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A #MeToo Dilemma: CEO aka Problem Employee
HR Stories From The Front Lines*
In your career as an HR Professional, you’ve likely handled more than your fair share of problematic situations. Usually, there’s an initial meeting, an investigation, and then a follow-up phase where you address whatever
has come to light. But what if one of your employees wasn’t forthcoming with details about a rumor-fueled workplace situation that involved the company CEO? Read on to see how one creative HR Professional handled this very
delicate and troublesome dilemma.*Read more
(*These incidents really happened; but names and other details have been changed.)
Stay Up to Date on the Latest Employment Legal Updates
Do you have an HR question keeping you up at night?
The following questions were submitted to our HR Professionals in the past month …Question #1
We have an employee asking about bringing her emotional support dog to work with her. She works at a desk and would like him to sit under the desk with her. He is hypo allergenic and a small dog. He does have a certification for an emotional support animal, but not a service animal. We’re worried if we say yes to her, we will then have to say yes to other employees. How should we respond to this request?Question #2
Currently, our salaried Managers work 5 days a week, 9-10 hours a day. We’re opening a new restaurant soon and funds are tight, so the owner is asking me to tell all salaried Managers that they must work 6 days a week now.We have told him that this is not a good idea for several reasons, but he’s only concerned with knowing if this is legal or not. I understand it changes the terms of the original employment agreement with the Managers (while we have no contracts, obviously, they were hired and have been working under the understanding that their job is a 5-day a week job), but what is the law here and what can we do, legally?If we require they work 6 days, but without any additional compensation/pay increase – is that legal? What kinds of breaks/meal & rest periods would we have to make available to an exempt salaried manager working 10 hours per day, 6 days a week. If they are told they must begin working 6 days a week and they refuse, can we fire them?
Four days ago, Andy, one of your employees, fell down the stairs. You asked Andy if he wanted to file a workers’ compensation claim, but he refused. Andy said that he was fine and did not need to see a doctor. Andy worked the remainder of his shift without further incident and went home. Andy then called in sick the next three days.
This morning, Andy comes to work on crutches and wearing a neck brace. Andy tells you that, after work, his neck was bothering him, so he went to Urgent Care for treatment. Andy hands you a doctor’s note, which excuses him from work for the past three days and places him on light duty for the rest of the week – a request that is granted.
You again ask Andy if he wants to file a workers’ compensation claim. Once again, Andy refuses, saying that his problems are resolved and he does not want to be a bother.
How should you handle this issue?
All injuries beyond first aid should be reported to your workers’ compensation carrier immediately – regardless of what Andy has requested.
Andy has the right to refuse to file a claim. You have fulfilled your obligation under the law by asking him if he would like to file a claim and need to take no further action.
You can ask Andy to sign a waiver. Once signed, Andy cannot later file a workers’ compensation claim for this injury.
Andy should be terminated because he did not report his injury to you immediately.
Part of your job as an HR Professional is to work with your managers to provide honest, constructive feedback to your employees. An effective performance review includes providing both positive and negative feedback to employees so that they know exactly how management feels about their job performance.
Learn how both your company and employees can benefit from an effective performance review.
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.