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Aug 13 2013
ImmigrationQ&A

How to respond when an employee doesn’t pass E-Verify

A: Yes. The E-Verify system offers a fairly rigid structure for determining whether an individual is authorized to work in the United States, which can sometimes be a downside. The upside: once you run through the established procedures, you can have confidence in a termination. In fact, continuing to employ an individual after you’ve received…

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Jul 23 2013
DisabilityQ&A

Summer Heat Brings Summer B.O.

A: Body odor by itself is not a disability, but your employee might have an underlying medical condition causing the smell or he might be taking medication that triggered the odor—either of which could raise a disability issue. As awkward as it may be, you need to address it with him.  For one, if other…

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Jul 11 2013
HiringImmigrationQ&A

Employee SSN not essential at the time of hire

A: Yes, if he can provide adequate documentation of his identity and work authorization for the Form I-9 at the time of hire. When a foreign worker applies for a Social Security number (SSN), the Social Security Administration (SSA) has to verify the person’s work authorization with the Department of Homeland Security. The delay caused by…

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Jul 09 2013
DisabilityLeave LawsQ&A

Employee’s FMLA fitness-for-duty note can’t be refused

A: No. The FMLA rules make it clear that the employee must be reinstated to his job without delay once he provides a note from his health care provider stating that he’s able to return to work. The FMLA allows you to contact the provider to seek clarification about the employee’s ability to return, but…

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Jul 01 2013
Q&A

Updating employee records after divorce, remarriage, and other life events

A: Updating the emergency contacts is a good start. While you don’t want to pry into employees’ personal lives, changes in marital status should trigger a review of employee benefits. A remarriage may also involve new dependents. An employee may want to add a new spouse, or new dependents, to the health insurance provided by…

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Jul 01 2013
Q&A

Investigating employee harassment on Facebook

A: Yes, if the Facebook postings are a violation of your harassment policy. You are responsible for addressing harassment and discrimination that occurs online—even if it’s outside of working hours—where it bears a connection to the workplace, as in this situation. What is trickier is how you conduct your investigation. Most employers want to jump…

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May 29 2013
HiringQ&A

Some laminated Social Security cards okay for Form I-9

A: It’s a bit unclear, but it’s probably okay to accept the card as long as it doesn’t say “not valid if laminated” on the back. The United States Citizenship and Immigration Services (USCIS) website’s Form I-9 Central Questions and Answers include this guidance in response to a question asking whether a laminated Social Security…

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May 23 2013
Q&A

Put a stop to workplace bullying.

A: Bullying can be hard to spot and even harder to stop because it can take many different forms: excluding or ignoring co-workers, embarrassing others, shouting, cursing or making negative comments. Often the conduct doesn’t violate an employer’s anti-harassment policy because it is not based on a coworker’s race, gender, religion, or other protected status,…

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May 16 2013
Q&AWage and Hour

Should I take the Time to Audit my I-9s?

A: It’s always a good idea to periodically conduct an audit of your I-9s, especially if you have questions about their accuracy. Doing so can help demonstrate in any later government audit that you take I-9 compliance seriously. Be sure to follow the same procedure with each I-9 you review, and any changes you make…

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Apr 30 2013
Q&A

Employees on leave are protected, even if someone else does the job better

A: That would be an extremely risky move, especially if you haven’t addressed any performance issues with the employee prior to his or her leave. When you first notice an employee’s “performance” issues while they’re on a protected leave (such as the federal Family and Medical Leave Act (FMLA)), you will have an uphill battle…

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Apr 23 2013
OregonQ&A

Discrimination or harassment by customers is just as illegal

A: You have the same legal obligation to address this incident with your customer and affected employees as you would if it was a coworker who had made the comments. Underemployment laws and regulations, your employees have the right to be free from harassment and discrimination from any source, whether internal to your company or…

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Apr 16 2013
Drug and AlcoholQ&A

More Q&As involving random alcohol tests

Q: Can we require a random alcohol test if an employee is on a Last Chance Agreement (LCA)? A: Yes, provided that you’re able to make a case that the random test fits within the ADA standard (i.e. job-related and consistent with business necessity). If an employee tests positive for a substance, therefore violating your…

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