Author: Laurie Grenya

Client: I’ve got an employee who keeps coming to work sick. They say they don’t want to use their leave, but it’s putting the rest of the team at risk. What do I do?

Consultant: This is a tricky and important one. First, in Oregon, you’re required to provide sick time—up to 40 hours per year. If you have 10 or more employees (or six or more in Portland), that time has to be paid. Employees are entitled to use it when they’re sick, and you can’t retaliate against them for doing so.

Client: So, if they don’t want to use their sick time, I can’t make them stay home?

Consultant: You actually can send them home if they’re visibly ill and potentially contagious. Safety of the workplace is a legitimate concern. The difference is you can’t punish them for using sick leave, and you need to follow your policy for when leave is paid or unpaid. In Oregon, sick leave must be protected, and employees must be allowed to use it for their own illness, caring for family, or even public health emergencies.

Client: What about other states? I’ve got staff outside Oregon too.

Consultant: Good point. State laws vary widely. For example:

• Washington also requires paid sick leave for all employees, with no minimum company size.
• California recently expanded its sick leave law to at least 40 hours, and some cities require more.
• Idaho doesn’t mandate paid sick leave at all—it’s up to the employer’s policy.

This means if you’re multistate, you need to align with the most generous requirement in each location or create a universal policy that meets all of them.

Client: So, what do I say to the employee who insists on coming in?

Consultant: Keep it direct and policy-based, not personal.

Try this:
“I appreciate your dedication in wanting to be here, and at the same time, working while sick puts others at risk. Our policy requires you to use sick leave when you’re ill. Let’s make sure you take the time you need to recover.”

Client: What if they say they can’t afford to take time off?

Consultant: That’s common. Remind them that in Oregon, their sick time is protected and—depending on your size—paid. If they’ve used all their sick leave, you can explore options like vacation, PTO, or even unpaid leave. Some organizations also allow remote work if the employee is well enough to perform duties but contagious.

Client: And if they keep ignoring the policy?

Consultant: Then it shifts from being a health concern to a performance or policy compliance issue. Document your conversations, remind them of their obligations, and if needed, move into corrective action. Just be sure to separate your enforcement of workplace safety from any perception that you’re penalizing them for being sick, which could be viewed as retaliation.

Client: So, the key is to balance compliance with state laws, protect the workplace, and set clear expectations?

Consultant: Exactly. Reinforce that sick leave exists for a reason, apply your policy consistently, and always check state-specific requirements. It protects your team’s health and keeps your organization on the right side of the law.

And if you ever need help aligning policies across multiple states, clarifying your sick leave procedures, or structuring those not-so-fun conversations, we’re here to support you.

Client: I’ve noticed one of my employees keeps skipping their lunch break and then leaving early. It’s against our policy, and I’m not sure how to address it without seeming petty.

Consultant: You’re right to pay attention. Breaks aren’t optional—they’re built into labor laws and company policies. Allowing someone to skip them and leave early creates compliance risks and morale issues.

Client: But if they’re still finishing their work, why should I care?

Consultant: Two reasons:

1. Legal compliance – In many states, meal breaks are required, and organizations can be held accountable if employees skip them.
2. Fairness – Other employees will notice, and soon you’ll have a line of people saying, “If they get to leave early, why can’t I?” That’s a recipe for resentment.

Client: What if they argue they don’t want a lunch break? They say it just slows them down.

Consultant: That may be their preference, and it’s not their decision.

You might say:
“I get that you’d rather power through, and our policy requires you to take your scheduled break. It protects you from burnout and keeps us compliant with labor laws. If you want to adjust your schedule, we’d need to look at that formally—not just skip breaks.”

Client: I can already hear them saying, ‘But everyone else leaves early sometimes.’ What do I do then?

Consultant: That’s a common dodge. Stay focused on this employee’s behavior rather than comparisons.

 You could respond with:
“Our policy applies to everyone. If you’re seeing something that looks inconsistent, let me know and I’ll address it. For now, I need you to take your break and stay until the end of your shift.”

Client: Okay, but what if they frame it as doing the company a favor? Like, ‘I’m saving you overtime by leaving early.’

Consultant: That’s a clever spin, and it might even feel tempting to accept. Don’t.

You could say:
“I appreciate your efficiency, and the expectation is that your full schedule is worked. Leaving early isn’t the way to save costs—we need consistency across the team. If you have ideas for improving efficiency, I’m open to hearing them.”

Client: What if they just keep doing it anyway?

Consultant: That’s when it shifts from coaching to compliance. Document your conversations. If it continues, escalate using your progressive discipline steps. Make it clear this isn’t about preference—it’s about workplace rules.

Client: So basically, I need to address it directly, not let it slide, and treat it as a policy issue if it doesn’t change?

Consultant: Exactly. Breaks aren’t just a suggestion. Skipping them undermines compliance, consistency, and trust within the team. A clear conversation now saves bigger headaches later.

And if you’d like, we can help you review your break and scheduling policies, train supervisors on how to spot and address these issues early, and make sure your practices are fully compliant with your state’s labor laws. That way you’ve got both the consistency and the legal protection you need.

Client: Is it ever appropriate to terminate an employee over the phone or via email?

Consultant: In almost every case—no. Termination is one of the most significant moments in the employment relationship, and it deserves the dignity of a direct conversation. Firing someone by phone or email feels cold, can come across as disrespectful, and can leave the organization open to unnecessary risk.

Client: So, never? What about special circumstances?

Consultant: There are rare exceptions—like if the employee is fully remote in another state, poses a safety risk by coming onsite, or has essentially abandoned the job and won’t respond otherwise. Even then, a video call is better than phone, and phone is better than email. Written notice should only confirm what’s already been discussed.

Client: What if the employee is actively avoiding the meeting? We’ve scheduled two times, and both were ‘missed.’ I can tell they know what’s coming.

Consultant: That’s actually pretty common. No one wants to sit through their own termination. Still, you shouldn’t default to email just because they’re dodging you. Instead, document your attempts to meet, then deliver the message by phone or video if they continue to avoid showing up.

You might say when you finally reach them:
“We’ve tried to schedule a meeting and haven’t been able to connect, so I want to make sure we talk today. Unfortunately, this conversation is about ending your employment. I’ll explain the details and follow up in writing as well.”

That way you’ve made a good-faith effort to handle it with professionalism.

Client: What if they just won’t answer at all?

Consultant: At that point, you still document your outreach attempts—calls, emails, calendar invites. After multiple good-faith efforts, you can send the termination notice in writing, but make it clear that this follows prior attempts to connect. Keep the message simple:
“We attempted to reach you by phone on [dates] to discuss your employment status. As of [effective date], your employment with [Company] has ended. Attached are the details regarding your final paycheck and benefits.”

That way, you’ve preserved professionalism and a record of your efforts.

Client: If I do get them on the phone or video, how do I handle it without making it worse?

Consultant: Keep it short, clear, and respectful. Don’t debate. Don’t drag it out. Have a witness on the call if possible. And always follow up with written documentation.

You might say:
“This isn’t an easy conversation. After reviewing the situation, today will be your last day with the company. I want to thank you for your contributions, and I’ll walk you through your final pay and benefits.”

Client: What if they get angry or try to argue?

Consultant: Stay calm, don’t match their tone, and redirect back to logistics.
If they push, you can say:
“I understand this is difficult news. The decision is final, and I want to focus on making this transition as smooth as possible for you.”

Client: So, the key is to avoid email-only terminations, make every effort for a conversation, and document if they won’t cooperate?

Consultant: Exactly. Terminations should always be handled with dignity, fairness, and a clear record. In-person is best, video or phone is acceptable if necessary, and email alone should only ever be a last-ditch confirmation, never the main event.

Client: We approved an accommodation for an employee with a medical condition that makes typing difficult. They’ve been using voice-to-text software, which seemed fine at first, but now we’re seeing a lot of errors in their documents. Coworkers are frustrated because they’re spending extra time fixing mistakes. Is this a sign the accommodation isn’t working?

Consultant: It might be—but it could also be a performance issue. The difference comes down to what’s causing the errors.

• If the tool itself is malfunctioning (mishearing, dropping words, or creating garbled text even when used correctly), then the accommodation may need to be adjusted. That means revisiting the interactive process, testing new tools, or adding supports.
• If the tool is working, and the employee isn’t reviewing their own work, then that’s not about the accommodation—that’s a performance expectation. All employees, regardless of accommodation, are responsible for producing accurate work.

Client: So, how do I know which it is?

Consultant: Start with curiosity and observation. Ask the employee how they’re using the tool and whether they’ve noticed the same errors. You might learn that the system is glitchy—or that they’re relying on it without proofreading.

You could say:
“I want to check in about the voice-to-text software. We’ve seen some accuracy issues in recent documents, and I’d like to understand what you’re experiencing with the tool. Is it the software itself, or is it more about having time to review your work before submitting?”

Client: What if it’s really the employee not checking their own work?

Consultant: Then it shifts into performance management. You still honor the accommodation, and you set clear expectations that accuracy is part of the job.

For example:
“I want to be clear—regardless of the tool you use, your responsibility is to submit accurate, final work. Using voice-to-text is fine, and I need to see that all documents are reviewed and edited before they go out.”

That keeps the focus on performance, not the accommodation.

Client: And if it turns out the software really isn’t working?

Consultant: Then it’s back to the interactive process. Explore alternatives like upgraded software, proofreading support, or splitting tasks differently. Document that you’re adjusting because the original solution isn’t effective, not because the employee failed.

Client: So, the key is to separate tool failure from employee responsibility?

Consultant: Exactly. Accommodation doesn’t lower performance standards—they just provide different ways to meet them. If the tool is the problem, fix the tool. If the employee isn’t meeting expectations, coach and hold them accountable. That distinction protects fairness, compliance, and team morale.

And if you ever need help documenting where “accommodation ends and performance begins,” we can guide you through that line.