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Help! I Hired a Registered Sex Offender!
HR Stories From The Front Lines*
As an HR Manager, you do your best to follow your company's guidelines when making a hiring decision. Sometimes, though, new information comes to light after an employee has been with the company for a while.
What if you suddenly learned that one of your new hires was a registered sex offender? Would you terminate that person based on what you learned? More importantly, could you do so legally? Read on to learn how one
HR Manager handled this challenging situation.*Read more (Opens in a new window)
(*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
When asking if the candidate is able to perform the essential functions of a job, can we simply ask "Are you able to perform the essential functions of this job WITHOUT reasonable accommodation?" Or do we have to say "with or without" legally?When should this question be asked at the interview stage or job offer stage?Question #2
Yesterday, our female employee's daughter called out for her and told a staff member that her mom was in the ER (and therefore unable to come into work).
There is a Facebook video of this employee partying at a nightclub and getting very drunk. The video was taken yesterday and is timestamped around the same time as the daughter's phone call. This is the third time this employee's daughter has called off for her in the past month.
When the employee reported for work this morning, the manager asked her for a doctor's note. The employee refused to provide a note and told her manager that it's illegal to ask for a doctor's note.
Technically our policy requires employees provide a doctor's note only after two consecutive call offs, but we're concerned about the falsification of information and the violation of the call off procedure.
We would like to issue at minimum a warning notice. What do you recommend?
View the Answers (Opens in a new window)
Resignation vs. Termination
This morning Andrea, your most disgruntled employee, turned in her resignation and will be leaving in two weeks.
You are thrilled. Andrea has been a problem employee for years. In fact, over the last couple of weeks, she has been doing even less work than before and has made several disparaging remarks about the company.
You tell Andrea to pack up her things and go.
Andrea reminds you she gave a two-week notice and she wants to work through the notice period.
How should you handle this issue?
Let Andrea continue to work. You are required to let her work through her notice period by law.
Ask Andrea if she wants to shorten her notice (and get it in writing). If she chooses not to, let Andrea know she no longer needs to report to work and that you will pay her through the notice period.
Get rid of Andrea, the sooner the better. No harm done since she gave her notice.
Everyone is Depressed Sometimes ... Is Depression a Disability I Must Accommodate?
BarNone Factory has an employee (Mark) with increasingly poor attendance. These days, Mark is absent more often than he shows up to work. Management wants to terminate him for poor attendance. One day before the termination meeting, Mark tells Amy, the HR Director, that he is depressed and cannot come into work for the remainder of the week.