PER Human Resources – December 2019

December 2019
Want to know the latest buzz in the HR arena?  Professional Employer Resources has a world of information in our newsletter. Not only is it fun, it's resourceful! Including, important changes to federal and state employment practices.Eighty five percent (85%) of all employment lawsuits can be prevented!

He-Said-She-Said . . . Finding Out What Really Happened

HR Stories From The Front Lines*

Have you ever received a "he said-she said" sexual harassment complaint? Did you reach a conclusion about what really happened? read ahead to learn how one HR Director responded to an employee's complaint of a manager exposing himself. . .*
(*These incidents really happened; but names and other details have been changed.)
Stay Up to Date on the Latest Employment Legal Updates
STATE UPDATES Illinois: Illinois Living Donor Protection Act Goes Into Effect January 1, 2020 Maine: Maine Employers Cannot Ask for Applicants' Social Security Numbers Nevada: Nevada Paid Leave Guidance Issued by the Lead Commissioner New York: New York Employers May Face Civil Action if They Discriminate Based on "Reproductive Health Decision Making" NYC Extends Protections Against Discrimination, Harassment and Retaliation to Independent Contractors and Freelancers Oregon: New Oregon Pregnancy Accommodation Laws Oregon Limits Employer Use of Nondisclosure Agreements
Do you have an HR question keeping you up at night? The following question was submitted to our HR Professionals in the past month ... Question Everyone is Depressed Sometimes. . . Why should I have to provide reasonable accommodation for depression? View the answer

Brain Teaser

In the five years he has worked for the Dreamscape Resort, Alfred (the Resort's Bookkeeper), has been a nightmare employee. He calls out excessively and, when he does come to work, he routinely arrives late. In addition, Alfred has performance issues and regularly argues with his supervisor. While reviewing Alfred's personnel file, Melissa (the Resort's HR Director) realized Alfred lied on his employment application. The application states Alfred worked for Roving RVs for 10 years, but Alfred's LinkedIn profile says he only worked there for 5 years. The application contains the following statement:
I understand any omission or misstatement of material fact on this application or on any document used to secure employment shall be grounds for rejection of this application or for immediate discharge if I am employed, regardless of the time elapsed before discovery.
Can Melissa terminate Alfred for lying on his application?
  1. Melissa is good to go. He lied - fire away.
  2. Melissa has not reviewed every employee's application and terminated every employee whose application contains a lie. Instead, Melissa should go through the normal disciplinary action to address the poor performance and behavioral issues.
  3. This statement says ". . .regardless of the time elapsed before discovery." Even though it's been a while, this statement gives the company the right to terminate.
View the answer.
This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.

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