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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…
(*This incident really happened; but, names and other details have been changed.)
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In the five years he has worked for C2T4 Company, Alfred (the Company'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, Isabel (the Company's HR Director) realized that Alfred lied on his employment application. The application states that Alfred worked for XYZ 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 that 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 Isabel terminate Alfred for lying on his application?
Isabel’s good to go. He lied -- fire away
Isabel has not reviewed every employee’s application and terminated every employee whose application contains a lie. Instead, Isabel should go through the normal disciplinary action to address the poor performance and behavioral issues.
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.
Are Your Employees At Risk Of Losing Their Religion In Your Workplace?
Like every employer, H.O.T.M. Casino has employees who claim they need some type of accommodation for their religious beliefs. While Steve, the HR Director, knows that employers are required to provide reasonable accommodation for religion, he is uncertain about whether accommodation is required for the following employees:
Mara (an esthetician) who requested May 4th and every Friday off from work because under her religion, Jediism, working on the Sabbath and/or the religious holiday (May the Fourth) is prohibited;
Hannah (a newly hired bartender) who came to her interview with her long hair flowing. Yet, on her first day of work, Hannah arrived wearing a hijab and asked for an accommodation to wear the hijab because of her religion; and
Adam, Jacob, Joseph, and David (maintenance workers), who have asked that they be permitted to perform their daily prayers in one of the unused rooms on the Casino property.
Is Steve required to provide accommodation to any of these employees?
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.Opt out of receiving similar emails in the future.