We have a remote employee who is working through their lunch break. Can we require them to take it?

by | Mar 12, 2023 | Human Resources

Answer from Celine, SHRM-CP: Yes, generally you can and should require an employee to take a lunch break. In many states, employers are required to provide employees with rest breaks, meal breaks, or both, and are sometimes even required to provide them at specific...

We need to terminate an employee due to poor performance. Should we give them a letter outlining why we are terminating them?

by | Mar 7, 2023 | Employment Law, Human Resources

Answer from Daniel, SHRM-CP: There is no federal requirement for employers to provide written notice about why someone is being terminated, but we do recommend providing written notice as best practice. This reduces the likelihood of the terminated employee spinning...

An employee came to us with a harassment complaint but said they didn’t want us to do anything about it. Do we have to do an investigation?

by | Feb 17, 2023 | Harassment, Human Resources

Answer from Sergio, SHRM-CP: Yes, you should still investigate the complaint. Not investigating could expose you to legal risk if more employees come forward with complaints, if the employee later decides to take their complaint to a state or federal agency, or if the...

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 This candidate failed a drug screen back then, so we rescinded the offer.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?

by | Feb 17, 2023 | Business Tips, Human Resources

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...

FMLA Turns 30: Let’s Get Back to Basics

by | Feb 12, 2023 | Employment Law, Human Resources

For 30 years, HR professionals have been working with the Family and Medical Leave Act (FMLA), a federal law enacted to protect employees’ jobs and medical insurance when they need to take unpaid time away from work for certain family and medical reasons. While FMLA...

A candidate told us they have a disability. What do we need to do?

by | Feb 7, 2023 | Employment Law, Human Resources

Answer from Rachel, SHRM-SCP: We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t influence your hiring decision. The Americans with Disabilities Act (ADA) requires employers to...