Author: Deborah Jeffries

Setting the Stage in 2024: Navigating HR Successfully and Avoiding Common Pitfalls

What if you could anticipate and avoid your next HR debacle? Kicking off the new year in a good space is a great place to be a leave you breathing easier.

In the realm of Human Resources, steering clear of potential pitfalls is paramount for any business. The repercussions of outdated policies and inadequate documentation can significantly impact an organization’s trajectory. Are you confident in the current state of your employee handbook? Do your policies address every essential aspect? These questions often indicate areas prone to HR issues, whether it’s in hiring, firing, employee documentation, or other critical areas vital to an organization’s growth.

To assist in fortifying your proactive approach to managing HR policies and procedures, we offer these suggestions containing key areas from our professional experts to enlighten you on the most frequent HR mistakes and how to circumvent them effectively.

Consider:

The Outdated Employee Handbook: An outdated handbook can lead to costly errors and challenges with employee experiences, communications, and meeting expectations. Whether you have an outdated employee handbook or none at all, take a look at what you may want to include:

Social media guidelines
Communications policy
Statement of company culture
Nondiscrimination policy
Anti-harassment policy
Attendance policy
Professional conduct expectations
Code of ethics
Safety guidelines

Employee handbooks can help small businesses avoid misunderstandings and minimize their risks regarding employment-related lawsuits and claims. These claims often stem from inconsistent treatment of employees or a lack of clarity in policies and procedures.

Handbooks that outline policies and guidelines not only provide expectations for employee conduct, it also creates a framework to guide management and leadership – helping to ensure policies are enforced appropriately and evenly across departments.

Documentation Essential for Performance-Based Termination: Understand the criticalness of proper documentation and the steps involved in a corrective action policy to mitigate risks.

Having candid conversations with employees who aren’t performing well isn’t easy. But documenting those employee performance conversations is important, especially when terminating the employee is the result of continued poor performance. What you need is a corrective action policy. While it provides employees with an opportunity to improve their performance, it also can support decisions to terminate or demote that employee. If you don’t have the documentation that shows a pattern of poor performance, small businesses may open themselves to liability issues such as a wrongful termination or discrimination complaint. General steps to follow in a include:

Verbal warning – Discuss the specifics of the employee’s poor performance. It is a verbal warning, but it should still be documented and put in the employee’s personnel file.
Written warning – Meet with the employee and a member of HR. Give written information detailing how the employee hasn’t performed, the impact the lack of performance has had, the expected course of action and consequences of noncompliance. This is signed by all meeting attendees.
Final warning – Similar to the written warning meeting, but with the condition that any further performance issues will result in termination. Signed by all attendees.
Termination – This is a meeting where you notify the employee of termination. Provide a written, dated document that goes over final pay, collecting any company issued property and permitting the employee to collect personal items.

Effective Employee Data Management: Gain insights into the proper handling of sensitive employee data and the significance of maintaining meticulous records in compliance with regulations.

Employee records and human resources administration can seem time-consuming. But proper employee recordkeeping can help keep you in compliance with regulatory agencies.

Oftentimes, employee records include sensitive information such as:

Driver license number
Passport copy
Social Security number
Bank account information
Health or medical information
Personal contact information

Mishandling this information ranks high among bad HR practices. Managed improperly and releasing it to the wrong people could put an employee at risk and your company in hot water. You’ll need to have protocols in place for collecting, storing, and maintaining sensitive employee information.

Something to note: Under the Americans with Disabilities Act, medical information must be kept confidential and separate from other personnel information.

In addition to having a secure system, employers should conduct audits of employee files to ensure they are thorough and up to date.

Items to keep in an employee’s personnel file:

Job application
Resume
Benefits enrollment papers
Background check information
Offer letter
W-4
ADA paperwork
Drug-testing consent and results
Personal or family medical leave (FMLA) information
Doctors’ notes
Workers’ compensation documentation
Employee reviews
Counseling documentation
Training records
Confidentiality or noncompete agreements
Employee handbook acknowledgement

Employees should also have sufficient and easy access to their own data and files.

Modernizing Interview and Hiring Processes: Discover key considerations and questions to ask during interviews to ensure a successful hiring process.

Your interviewing and hiring process need to be deliberate, purposeful, and consistent.

Here are some factors to consider when hiring:

Skills – Does your new hire possess the basic technical skills to carry out the job functions? What essential business (soft) skills, such as negotiating, persuading, or emotional intelligence do they have?
Job experience – What is their job experience? How has what they’ve done in the past going to benefit your business in the future? How much training will they need?
Education – Do they have the education necessary to perform the duties of the position?

Team relationship: Can they work alongside others, if needed, to reach a common goal? Are they in alignment with the team, the department, and the organization (culture vision, mission and core values)?

In the interview, asking questions that can help you spot potential red flags is key to a successful hire.

Topics you may want to consider covering in the interview process:

Adaptability
Customer service
Dependability
Initiative
Interpersonal skills
Judgment

Of course, there are also the off-limits areas such as:

age, religion, illness, disabilities, weight, children, etc.

Importance of Job Training: Explore the necessity of continuous training and development for employee growth within the organization.

For employees to grow, they’ll likely need professional development somewhere along the way. Training and development can range from helping employees develop skills (Excel or Word classes) to providing tools and training to become a great leader. Unfortunately, lack of job training is among “missed” opportunities for HR and business.

Training begins when an employee joins your team in the onboarding process. Proper onboarding training sets the right expectations and can prevent issues later. You’ll want to introduce your organization culture, mission, vision, and expectations.

Within your workforce, you might also find employees you want to develop into the next leader. One BIG mistake businesses make is promoting individuals without adequate management training. You can’t just take that outstanding employee and drop them into a leadership role. Here are some skills you’ll want to impart:

Communication
Conflict resolution
Team building
Coaching and visioning
Negotiation

Clarity in Policies: Identify often-overlooked policies such as vacation payout, complaint filing, and disaster response that are crucial for a well-defined framework.

Clearly defined HR policies are fundamental to your success. They protect your business and educate employees about what is expected. Here are several policies that may slip through the cracks when you’re developing yours.

Social Media Usage: With the widespread use of social media, employees may not always be aware of the company’s policies regarding their online presence. Guidelines for appropriate online behavior, disclosure of company information, and representing the company on social media platforms are important.

Use of Company Resources: Policies related to the use of company property, equipment, and resources may be overlooked. Guidelines on using company computers, phones, and other assets for personal use should be clearly communicated to prevent misuse.

Conflict Resolution Procedures: Employees may not be familiar with the procedures for resolving conflicts within the workplace. HR policies related to reporting grievances, harassment, or other interpersonal issues should be well-documented and easily accessible.

Emergency Evacuation Procedures: Employees should be aware of evacuation routes, assembly points, and emergency exits in case of natural disasters, fire, or other emergencies. Regular drills can help reinforce these procedures.

Disaster Communication Protocols: Clear communication channels during a disaster are essential. Employees should understand how information will be disseminated in emergencies, including the use of company communication systems, emergency contact information, and any designated emergency communication personnel.

Compliance with Employment Laws and Regulations: Understand the essential areas and agencies in employment law compliance to avoid potential legal liabilities and penalties.

Keeping up with employment laws can be overwhelming for HR and small business owners. But ignoring HR compliance and employer liability can lead to costly litigation and penalties. Here are some key areas and agencies where keeping track of employment laws and regulations is essential.

FLSA: The Fair Labor Standards Act gives employees basic rights and wage protections, including specifications on federal minimum wage, job classifications and overtime requirements.
OSHA: The Occupational Safety and Health Administration sets and enforces standards for safe working conditions and provides training, education, and assistance to support those standards.
IRS: Conforming with Internal Revenue Service regulations includes items such as filing business taxes and reporting annually the health coverage offered to full-time employees.
Department of Labor: The Wage and Hour Division is the primary enforcer of FLSA provisions related to worker classification. Dependent on industry and state-specific generally speaking, nonexempt employees must receive overtime for any hours worked beyond a 40-hour workweek. Overtime pay cannot be less than 1.5 times their regular pay. If you are audited, misclassifying employees can be a costly mistake. Please double check your state and industry specific (of course you can always call our consultants for clarification too).

By learning from these mistakes and implementing best practices, your organization can safeguard itself against potential setbacks and forge a path toward sustained success.

Maintaining Holiday Balance And Avoiding ‘Holidaze’ Stress

The holiday season is upon us, and for HR professionals and business owners, it often brings a unique set of challenges. Balancing work demands, employee well-being, and the desire to celebrate this festive time can sometimes lead to stress and burnout. It’s crucial to find ways to maintain that delicate equilibrium and avoid succumbing to the ‘holidaze.’ Here are some strategies to consider:
1. Do it Your Way:
The holidays should be a time of joy, not stress. Don’t let the commercialized frenzy dictate how you celebrate. Choose what resonates with you and your team, not what the retail calendar dictates. The holidays are about your values and traditions, not the number of shopping days left.
2. Keep it Simple:
Tradition is important, but it doesn’t have to be overwhelming. Simplify your holiday plans, reduce the pressure, and focus on what truly matters. You don’t have to attend every event or buy extravagant gifts. Sometimes, the most cherished moments come from simple acts of togetherness.
3. Be an Angel to Yourself:
Don’t forget to put yourself first. Self-care is not selfish; it’s necessary. If you’re not at your best, it’s challenging to support your team effectively. Prioritize self-care and value your time. Learn to say no when needed to avoid family conflicts.
4. Sustain Your Exercise Regimen:
Amid the hustle and bustle, don’t neglect your physical health. Maintain your exercise routine, even if it’s a short walk or a quick meditation. These moments of self-care can alleviate stress and help you better enjoy the holidays.
5. Find Intentional Moments:
Create spaces of tranquility amid the chaos. Reflect on the deeper meaning of the season in a quiet corner adorned with holiday decor. Meditate, play soothing music, or simply flip through old greeting cards and photos for a moment of self-reflection.
6. Give Yourself “Holiday Cushions”:
Plan your days with extra time in between tasks to reduce stress. Learn to say no to overwhelming requests and take breaks when needed. The holidays are about enjoying, not rushing.
7. Get Ahead of Job Stress and Burnout:
Know your limits and don’t push yourself to the brink. Avoid unrealistic deadlines and spread your work tasks over manageable timeframes. Start your day with a few peaceful moments and set boundaries to safeguard your personal time.
8. Balance Activity and Rest:
Remember that self-care is essential during the holidays. Combine physical activity with moments of restorative rest to maintain your well-being. A brisk walk followed by a short meditation can help manage stress and keep you in balance.

The ‘holidaze’ doesn’t have to overwhelm you or your team. By reevaluating your approach to the season and embracing a mindful, intentional perspective, you can ensure that the holidays remain a time of joy, connection, and celebration, both in your professional and personal life.

Handling An Employee Complaint

Q: Where I work, we do not have an HR Manager, so I am the “HR Department” (business owner, office manager, etc.). I had a complaint about an employee who works at the company, and I have never investigated a sexual harassment incident before. I have the complainant’s statement, but I have not spoken to the subject of complaint(s). I don’t really know how to handle this and what I need to do next. Any help would be appreciated!!

A: First off, take a deep breath! We know these are tough situations to handle and manage. We understand that conducting internal investigations, especially when you’re not directly responsible for “all things HR” can be challenging. For the purposes of this Q&A, you will be referred to as the “HR Administrator”. Therefore, here is some guidance to help you navigate a complaint of sexual harassment in an effective and timely manner:

The initial step is crucial: Ensure the complainant’s statement is acknowledged by letting them know the allegation will be kept confidential and taken seriously. In your role as an HR Administrator, gather as much information as possible from the complainant by meeting with them to discuss the written or verbal complaint. This includes the details of the incident(s), dates, times, locations, and any potential witnesses. Cover the five (5) W’s and the H which means create questions that cover the: Who, What, Where, When, Why, and How.

Your next step is to inform your immediate supervisor, higher management, or general counsel about the complaint. This is especially important since you are the “de facto HR Administrator”. Transparency and collaboration with management will ensure the process proceeds appropriately. At this time, we would suggest you determine if you are the best person to manage this investigation. Consult with an HR professional or employment attorney, as needed. Ensure that the process will be conducted professionally and free from any preconceived judgments. This underscores the importance of involving a third party. You will want to minimize any perception of a conflict of interest by taking lead in the investigation if there is a bias.

Following the meeting with the complainant and informing those who need to know about the actual complaint, the next step is to meet with the employee who is the subject of the complaints. Again, this meeting should be face to face (in-person or virtual). Be sure to prepare your questions in advance to structure your interview with the subject. Ensure confidentiality, no retaliation, and that your questions are unbiased. It’s essential to conduct a fair and impartial investigation. Structure your questions to allow them to provide their side of the story and gather any relevant evidence they might have to tell you at this time. If there are any witnesses mentioned, follow up with them and capture their details. Document every interaction and piece of evidence meticulously. At all times reminding and assuring people of privacy, confidentiality, and no retaliation.

It is important to remain neutral during the entire process and at the same time be supportive of both parties throughout the process. This is done by maintaining open lines of communication with both the complainant and the subject of complaints. Let them know that their concerns and well-being are a priority. Offer resources such as counseling or support groups as needed. Equally as important is ensuring the safety of each person involved, be sure to review their comfort level to continue working together, if required. This might include talking through options with an experienced HR professional consultant or employment attorney.

After you have gathered all your facts and details, if you are unsure about how to proceed next with the investigation, do not hesitate to seek guidance. If there are any questions or concerns with the facts collected, consult with an employment attorney or an experienced HR professional consultant. Remaining neutral and unbiased is paramount to evaluating the facts and determining the outcome and conclusion.

Once the investigation is finalized, compile a comprehensive report with your findings, evidence, and conclusions. Management can then decide on the appropriate action if any will be required. However, final determinations may be case-by-case and the result may involve disciplinary measures or other necessary steps. At this juncture, you may decide to seek out an experienced HR professional consultant or employment attorney to review the findings, solutions, and recommendations before concluding. Then you need to communicate to both the complainant and the subject of complaints to reflect the investigation is complete.

In many cases, additional findings may include coaching, updating employee handbooks, and/or training on conducting investigations for yourself or someone else within the organization to ensure better management of situations that arise in the future. HR Answers is offering a session on Tuesday, November 28. Register Here.

Remember that conducting internal investigations is challenging and creates discomfort within the organization, however, equally invaluable to your business is managing them successfully. Seek guidance when unsure, maintain professionalism, and ensure fairness to all parties involved. Your commitment to handling these situations conscientiously is vital in creating a safe and respectful workplace as well as mitigating risk.

Successful Workdays and Activities

There is no doubt that some days are better than others. How you show up each day matters – your attitude matters. Choosing your attitude is a choice that we make each and every day. There are things we can do to help ourselves and others have productive and successful days with the work we do. Being organized is at the top of the list.
Keep a to-do list: Taking five to 10 minutes at the beginning of each day (or at the end of the day before) to write out a to-do list, on paper or digitally, can help promote focus and foster productivity. Adding to the initial to-do list throughout the day can help you keep a clear idea of your goals.
Keep a tidy workspace: Take a few minutes at the end of each day to clean your desk, removing anything that you won’t absolutely need. Arrange things in a way that works best for you. This goes for digital clutter as well. Computers tend to start up slower when there are lots of files and programs on the desktop, so taking a little time each week to clear your computer of any unneeded files and download any updates may prevent crashes and computer lag. It can also help you find the programs and files you need more readily.
Find a schedule and stay with it: Some people work best when they wake up early, while others find success working at night. Determine the time of day when you feel you’re at your best (most productive and find your flow state) and try to get most of your work done during those hours.
Just as important as choosing a schedule is making sure you can commit to it. Consistency is key in creating new habits that last. Staying consistent with your schedule can also help you be more productive. Having a set of hours when you know you’re going to be working can train your brain to be active during those hours.
Take breaks: Taking 10-15 minutes every couple of hours to stretch your body and focus on something other than work can help keep you energized and excited about your job. You will often face unexpected tasks during the workday; giving yourself small, scheduled breaks throughout the day will give you time to meet these challenges without feeling overwhelmed.
Reduce multitasking: Multitasking may sound like the perfect way to get many things done at once, but unfortunately, this is not true in many situations. You may even find that multitasking can take longer than completing tasks individually.
Identify your distractions: Emails, texts, phone calls, and co-workers are a few common reasons behind distractions. Fortunately, there are things you can do to address these distractions. Schedule specific times to take care of emails, for example, to stay on task and not get distracted by every new message in your inbox. You might choose to put a distracting cellphone in airplane mode or place it in a drawer to reduce the possibility of getting sidetracked by a personal text. While you can’t always schedule incoming phone calls for your job, you may find success with scheduling a block of time to make any outgoing calls.
Automate your job where you can: Perhaps you send similar versions of the same email to multiple people. Create and keep templates for frequently sent emails, so you only need to customize where necessary and send. Digitize your signature to sign documents with a click. Automating tasks can help you stay focused and organized.
Prioritize tasks in order of importance: Begin your day with the largest or most stress-inducing task – the item that must be done today. This might take the largest amount of time in your day, but it ultimately will help your workflows move faster. Completing the largest jobs first can keep you motivated to finish the smaller tasks on your to-do list quickly without using up all your energy.
Schedule your days in “batches” of work: Some people find success with organizing not just their workday, but their workweek. If your job is a mix of phone calls and administrative work, for instance, perhaps you could attend to phone calls Mondays, Wednesdays and Fridays and spend Tuesdays and Thursdays on administrative tasks. This can help you maximize productivity and concentrate on tasks without feeling like you need to switch tasks at a moment’s notice. This strategy works best for detail-oriented people who don’t mind doing the same type of work for several hours on end.
Identify stressors: Oftentimes, the tendency to procrastinate stems from stressors such as self-doubt, perfectionism, or fear of criticism. Identifying what’s stressing you out can help you find solutions to reduce this stress and make the harder tasks easier to complete.
Meeting success – Ask these three questions:
If you spend time in meetings, as either a leader or participant, you want the meeting to be successful and valuable for attendees. We want the meeting goals and agenda to be accomplished. Try asking these three questions to get to success:
• Was this decision the best one we could make?
• Will it be good for the people in the organization?
• Will it be good for our customers?
If you can’t answer yes to all three of these questions, then you and your co-workers have more work to do.

Most people try to hit the ground running when they arrive in the morning. But how you finish out your workday may be just as important to your productivity. Instead of trying to pack as much as you can into your last few minutes, we are sharing some ideas to increase your efficiency by avoiding these activities. Take a look at these helpful tips (and feel free to share some of yours with us too):

Big decisions: You’re rushed, you’re tired, and you’re focused on going home. Any decisions you make in a hurry usually won’t be as successful as those you consider when you’re fresh.
New projects: You won’t make much headway during the last 10 minutes of the day. Make a few notes if you must, but don’t try to get a jump start on important work when you and your co-workers are finishing current jobs.
Leaving people hanging: Take a look at your commitments from the day. If anyone is waiting for a return phone call or a quick email, get back to them before you leave, as long as you can answer questions quickly and succinctly. You want people to know you value their time.
Obsessing over uncompleted tasks: Checking your to-do list can lead to frustration if you worry about the tasks you didn’t accomplish. Concentrate instead on putting tomorrow’s to-do list together and getting a fresh start in the morning.
Not saying goodbye: You’ll build better relationships by taking the time to say good night to your co-workers and boss. You don’t have to linger, but you can let people know you’re leaving and that you look forward to seeing them tomorrow.

Flexibility – Today’s Workplace Necessity

Shifting work dynamics and the desire for a better life balance has made this an on-going topic of discussion at all levels within our workplaces. Organizations that offer flexibility can help attract and retain top talent, increase productivity, and adapt to evolving business needs.
In the broadest of terms flexibility refers to a working arrangement where employees have input to their schedule to accommodate the varying needs and lifestyles of employees AND we need to meet business goals and needs too. This concept has gained popularity in fact, according to the Equality and Human Rights Commission, 63% of full-time employees are now working in a flexible role.
Before implementing flexible working hours in your organization, it is crucial that you carefully evaluate the pros and cons associated with this approach. This will allow you to make an informed decision and determine if flex hours align with your organizational culture, employee needs, and operational requirements.

Here are some key benefits:
Life balance: Flex hours enable employees to better manage their personal obligations, resulting in reduced stress and improved work-life balance.
Employee satisfaction and engagement. Offering your employees flex hours shows them that the organization values their needs, leading to higher job satisfaction, engagement, and morale.
Increased productivity: With a flexible schedule, employees are able to work during their most productive hours, leading to enhanced efficiency and increased productivity. This can also help to increase focus and eliminate potential time wasters.
Increased accountability: This form of scheduling can boost employee accountability as individuals are empowered to take ownership of their work and manage their time effectively.
Reduced absenteeism: Flex hours enable employees to handle personal matters without taking full days off, minimizing disruptions and reducing absenteeism. To the same effect, this approach can also help you reduce employee tardiness, especially if your employees are often late due to personal commitments.
Talent attraction and retention: Many job seekers these days value perks and benefits just as much as salaries. As a result, offering flex hours can help you attract and retain top talent in a competitive job market.
Diversity and inclusion: Flex hours accommodate employees with varying needs, contributing to a more diverse and inclusive workforce.
Employee health and wellbeing: Flex hours support employees’ physical and mental health by allowing time for exercise, self-care, and medical appointments.
Enhanced loyalty and reduced turnover: Flex hours foster employee loyalty and commitment to the organization, increasing retention and reducing turnover costs.

These are also some potential drawbacks of implementing flex hours that you also need to be aware of:
Difficulty in scheduling meetings: Coordinating meetings can become more challenging when employees have different schedules.
Inequity and perceived favoritism: If you decide to offer flexible work hours, it’s important to do so consistently. Otherwise, it can create feelings of unfairness or claims of favoritism among employees. This, in turn, can lead to morale issues and strained relationships.
Reduced collaboration and communication: When employees have different schedules and they are not present in the office at the same time, it can be challenging to coordinate meetings, share ideas, and have spontaneous discussions. It can also impact your corporate culture, especially if your employees work remotely.
Customer service challenges: Flex hours can result in delayed response times for customer-facing roles, potentially impacting customer satisfaction.
Time tracking challenges: Monitoring employee working hours becomes more complex with flex hours, making it harder to ensure accurate timekeeping and preventing potential abuse.
Burnout risk: Flexible work arrangements can blur the boundaries between work and personal life, potentially leading to overworking and burnout.
Scheduling issues: Flex hours can make it harder to schedule tasks and, as a result, require additional planning and coordination.

If you’ve decided that this approach might work well in your business, the next step is creating and implementing a flex schedule policy. We have created some sample language for your consideration.

Here are some additional tips and best practices to help you effectively manage flexible hours in the workplace:
• Make sure you establish clear guidelines and expectations, especially in terms of communication, availability, and collaboration.
• Set specific core hours during which all employees must be available for meetings and collaboration. This ensures sufficient overlap for teamwork and communication.
• Provide employees with tools to schedule and manage their flex hours effectively. This includes shared calendars, time-tracking software, and project management tools.
• Define clear performance metrics and goals and remind employees that they are responsible for meeting these objectives consistently.
• Evaluate performance based on results and outcomes rather than hours worked. Focus on quality of work, meeting deadlines, and achieving objectives to ensure fairness.
• Conduct regular check-ins with employees to assess progress, provide feedback, and address challenges.
• Regularly review your policy and request employee feedback to identify areas for improvement.

Fertility and Mental Health Concerns

Fertility and mental health concerns are closely linked. Research shows that the depression levels in patients with infertility are comparable to patients who have been diagnosed with cancer. Mental health contributes to direct costs in the form of medically necessary treatments and services — it’s the fourth largest source of healthcare spend in the United States — but also contributes to indirect costs such as presenteeism.
Other significant stats about mental health and fertility:
• Half of women and 15% of men said that infertility was the most upsetting experience of their lives
• Up to 40% of women struggling to get pregnant report experiencing anxiety,
depression, or both — twice the rate of mental health disorders in women who aren’t
experiencing concerns with infertility.
• Carrot’s Fertility at Work survey that found an astounding 89% said that fertility and family forming has negatively impacted their mental health.

Experiencing Conflict at Work

Did you know that 85% of employees are experiencing conflict at work? According to CPP Global:
• over a third (36%) spend a significant amount of time managing disputes.
• Another third (29%) deal with conflict frequently.
• 27% of employees have actually witnessed conflict morph into personal attacks.
• And a quarter (25%) reported that avoiding conflict resulted in illness or taking
time off from work.

Workplace conflict is one of the most pressing issues for companies today, with serious consequences, significant costs, and damage to company culture.
According to the Harvard Business Review, 85% of executives agree that it’s important for organizations to make workplace mental health a priority–but only 27% say their organization actually does. In this current economic climate, how can employers prioritize different benefits and leverage innovative strategies to improve the mental health and well-being of their employees?

What is Job Abandonment?

Question:

What is job abandonment, and how is it typically defined with employers?

Answer:

Job abandonment refers to a situation where an employee fails to show up for work according to their scheduled shift and demonstrates no intention of returning to the job. Importantly, the employee does not communicate their intention to quit to the employer. This absence disrupts work operations and can create challenges for employers.

Question:

How can employers address and manage instances of job abandonment?

Answer:

Employers are advised to establish a clear policy that outlines the criteria for identifying job abandonment. While no federal law specifies the exact number of days, many states rely on case law or guidance from state unemployment agencies to define a reasonable time frame. Commonly, three to five full business days are considered reasonable. This period allows employers sufficient time to investigate the absence without unnecessarily holding a position open.

Question:

Are all instances of no-call/no-show absences automatically considered cases of job abandonment?

Answer:

Employers should exercise caution and not automatically assume that every instance of a no-call/no-show absence constitutes job abandonment. Sometimes, employees may face extenuating circumstances such as medical emergencies, incarceration, or personal crises that prevent them from communicating with their employer. Therefore, it’s important for employers to establish investigation procedures. These procedures could involve attempts to contact the absent employee and sending a termination letter that explains the employer’s position while inviting the employee to provide context or information that could potentially alter the employer’s decision.

LGBTQ Inclusions

LGBTQ inclusion requires more than just openly celebrating Pride. Several recent reports indicate that LGBTQ workers look at an organization’s track record of equality and inclusion when considering a job. For example, a series of studies by HR consulting firm Veris Insights found that:
• Nearly 70 percent of LGBTQ women and 60 percent of LGBTQ men have disengaged with an employer due to perceived lack of representation in the workplace.
• 80 percent of LGBTQ candidates said perception of “an inclusive and equitable workplace” is highly important to the decision to accept a job offer.
• 44 percent of LGBTQ candidates have felt that an employer was primarily interested in recruiting them to achieve diversity hiring goals.

Jobs site Indeed conducted a survey of about 1,000 full-time professionals who identify as members of the LGBTQ community to better understand their current workplace experiences. According to the findings:
• 87 percent of survey respondents said they researched their company prior to applying to ensure it was LGBTQ-friendly.
• 71 percent said they checked the company’s social media accounts to make sure they were LGBTQ-friendly.
• 61 percent said they spoke to current and/or former employees.
• 45 percent reported that they checked employee benefits to ensure they were inclusive.
• 30 percent said they researched company leadership to gauge sentiment and inclusion.
• 24 percent reported they checked the company’s profile and/or mission to ensure their values aligned with their own.

Recovering Property from Remote Employees

Question:

What happens when a remote employee resigns or is terminated?

Answer:

When a remote employee quits without notice or is fired, the difficult task of retrieving the worker’s laptop and other company equipment often falls to the HR team.
HR professionals might be tempted to withhold the employee’s last paycheck until the property is returned, but state laws forbid this. Some state wage-deduction laws also prohibit HR from pulling the value of the items out of the departing employee’s final pay, even if the worker were to somehow give written consent.
However, here are some actions HR professionals can take as they attempt to retrieve company equipment:
Put the terms in writing. Have employees sign an acknowledgment when they are issued any new company property. The acknowledgment should explain that the employee is responsible for returning the items when employment ends. This document can support an employer’s position if it becomes necessary to file a legal claim to recover the equipment. It can also remind employees that they should care for the property that belongs to the employer.
Ask to meet in person. If a termination meeting is necessary, ask the employee to come into the office and to bring any company-issued equipment. In some cases, managers will ask to meet with employees in the field. Some employers tell employees to bring the equipment because updates are needed; this is a dishonest tactic and should not be used.
Initiate recovery steps. If an employee refuses to meet in person, HR will need to begin a process to recover the equipment.
Send the individual a letter or e-mail showing the list of items that need to be returned. Include a copy of the acknowledgment form that was signed when the employee received the equipment, if such a form exists. Also, provide a prepaid shipping label, along with instructions on how to schedule pickup, in the event the person prefers not to deliver the items in person.
If two weeks pass and the individual has not taken action, then send a follow-up letter or e-mail stressing the importance of returning the property. The letter may mention what happens if the individual fails to do so.
If no response is received in 30 days, send another letter or e-mail informing the former employee that the organization will exercise its rights under the law for a criminal charge of theft, a civil action seeking the value of the items or both. Then, after seeking legal advice, determine whether to proceed with a claim after weighing the cost of the unrecovered items against the cost of legal action.
HR professionals may also want to consider how it might affect morale among the remaining employees if the organization takes legal action against a former employee.