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PER Human Resources – December 2019

December 2019

Want to know the latest buzz in the HR arena?  Professional Employer Resources has a world of information in our newsletter. Not only is it fun, it’s resourceful! Including, important changes to federal and state employment practices.Eighty five percent (85%) of all employment lawsuits can be prevented!

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. . .*
(*These incidents really happened; but names and other details have been changed.)

 

Stay Up to Date on the Latest Employment Legal Updates

STATE UPDATES

Illinois:
Illinois Living Donor Protection Act Goes Into Effect January 1, 2020

Maine:
Maine Employers Cannot Ask for Applicants’ Social Security Numbers

Nevada:
Nevada Paid Leave Guidance Issued by the Lead Commissioner

New York:
New York Employers May Face Civil Action if They Discriminate Based on “Reproductive Health Decision Making”
NYC Extends Protections Against Discrimination, Harassment and Retaliation to Independent Contractors and Freelancers

Oregon:
New Oregon Pregnancy Accommodation Laws
Oregon Limits Employer Use of Nondisclosure Agreements

Do you have an HR question keeping you up at night? The following question was submitted to our HR Professionals in the past month …

Question
Everyone is Depressed Sometimes. . .
Why should I have to provide reasonable accommodation for depression?

View the answer

Brain Teaser

In the five years he has worked for the Dreamscape Resort, Alfred (the Resort’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, Melissa (the Resort’s HR Director) realized Alfred lied on his employment application. The application states Alfred worked for Roving 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 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 Melissa terminate Alfred for lying on his application?

  1. Melissa is good to go. He lied – fire away.
  2. Melissa has not reviewed every employee’s application and terminated every employee whose application contains a lie. Instead, Melissa should go through the normal disciplinary action to address the poor performance and behavioral issues.
  3. 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.

View the answer.

 


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.

PER Human Resources – November 2019

 

 


PER Human Resources – October 2019

October 2019
Want to know the latest buzz in the HR arena?  Professional Employer Resources has a world of information in our newsletter. Not only is it fun, it’s resourceful! Including, important changes to federal and state employment practices.

Eighty five percent (85%) of all employment lawsuits can be prevented!

“Reality TV” at Work
HR Stories From The Front Lines* 

What do you do when your manager’s intoxicated girlfriend confronts him at work about his affair with another woman? The catch … both women are current employees, subordinates of the manager, and one is pregnant.*

Read on

(*These incidents really happened; but names and other details have been changed.)

 

Stay Up to Date on the Latest Employment Legal Updates

FEDERAL UPDATES

Are School Meetings Covered Under the FMLA? The Answer Might Surprise You
U.S. Department of Labor: Final Rule for Salary Threshold and Highly Compensated Employees

STATE UPDATES

California:
California Sexual Harassment Training Extension

Illinois:
Illinois Employees to Get Personal Panic Buttons
This is Not a Drill Anti-Harassment Training is Mandatory in Illinois

New York:
New Law: New York Workplace Amendment Protects Religious Attire and Facial Hair
New York Domestic Violence Victims Gain Stronger Discrimination Protections

Washington:
Washington’s Supreme Court: Obesity is a Disability


Do you have an HR question keeping you up at night?
The following question was submitted to our HR Professionals in the past month …

Question #1
I am the HR manager of a family-owned business with several different entities – each of which is a separate corporation owned by the family. In recent months, I have noticed a trend of former employees applying for positions at one of the other locations and some of these former employees are not subject to rehire at their previous location. To avoid this problem, can I provide a report of former employees who are not eligible for rehire to the managers of our other locations?

Question #2
Is it legal for a company to hire a new employee and put them on a 3-month probation period to see if the worker and the job are a good fit and if not a good fit is that grounds for termination?

View the Answer

Brain Teaser

You had an employee who started work for you in 2017. She was a good employee until last spring and that was reflected on her reviews. She started slipping in her performance in April. She missed deadlines, became sloppy with her work, and overall was not performing as she had in the past. You talked to her, but there wasn’t any documentation. She knew what she was doing wrong; she was just being careless. She told you she’d improve, but she didn’t. Recently, she asked for a few days off to attend a convention for her church. You let her go, but it didn’t help matters; her performance continued to slide. While she was out, you found a significant error she’d made which impacted a customer. You’d finally had it and terminated her. From your perspective, it shouldn’t have been a surprise; you had been talking to her about the problems for a while. You were shocked when you received a charge from the EEOC claiming discrimination based on religion. You didn’t fire her because of her religion; she wasn’t doing her job! You tried to explain to the EEOC. How did they respond?

Choose the best answer.

  1. They completely understood. Once you explained the course of events, they could understand why she needed to be terminated and dismissed the charge.
  2. They asked you and her supervisor a lot of questions. It seemed they were looking for ways you’d discriminated against her, making implications you didn’t feel were accurate. It was very frustrating. You didn’t feel it went well, and you don’t know what will happen next.
  3. They asked to see documentation of her performance problems. They wanted to see evidence you’d talked to her. They asked if she was disciplined for her behavior – in writing. They asked a lot of questions about her absence, and why you terminated directly after it. In the end, they concluded you had discriminated against her, and her termination was retaliation for taking the time off to attend her church conference.
  4. You hired a lawyer and spent tens of thousands of dollars to defend yourself. It got ugly and you didn’t win.

View the answer.

 

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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