We have a repeat applicant whom we offered a job to in the past. This candidate failed a drug screen back then, so we rescinded the offer. Can we reject them now based on their past drug screen result?

Answer from Kyle, PHR: No, chances are that rejecting an applicant based on a previous drug screen will violate the Americans with Disabilities Act (ADA). The ADA prohibits employment discrimination on the basis of a disability, which includes being in recovery from...

While covering shifts for an employee on a leave of absence, we discovered errors in their work. How do we address their performance without seeming retaliatory for taking leave?

Answer from Jenny, SPHR, SHRM-SCP: Taking disciplinary or corrective action following a leave of absence is going to come with some additional risk, but there are a few steps you can take to help show that the actions you’re taking are due to the performance issue and...

Lately, we’ve noticed employees using wearable devices while working. We have a policy that limits personal cell phone use at work. Can we expand that to include wearables like smartwatches?

Yes, you can expand your policy to include wearables or other smart devices that might cause distractions to your employees while they are working. Here are a few things to consider when revising your policies: Focus your policy on the employee’s actions and not the...

Can employers provide feedback on a potential hire’s or current employee’s clothing?

Answer from Eric, SPHR, SHRM-SCP: If an employee’s clothing does not conform to your personal appearance rules or dress code policy, you can certainly let the employee know, ask them to change, and discipline them for violating the policy. Regarding job applicants, we...

What are the best practices for disciplining employees?

Answer from Kim, SPHR, AAM, CPIW: Discipline is an act on the part of the employer to address and correct inappropriate behavior or a policy violation by an employee. Discipline functions both as an incentive for employees to refrain from bad behavior in the first...

Can we promote an employee to a newly created position without giving other employees a chance to apply for it?

Answer from Kyle, PHR: Generally, and as long as you’re not a federal contractor, you don’t need to post an open position for all employees to see. That said, if your company has an established policy or practice of posting internally, you should be consistent. Of...