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Showing posts for: Termination & Resignation

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 24 2026
Harassment & DiscriminationHiringTermination & Resignation

Where Personal Beliefs Meet Legal Liability

A recent federal court decision highlights the risk for an employer when supervisors allow their personal beliefs or judgments to creep into their employment decisions. In the case, a female applicant interviewed for a position but disclosed their transition to a man shortly after being hired. The employee informed human resources about his new name…

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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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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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Sep 11 2025
DisabilityLeave LawsTermination & Resignation

Avoid rigid enforcement of unforeseeable intermittent FMLA leave

The U.S. Sixth Circuit Court of Appeals recently ruled that an employer was overly strict in limiting unforeseeable intermittent leave under the federal Family and Medical Leave Act (FMLA) to the estimated frequency listed in an employee’s medical certification. A mail clerk had sickle cell anemia, which caused symptoms that varied in severity depending on…

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Sep 11 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Know how to deal with ghosting by employees

Question: We keep running into situations where employees stop showing up and communicating with us. Sometimes we don’t hear anything, sometimes they stop communicating while on approved leave, and sometimes we know they’re missing work due to a medical issue but they’re not calling in. How should we address these scenarios? Answer: Ghosting by employees…

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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
HiringTermination & Resignation

New requirements in Washington for personnel files coming soon

On May 13th Governor Ferguson signed SHB 1308, which changes how and when employers must provide personnel files to employees, effective July 27, 2025. Below are the key provisions: Employees, former employees (those who separated within three years of the request date), and their designees can ask for personnel records. Personnel records (if created by…

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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 19 2025
Employee BenefitsLeave LawsTermination & Resignation

Washington state-level WARN Act adds major compliance hurdles

On May 13, 2025, Governor Ferguson signed ESSB 5525, creating significant obligations for Washington employers conducting specific mass layoffs and business closings. Since 1989, the federal Worker Adjustment and Retraining Notification Act (WARN Act) has required employers with 100 or more full-time employees to provide advance notice when they’re conducting mass layoffs or plant closings,…

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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
HiringTermination & Resignation

Q&A: Take action to minimize liability for I-9 audits

Question: We’re concerned about the potential for increased enforcement if the government uncovers errors in our I-9s; is there anything we can do to reduce the likelihood of penalties if we’re audited? Answer: Yes, you can take proactive actions now to help make an audit by U.S. Immigration and Customs Enforcement (ICE) as painless as…

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