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Home » topics » Termination
COMPLIANCE

What to do when an employee uses FMLA to cover drinking

November 10, 2022 by

By Lynne Curry Question: We suspect one of our employees of using intermittent FMLA leave to cover her abuse of alcohol. We see a clear pattern. She takes leave two to three Mondays a month. Prior to her requesting FMLA leave, she claimed occasional sick days on Mondays. Other employees have noticed her leaving early on Fridays as well. With this fact pattern and given the rumors now circulating, may we start asking her to bring doctor’s notes each week to justify her need for Monday leave? Answer: While a Monday absence pattern may indicate alcoholism, you can wind up in legal hot water if you ask for weekly doctor’s notes from an employee using intermittent Family Medical Leave. In a landmark case, Oak Harbor Freight Lines v. Antti, the… . . . read more.

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TERMINATION

To avoid a messy workplace theft investigation, can we just fire our prime suspect?

October 1, 2022 by

By Lynne Curry Question: Several years ago, when one of our employees was stealing from other employees’ purses and lockers, we called the police. The process — calling the police, alerting our insurance carrier and interviewing multiple employees to show fairness so we wouldn’t get sued for wrongful termination when we fired the one employee — tore apart our company. Some of our best employees couldn’t believe we didn’t trust them. We tried to explain we had wanted to be fair, and that if we only singled certain employees, we’d stigmatize them forever, but two of our best, long-term employees were so angry they quit within a few months. Once again, we have a problem. Several employees have reported missing small things from their desks. These items appear to be… . . . read more.

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DRUGS & ALCOHOL

High at work: Anyone else smell that?

March 19, 2022 by

By Paul Edwards More often than you would think, we get calls from managers wondering what they can do about someone whom they think is impaired at work. When that happens, we immediately go into crisis control mode because, well, impairment at work is never acceptable. In this article, we are going to discuss impairment and odors from the perspective of marijuana legalization. From job candidates showing up to interviews smelling like a skunk to employees showing up to their shift distracted with bloodshot eyes, knowing how to handle an employee’s potential marijuana use has only gotten more complicated. Currently, marijuana legalization is in limbo between state versus federal government. While many states have moved to legalize or decriminalize its use, marijuana is still an illegal Schedule I drug under… . . . read more.

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Risk Management

Don’t write a positive reference for a problem employee; instead…

January 13, 2022 by

By Lynne Curry Question: After an investigation, we fired one of our employees for threatening and stalking two co-workers. He now demands a positive letter of reference, which I’m writing. I tried to appease him with an innocuous letter that gave the dates on which he’d worked here along with what his job duties were.  He refused to accept this, and frankly he scares me. Can you give me any pointers for writing a reference letter that sounds positive but not too positive? Answer: Don’t. If you write a falsely positive or even neutral reference, you can be sued for “negligent referral,” defined as “the failure of an employer to disclose complete and factual information about a former or current employee to another employer.” True story When Allstate Insurance Co…. . . . read more.

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COMPLIANCE

How to Create a Legally Sound Substance Abuse Policy

November 10, 2020 by

Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot be tolerated isn’t so much that it’s illegal, but because it renders employees unfit to do their job. In addition to undermining the productivity you’re entitled to expect from your employees, this unfitness for duty may pose a health and safety dangers to not only the employee who’s high but others in the office. Here are 14 things to include in your Substance Abuse and Fitness for Duty… . . . read more.

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EMPLOYMENT LAW UPDATE

Supreme Court ruling extends workplace protections to LGBTQ workers

June 18, 2020 by

By Mike O’Brien bio SEXUAL ORIENTATION AND TRANSGENDER STATUS NOW ARE PROTECTED CLASSES NATIONALLY: Federal civil rights law protects gay, lesbian, and transgender employees, the United States Supreme Court announced June 15 in a landmark ruling. The historic decision will extend workplace anti-discrimination and anti-harassment protections to about 8 million LGBTQ workers nationwide. The ruling also vindicates a position long taken by the federal Equal Employment Opportunity Commission (EEOC). It is a defeat, however, for the Trump administration, which opposed the EEOC. President Trump instructed the Department of Justice to argue that the provision of Title VII of the Civil Rights Act that bars discrimination based on sex did not extend to claims of gender identity and sexual orientation bias. This led to the odd circumstance where two parts of the same government argued for opposite… . . . read more.

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Five reasons you need an employee handbook

February 4, 2020 by

By Julie Ellison bio For many employers, the idea of creating an Employee Handbook is overwhelming.  But the importance of having one should outweigh that hesitancy given the peace of mind it can provide you while you are busy running your law firm or business. An Employee Handbook is your roadmap for what your employees can expect from you and what you expect from your employees.  It should be simple, straightforward and relevant.  Not having one in place can create huge headaches that are completely avoidable. Here are five good reasons to have an employee handbook: 1. Handbooks Set Employee Expectations Handbooks allow you to clearly set forth everything from job responsibilities to disciplinary procedures, thus keeping employee expectations consistent with the employer. Experience teaches us that employees are willing to… . . . read more.

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Employment Law Update

New overtime rule now in effect

January 20, 2020 by

By Mike O’Brien bio Jan. 1, 2020 was the deadline to comply with new FLSA overtime rule. At the end of September the Department of Labor issued its long-awaited final rule updating the salary level test for white-collar overtime exemptions under the Fair Labor Standards Act. Under the new rule, the minimum salary level for exemption is raised from $455 a week to $684 a week, or $35,568 annually. The change marks the first increase in the minimum salary level to take effect in more than 15 years. It is expected to bring overtime eligibility to over a million employees who are ineligible under the current threshold. Although the DOL released a final rule raising the salary level in 2016, the rule was blocked by a federal district court and… . . . read more.


GET CREATIVE

Mind-map your way toward creating a great employee handbook

August 19, 2019 by

Sitting down with pen and paper and freely jotting down ideas may not sound like the best path toward creating…


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BLOG

How exit interviews support your management

July 12, 2019 by

By Paul Edwards  bio
Does your practice use exit interviews safely and beneficially? Small practices do not need to conduct these interviews in person—in fact…


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