HR Snapshot

HR

Snapshot

A LONGTIME GOOD EMPLOYEE WAS CAUGHT FORGING HIS TIMESHEET. WE HAVE TERMINATED OTHERS FOR THIS POLICY VIOLATION IN THE PAST. DO I HAVE TO TERMINATE THIS EMPLOYEE AS WELL? HIS WORK HAS ALWAYS OTHERWISE BEEN EXCELLENT, AND I DON’T WANT TO LOSE HIM.

The most risk-averse approach would be to terminate this employee as well. Any time you deviate from consistent disciplinary practices—in this case terminating for forging timesheets—you open your organization up to greater risk of discrimination claims. This employee would no doubt appreciate not losing his job. But former and future employees terminated for this same offense could claim that their termination was discriminatory—that it was based on a protected class or protected activity. Responding to a discrimination claim can be costly, even if you eventually win. A more risk-tolerant approach would be to document how this situation is different from the others that resulted in termination. For example, this employee may have had consistently good performance while the other dismissed employees did not. If you decide to give this employee a second chance, it’s important to communicate just how serious forging timesheets is and what will happen if he does it again. Document your conversation. Another risk-tolerant approach would be to change your disciplinary practices. This could entail giving a written warning for the first policy violation and then terminating for the second. If you decide to change your policy or practices around discipline and termination, make sure the changes are documented, clearly communicated to employees, and consistently applied moving forward. Ultimately, nothing you do can guarantee that an employee won’t call a lawyer, the Equal Employment Opportunity Commission, or some other government agency and claim that their discipline or termination was for an illegal reason. That said, you can take steps to reduce risk. Clear, consistently enforced policies and practices are your best line of defense.

Answer from Kelley, PHR

IS THERE ANYTHING SPECIAL WE SHOULD KNOW BEFORE TERMINATING A REMOTE EMPLOYEE?

Terminations involving remote employees function much the same as those in a physical worksite, but there are some things to keep in mind: • If the employee works in a different state, you’ll need to follow that state’s laws regarding termination procedures, paperwork, and final paychecks. Look these up on the platform ahead of time. You don’t want to miss any deadlines. • Coordinate with IT so they are prepared to remotely revoke the employee’s access to company systems immediately upon termination. • Have a clear process in place for the employee to return any company-owned computers, monitors, phone systems, etc. and plan to pay for shipping. Go over the process at the termination meeting. • Don’t make deductions from the final paycheck because the employee hasn’t returned company property or has returned things damaged unless you’re sure it’s legal in the state where they work and that you’ve complied with any related requirements. • As with most terminations, be sure to have documentation of behavior and performance issues, conversations you had, disciplinary actions you took, and warnings to the employee about the consequences if they failed to improve. This documentation may be helpful if the termination is ever challenged. You can learn more about conducting terminations on the platform.

Answer from Kim, SPHR, SHRM-SCP

Our definition of disability comes from the Americans with Disabilities Act (ADA). According to the ADA, an individual with a disability is a person who: • Has a physical or mental impairment that substantially limits one or more major life activities; • Has a record of such an impairment; or • Is regarded as having such an impairment. Major life activities include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. The ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. If an employee informs you that they have a disability and requests an accommodation, you should begin the interactive process. Basically, you and the employee determine what, if anything, can be done to accommodate them so that the essential functions of the job get done to your standards and the employee is able to continue to have the equal benefits and privileges of employment. As part of this conversation, you may request a doctor’s note to substantiate the disability.

Answer from Kim, SPHR, AAM, CPIW

WHAT IS JOB ABANDONMENT AND HOW DO I KNOW WHEN IT’S OCCURRED?

There really isn’t a strict definition of what constitutes job abandonment. Many employers use the standard of three consecutive absences with no notice, but you can set the standard for your organization. To keep everyone on the same page, we recommend defining job abandonment in your employee handbook. Explain what job abandonment means at your organization and what happens when it occurs. For example, you might say that if an employee is absent for three consecutive days and has not provided proper notification, the company will assume that the employee has abandoned their position and will be treated as having voluntarily terminated employment with the company. But even with a clear policy, we recommend attempting to contact an absent employee before terminating. There may be extenuating circumstances, and in some cases the employee may be entitled to protected leave (for instance, if they were in a car accident and have been in the ICU). Attempt to reach out by phone, text, or email, depending on how the employee has said they’d like to be reached. Document your attempts to communicate with them and make note of the outcome.

If you’re unable to reach them and their absence qualifies as job abandonment under your policy, you can proceed with termination. Should you later discover that the employee was entitled to protected leave (rare but possible), you may need to reinstate them, assuming that’s what they want.

Answer from Kyle, PHR