Question: We’ve generally been tolerant of harmless pranks, but recently, an employee placed a suggestive picture on a coworker’s workstation and another employee saw it and complained. How should we respond? Answer: It sounds like this prank could have crossed the line into harassment, even...
A whistleblower is an employee who reports wrongdoing (dangerous, illegal, or unethical activity or practices by the company or its employees) either directly to the employer or to an outside authority. Many laws, including the Occupational Safety and Health Act, consider whistleblowing a protected activity, meaning you...
Furloughs and layoffs are ways to reduce labor costs during times of economic hardship. They both involve a loss of work for employees, but there is a key difference between them. A furlough continues employment but reduces scheduled hours or requires a period of unpaid leave. Because the...
Question: An employee says their manager told them to lose their accent if they ever want to be promoted. Could this be considered discrimination? Answer: Yes. Discrimination based on national origin is prohibited under Title VII of the Civil Rights Act and includes treating applicants or...
Question: We’re not bound by any law requiring us to conduct background checks, but we choose to do them for all new hires. Should we also do them when we rehire an employee? Answer: It’s up to you. Conducting a background check when hiring a former...
Question: We’ve identified the job candidates we’d like to interview, but we still have applications coming in. Do we need to review all applications before moving forward with interviews and making a job offer? Answer: The short answer is no. There’s no legal requirement to review...
You would only update a Form I-9 if the expired document pertains to a limited period of employment authorization. You should never reverify U.S. citizens and, in most cases, lawful permanent residents (Green Card holders). However, if a lawful permanent resident presents their employer with...
Generally, no. The Americans with Disabilities Act restricts employers from asking medical questions of employees and protects the privacy of medical information. Asking about prescription medications would fall into the category of a medical-related inquiry and should only be done if job related and consistent...
Yes, you can store completed Forms I-9 electronically. However, per U.S. Citizenship and Immigration Services, any electronic storage system must include the following: Reasonable controls to ensure the system’s integrity, accuracy, and reliability. For instance, you would need to ensure that only authorized personnel have access...
As of February 6, 2024, Texas will prohibit employers of all sizes from adopting or enforcing a policy that requires applicants or employees to receive a COVID-19 vaccination. Additionally, employers can’t take any adverse action against an employee or applicant for their refusal to be vaccinated...