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Oct 07 2024
Q&ASafety and Health

Q&A: Failing to address safety issues can shut down your business

Question: We have a couple of areas where our equipment or practices are out of compliance, but our employees prefer the efficiency and ease of our current practices. While we know we run the risk of getting cited by OSHA, we also feel that safety citations are just a cost of doing business. Do other…

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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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Sep 13 2024
Leave LawsQ&A

Q&A: Check on unique state laws before denying leave

Question: My employee has used up all their vacation and sick leave, but now they need to take a day off to take their child to juvenile court. It’s always something with this employee and they use up their sick days as soon as they earn them. We don’t excuse people who miss work because…

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Aug 09 2024
Harassment & DiscriminationQ&A

Q&A: Off-the-job social media posts can be illegal harassment

Question: One of our employees reported that a coworker is engaging in sexual harassment by posting offensive content on Instagram. The accused employee has over 100 followers who work for us. Do we need to monitor everything our employees say and “like” online? Shouldn’t she just unfollow him? How do we handle this? Answer: Ordinarily an…

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Jul 12 2024
Leave LawsQ&AWage and Hour

Q&A: Don’t get fooled by public employee protections

Question: One of our employees sent me a copy of a state regulation they say entitles them to a leave of absence that is not provided for by our policies, or any law that I am aware of. It looks legit, though, and they are insistent. How did we miss this? Answer: You may not…

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Jul 12 2024
Leave LawsQ&ATermination & Resignation

Q&A: Follow FMLA procedures for verifying medical certifications

Question: We recently had an employee provide an FMLA medical certification that we believe was falsified. Our company confirmed with the employee’s medical provider that they did not complete the certification and we suspect that our employee forged the documentation. Can we discipline or terminate them for this conduct? Answer: Maybe, but only after complying…

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Jun 21 2024
ImmigrationQ&A

Q&A: Understand USCIS extended employment authorization

Question: An employee’s Employment Authorization Document (EAD), Form I-766, has expired and they say they haven’t received a new card but they applied for renewal and their work authorization has been automatically extended. How can we tell whether they’re still eligible to work for purposes of updating the Form I-9? Answer: Start by reviewing the…

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Dec 07 2023
Drug and AlcoholQ&AWorkers’ Comp

Q&A: Manage Washington Workers’ Comp After Positive Drug Test

Question: We had an employee hurt themselves in a forklift accident and test positive in a post-accident drug test carried out based on our policy. If we terminate them, will they still get workers’ compensation benefits? Answer: Yes, we would expect them to be eligible for workers’ compensation benefits such as time loss (wage replacement benefits). As…

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Nov 16 2023
Leave LawsQ&A

Q&A: Use caution when denying holiday pay after sick time

Question: An employee called out sick the day before Thanksgiving, but our policy says employees must work the last scheduled day before and first scheduled day after a holiday in order to receive holiday pay. Can we deny him the Thanksgiving holiday pay? Answer: It depends on whether the employee is using protected paid sick…

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Nov 16 2023
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Internal management communications aren’t confidential

Question: For weeks our management team has been trading internal emails discussing why we need to terminate an employee who isn’t meeting performance standards. In the most recent email thread, one manager said that he wants to move more quickly to fire the employee because the employee reported workplace harassment a few days ago and…

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Nov 02 2023
Q&ASafety and HealthWage and Hour

WASHINGTON Q&A: Employers can still prohibit some moonlighting

Question: We know there have been many changes in Washington law lately about non-compete restrictions, but are we still allowed to prohibit current employees from moonlighting? Answer: Under certain conditions, yes. Washington law allows employers to restrict current employees from “moonlighting” (i.e., working other jobs at the same time) if the employee is making at…

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Nov 02 2023
Drug and AlcoholHiringQ&A

WASHINGTON Q&A: Conducting pre-employment cannabis tests

Question: We plan to continue pre-employment drug testing for marijuana after Washington’s new restrictions go into effect on January 1, 2024. We heard one of the exceptions that would allow us to continue pre-employment marijuana testing is if impairment in the position “presents a substantial risk of death.” What does that mean and how can…

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