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Showing posts for: Kara Craig

Apr 07 2026
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Disciplining complainant may invite retaliation claim

Question: We recently closed an internal investigation into a harassment complaint made by a manager with a finding that no facts supported her harassment allegations against a coworker. Instead, the investigation revealed that the manager who complained has been deficient in performing her duties. Can we fire the manager for the performance issues uncovered in…

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Feb 06 2026
Harassment & DiscriminationWage and Hour

Q&A: Beware of discrimination in applying compensation plans

Question: One of our commission-based employees returned from a two-month leave of absence due to pregnancy. She says she was denied wages owed under her commission plan, but she wasn’t actively working to earn the commissions. Do we have to pay her? Answer: It depends on what the commission plan says and whether the company…

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Oct 03 2025
Harassment & DiscriminationTermination & Resignation

Q&A: Watch out for age bias when conducting RIF

Question: Our company is experiencing a downturn. Our CEO recently met with department managers and directed them to identify positions that could be eliminated. One manager said that the oldest employee on his team should be let go because he can afford to “take the hit” and he’s “retiring soon anyway.” Can we take those…

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Aug 26 2025
Leave LawsQ&ATermination & Resignation

Q&A: Verify documentation if terminating before scheduled leave

Question: An employee who is responsible for billing keeps making recordkeeping mistakes. Despite repeated coaching, there has been no improvement. The issues have gotten serious enough that her manager wants to terminate immediately. This employee was approved for two months of medical leave that begins next week. Do we have to wait until her leave…

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Jun 23 2025
Leave LawsTermination & Resignation

Q&A: Investigate attendance policy violation before disciplining

Question: One of our employees has been absent and late several times without following our call-in requirements. This makes it impossible to find coverage and her manager is understandably frustrated. Yesterday she didn’t show up or contact her manager at all. This morning, she told us she couldn’t call in because she had low blood sugar…

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May 28 2025
Affirmative ActionHarassment & Discrimination

EEOC tentatively opens EEO-1 Report portal for 2024 reports

The Equal Employment Opportunity Commission (EEOC) recently announced tentative plans to begin accepting 2024 EEO-1 Reports from covered employers from May 20, 2025, through June 24, 2025. EEO-1 reporting requirements apply to private employers with at least 100 employees and have historically covered federal contractors with at least 50 employees and a federal contract worth…

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May 02 2025
Harassment & Discrimination

Executive Order limits enforcement of anti-discrimination protections

On April 23, 2025, President Trump issued an Executive Order entitled, “Restoring Equality of Opportunity and Meritocracy,” which dramatically scales back enforcement of the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII applies to private and public sector employers with 15 or more employees and prohibits discrimination…

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Apr 18 2025
DisabilityQ&ATermination & Resignation

Q&A: Use caution before requiring mental fitness-for-duty exam

Question: One of our employees has been getting into heated arguments with coworkers. We think he might be having mental health issues. Can we require a fitness-for-duty exam? Answer: Not necessarily. You need to get more facts. If the employee is just being argumentative and yelling at coworkers without justification, the appropriate response is probably…

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Mar 07 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Question: One of our production employees reportedly “blacked out” a few times last week. When I asked her about it, she said she has a seizure disorder, but she can work. Her job requires working with heavy machinery. Are we supposed to put her back to work and hope for the best? Answer: No, you…

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Nov 25 2024
Labor Relations

NLRB issues two decisions limiting employer speech about unions

The National Labor Relations Board recently announced two decisions that break with longstanding precedent and greatly restrict an employer’s ability to communicate its opinion on unions to its employees. NLRB Tightens Rules on Employer Statements About Unionization  In one decision, the Board overruled 39 years of precedent that deemed employer statements about the impact of…

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Oct 21 2024
Disability

Q&A: Give supervisors tools to manage employee mental health issues

Question: Our long-term, well-liked employee just quit, saying she’s been struggling with depression and anxiety for over a year. Her supervisor mentioned a few months ago that she was using sick leave more frequently and he noticed she hadn’t seemed like herself, but he didn’t follow up and she never asked for an accommodation. We’re…

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Oct 07 2024
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Words matter when communicating a termination decision

Question: We have several reasons to terminate a long-term employee whose performance and attitude have declined to the point of no return, but we don’t have good documentation. He says he cannot wait to retire but has not given us a date. We’d like to keep his termination amicable, acknowledging his length of service with…

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