monday, July 17. Employers will be able to use this revised version immediately, but may continue using the Form I-9 with a revision date of 11/14/16 through September 17, 2017. Beginning September 18, employers must use the revised form […]

Accommodate a Disability

Can We Reduce Hours and Pay to Accommodate a Disability?

Question: We have an employee who has an illness covered by the Americans with Disability Act. The employee provided us with a letter from her doctor stating that she needs to be able to work from home 2 to 3 days per week. This employee is a Team Lead and we need her to be in […]

Performance Improvement Plan

Why Use a Performance Improvement Plan?

Question: What is the purpose of a performance improvement plan? Can’t we just terminate employment for poor performance? Answer: The use of a performance improvement plan (PIP) can help reduce the risk inherent in any termination. A PIP is used to help employees whose performance has slipped, become inconsistent, or otherwise needs improvement. It’s safest to terminate […]

pay an employee

Do We Have to Pay an Employee Who Drove to a Cancelled Meeting?

Question: A non-exempt employee, forgetting that a meeting offsite had been cancelled, clocked in at the office and then drove to the meeting. He was halfway to the location before he remembered the cancellation. He then returned to the office and clocked out. His clock time came to 25 minutes. Since he had been notified of […]