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Eighty five percent (85%) of all employment lawsuits can be prevented!
Excuses Don’t Fly When It Comes
To Sexual Harassment
HR Stories From The Front Lines*
Employers that rarely encounter claims of inappropriate behavior or sexual harassment can be stumped on how to proceed or what to do when they receive this information. In some instances, these employers may consider “excusing” an employee’s conduct because, under the circumstances (e.g. the employee’s age, sexual orientation, etc.), the employee could not have intended to engage in sexual harassment. However, this tactic will likely result in a sexual harassment claim. Read ahead to learn how our HR Professionals saved two employers from a potential lawsuit.
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
We have an employee who will be returning from non-FMLA maternity leave. I have two questions regarding breast feeding breaks:
How much time should be alloted, in terms of frequency and length of time, to accommodate the employee to breast feed?
Would a doctor’s note be required for breast feeding breaks?
Question #2
My employee has been out of work since February 9, 2017. Yesterday, she brought me a doctor’s note stating that she will need to be off work for another 4 weeks at least, which will be around May 10, 2017 at the earliest.
At this point we need someone to do her job. This employee is not eligible for FMLA, what are our options?
Suzy, the payroll manager at Dot’s Ice Cream, came across an interesting problem while reconciling the company’s bank account after the last payroll. She noticed that one of the employees, Joe, had cashed his paycheck twice.
The first time, the check was cashed through a mobile banking app; and the second time, the check was cashed at a check cashing store. After speaking with the check cashing store and reviewing their surveillance footage, Suzy confirmed that Joe had cashed the check.
Suzy then asked Joe about the transactions and he could not provide a reasonable explanation. His only response was “Oops!”
Based on the evidence, Suzy concluded Joe had intentionally cashed his paycheck check twice and recommended that Joe’s employment be terminated. While the owner agrees with Suzy’s recommendation, he also wants to deduct the “overpayment” from Joe’s final paycheck?
Can the company recoup the double payment?
No. The bank made a mistake by allowing Joe to cash his paycheck twice. Joe cannot be penalized for the bank’s error.
No. The company should file a police report and recoup the stolen monies from Joe using the legal system.
It depends on the location of the business. Before making any deduction, Suzy should check the laws in her state to see if such a deduction is permissible.
Yes. By cashing his paycheck twice, Joe stole from the company and the company may recoup its losses.
Handling Suspected Drug/Alcohol
Use in the Workplace
HR Trends
To date, 29 states (plus Washington DC) have legalized marijuana use for medicinal and 8 states (plus Washington DC) have legalized marijuana use for recreational purposes. In light of this trend, employers are concerned about em-ployees reporting to work under the influence of marijuana and looking for ways to handle this growing problem. Read ahead for best practices on handling suspected drugs and/or alcohol use in the workplace.
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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