What are the penalties and costs for misclassifying employees?

Answer from Kara, JD, SPHR: The answer will depend on a number of factors, such as how many employees are misclassified, how much extra money they would have been paid if properly classified, and whether or not lawyers or regulatory agencies get involved. Generally,...

Can we ask for more detail when an employee marks “personal” for the reason they’re requesting a vacation day?

Answer from Kate, SHRM-CP: You can generally ask employees to provide more information when they indicate that their vacation or PTO request is for personal reasons, but we don’t recommend it. The specific reasons for the day off shouldn’t affect whether you grant the...

Can we ask employees for proof of COVID-19 vaccination?

Answer from Kara, JD, SPHR: You can ask employees for proof that they’ve received the COVID-19 vaccine, but you need to be careful about how you ask for it and what you do with the information. You should ask employees to provide proof that only includes their name,...

We’ve recently learned that one of our employees is planning to leave the company and has been applying for positions elsewhere. Can we terminate them?

Answer from Kelley, PHR: Terminating employment because an employee is looking for work elsewhere isn’t expressly prohibited by law, but we wouldn’t recommend it. You might be surprised by how many of your employees are looking for other opportunities—either actively...

One of our employees was arrested today. Can we terminate their employment?

Answer from Laura, SHRM-CP: We would recommend against terminating employment simply on the basis of an arrest. For one thing, the fact of an arrest is neither proof that criminal conduct occurred nor an indication that the arrested employee will be convicted of a...

An employee says that the stress of the job is affecting their mental health. How should we handle this?

Answer from Kyle, PHR:   This employee may just need to talk through their concerns and get your help prioritizing or delegating. They may, for example, feel like every single thing on their to-do list is life-or-death by Friday at close of business, when that’s...