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Showing posts for: Q&A

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 20 2026
DisabilityHiringQ&A

Q&A: Job descriptions, essential functions, and the ADA

Question: We have a shop technician who sometimes works on welding projects when we have low staffing. Welding is not included in their written job description even though they do it on a routine basis. Do we have to update their job description to reflect the welding duties? Answer: You should. In a recent case,…

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Jan 05 2026
Q&ASafety and Health

Q&A: OSHA Injury Recordkeeping-What To Record and When

Question: We’re going back through our records to compile our recordable injuries for our year-end OSHA 300 Log. It’s hard to find everything and we’re never quite sure what to include. Help! Answer: An OSHA recordable incident is a work-related injury or illness that results in death, days away from work, restricted work or transfer…

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Nov 24 2025
Q&ASafety and Health

Q&A: Do we need to allow violations during a safety inspection

Question: We had a regulatory inspector come to our facility for a safety inspection. During the walkthrough, he reached into a piece of machinery to take a photo but didn’t follow our lockout/tagout procedures. I wanted to tell him not to access the equipment until he followed the proper steps, but I wasn’t sure if…

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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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Aug 07 2025
Privacy & ConfidentialityQ&ASafety and Health

Q&A: Consider whether your company will allow smart glasses

Question: We have an employee who started wearing a pair of “smart” eyeglasses to work. We only found out because he showed his peers some pictures he took while working. We have a policy that prohibits cell phones on the production floor for this very reason. His glasses are prescription. Can we still ban them?…

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May 19 2025
Q&AWashingtonWorkers’ Comp

Q&A: Can compensable claims occur before or after work

Question: Our employee fell in the parking lot on their way to work, prior to clocking in for their shift. Would the injury be considered a compensable workers’ comp claim if the worker had not yet started their shift? Answer: Probably not, but small details could change the answer. To be a compensable workers’ comp claim, the…

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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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Apr 18 2025
HiringImmigrationQ&A

Q&A: What to do when the feds tell your employee to leave

Question: An employee received an email from the federal government telling him to leave the U.S. immediately because his parole (temporary immigration approval for asylum seekers) was terminated. Is this a hoax? If it isn’t, what do we do? Answer: The email isn’t a hoax. The Department of Homeland Security (DHS) sent notices on April…

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Mar 21 2025
Q&ASafety and Health

Q&A: Be prepared for an unannounced safety inspection

Question: A government safety and health inspector showed up to our company front office unannounced, asking to conduct a safety inspection of our plant. Can they do that? Can I ask them to reschedule to a more convenient time? What prompted their visit? Answer: Enforcement inspectors from federal OSHA or state safety and health agencies…

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Jan 27 2025
ImmigrationQ&A

Q&A: Know what to do if ICE comes knocking

Question: With all the news about expected ramping up of immigration enforcement, what should we do if Immigration and Customs Enforcement (ICE) shows up at our workplace? Answer: If ICE agents arrive at your business without any warning, it’s important to know what legal parameters they must abide by, and your own obligations for complying…

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Dec 20 2024
Q&ATermination & ResignationWage and Hour

Q&A: Know how to handle final paycheck for absent employee

Question: An employee stopped showing up for work, so we fired them for job abandonment. How do we get their final paycheck to them, and what are the time frames for doing so? Answer: The answer depends on state law, and even then it may not be clear-cut, which means you’ll need to weigh what’s…

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