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When a Prankster Employee
Takes it Too Far
HR Stories From The Front Lines*
Humor and laughter are great stress reducers and can help bring workers closer together. Almost every workplace has at least one jokester on whom coworkers can rely for a good laugh to help the day pass more quickly.
However, in the workplace setting, there is a fine line between funny and inappropriate conduct. Sometimes employees can go too far and the “joke” can quickly create a harassing and/or hostile work environment.
Read on to see how one employer handled a workplace prankster.
Do you have an HR question that has been keeping you up at night?
The following questions were submitted to our HR Professionals in the past month …Question #1
I have a situation with a client that I would like to run by you.
Employee is going through a tough time with his partner. Apparently, there is some abuse/infidelity.
Employee has missed a lot of work and he has had the time through his 4 personal days and 6 sick days. Please note that he is almost out of personal and sick days and maybe 1 vacation day accrued so far.
Employee says he is just too depressed/stressed to come into work.
The tricky part is they have 3 HUGE projects due this month and he is the person responsible for these projects and the deadlines. They need him there to work.
He asked if he could work from home but his supervisor told him he had to come into the office to work. They don’t really telecommute within their company.
Employee is not seeking any medical help or therapy.
What can they do? Do they just address it as an attendance issue? The company is in a real pickle because the employee has the time but has these major deadlines to meet. I don’t believe this situation falls under ADA. He does
not qualify for FMLA because he has not been there 1 year.
Thoughts?
Question #2
We currently have a digital process for on-boarding new hires through an outside vendor. However, we still have our tenured employees with employee files (paper) in our restaurants. We are planning to scan existing employees’
files and upload them into the vendor’s system. If we cannot find an employee’s file, are we required to have the employee complete a new I-9?
Can you Recoup Losses Due to an Employee’s Sticky Fingers?
Brain Teaser
Bonnie, a long-time manager at 2Fast-4You Burgers, is being terminated for theft.
Yesterday, Clyde, the owner, noticed that last week’s daily cash deposits has a net deficit of over $500 compared with sales for shifts where Bonnie was the manager on duty. After reviewing the surveillance
footage for that week, Clyde saw several occasions where Bonnie pocketed cash from the safe. There is no question that she took the money.
While Bonnie’s termination is inevitable, Clyde also wants to recoup his losses by withholding the stolen monies from her final paycheck. Can Clyde deduct the money from Bonnie’s final pay?
Clyde may deduct the entire amount. Under the Fair Labor Standards Act (“FLSA”), deductions for employee theft are permissible because employers are entitled to make
themselves whole following employee wrongdoing. The location of the business does not matter.
Clyde’s ability to deduct from Bonnie’s wages may be limited. Under the FLSA, an employer can make deductions from employee wages,
but the deduction cannot take the employee under minimum wage. The location of the business does not matter.
The location of the business does not matter. Clyde cannot make any deduction. Such a deduction is prohibited under the FLSA.
It depends on the location of the business. Before making any deduction, Clyde should check the laws in his state to see if such a deduction is permissible.
Restroom Accommodation for Transgender Employees (and Patrons)
HR Trends
More and more states are enacting laws that prohibit discrimination against and require the accommodation of transgender individuals.
Enforcement agencies are also providing guidance to employers on accommodating transgender individuals. One of the latest targets for transgender accommodation – the bathroom.
Read ahead to learn what your company should do to comply with this latest HR trend.
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.
