Author: Laurie Grenya

Client: I just realized a new hire hasn’t completed their I-9 form, and it’s past the deadline. What should I do?

Consultant: This is urgent. Federal law requires that Section 1 of the I-9 is completed on the employee’s first day of work, and Section 2 is completed within three business days. If you’ve missed that window, you can’t backdate the form. You need to get it completed immediately and document the delay.

Client: So, I can still have them fill it out now?

Consultant: Yes, but with a note. Complete the form as soon as possible, and in the “Additional Information” section, explain why it was late. For example: “Form completed on [date]. Delay due to oversight. Corrective action taken to prevent future occurrences.” This shows good-faith compliance.

Client: What if they never bring in the documents I need to verify employment eligibility?

Consultant: Then you can’t continue to employ them. If they can’t provide acceptable documents within the timeframe—even with the delay—they’re not legally eligible to work. That’s a tough conversation, and it’s required.

Client: What happens if I just let this slide and don’t finish the form?

Consultant: That’s risky. Fines for I-9 noncompliance can be thousands of dollars per form, and repeat violations can lead to even bigger penalties. If an audit happens, incomplete or missing I-9s will be flagged. Better to correct late than to leave it blank.

Client: Okay, but what should I do to keep this from happening again?

Consultant: Put a process in place. For example:

• Add I-9 completion to your new hire checklist.
• Make sure hiring managers know the deadlines.
• Use reminders or HR software to track due dates.

Client: What if the employee says they already turned in documents, but I don’t have them?

Consultant: Then treat it as if it’s not complete. You must see and record the documents yourself (or your authorized representative must). If documents are lost, redo the verification process—never guess, assume, or backdate.

Client: So, even though we’re late, I should fix it now, document the reason, and then make sure it never happens again?

Consultant: Exactly. Correct it now, keep your compliance record transparent, and tighten your onboarding process to prevent repeat issues.

If you’d like, we can review your onboarding checklist and create an I-9 compliance guide for your managers. That way, you’ll have a system in place that keeps you compliant—and keeps the fines far away.

Client: An employee made a physical threat toward a coworker. I’m shaken and I know this is serious. How should I handle this?

Consultant: You’re right—this is one of the most serious situations you’ll face. Step one is immediate action: place the employee on administrative leave right away. Whether that leave is paid or unpaid depends on state law and your policies. Some states require paid leave during investigation, others allow unpaid—so you’ll want to confirm before acting. The key is removing the individual from the workplace immediately to protect everyone.

Client: So, I can’t just move straight to termination?

Consultant: Not yet. Even if the threat feels obvious, you need to conduct an investigation first. Administrative leave creates space for that. Document the reported threat, interview witnesses, and review any available evidence—emails, security footage, or statements. It shows you’re being thorough, not reactive.

Client: What if my team is scared this person might come back during the investigation?

Consultant: That’s a valid concern. Once on leave, notify the employee in writing:
“Effective immediately, you are on administrative leave pending investigation. Do not return to the workplace until contacted.”
At the same time, make sure access to systems, keys, and ID badges are deactivated. This isn’t punishment—it’s a safety measure.

Client: Okay. And if the investigation proves the threat happened?

Consultant: Separation is the next step, if consistent with policy or past practice. You can move forward with termination confidently because you’ve confirmed the facts. Keep the conversation short and professional, usually over the phone or video for safety:

“Based on the investigation, your employment is being terminated effective today. Your final paycheck will be delivered by [method] on [date]. Do not return to the workplace.”

Client: Do I really have to let them come in for their paycheck?

Consultant: No—and in this situation, you shouldn’t. Most states allow alternative delivery methods—direct deposit, certified mail, or courier service. The law requires you to meet the deadline for final pay, not to hand it over in person. Given the risk, keeping them offsite is probably best.

Client: What about the rest of my staff? They already know something happened.

Consultant: Address it quickly, without details:
“We had a situation, and it’s been handled. Everyone’s safety is a priority, and appropriate steps have been taken.”
This reassures your team while keeping the process confidential.

Client: So, the right order is: leave first, investigate, then separate if the threat is confirmed?

Consultant: Exactly. Safety, compliance, and fairness—those three guideposts will protect both your employees and your organization. The leave ensures safety, the investigation ensures fairness, and the termination—if warranted—ensures accountability.

If you ever face a high-risk situation like this, don’t navigate it alone. We can help review your state’s leave rules, guide you through the investigation process, and support you in managing separation logistics securely and legally. Safety first, compliance always.

Client: I think one of my employees may have been drinking before coming to work. They seemed off—slurred words, unsteady, not their usual self. What do I do without jumping to conclusions?

Consultant: You’re right to pause before acting. Suspicions need to be handled carefully—both to protect safety and to avoid unfair assumptions. The key is to focus on observable behaviors, not personal judgments.

Client: So I shouldn’t ask them directly, ‘Have you been drinking?’

Consultant: Correct. That’s an accusation, and if you’re wrong, you risk damaging trust. Instead, document the behaviors you notice. For example: “I observed that you were unsteady on your feet and your speech was slurred during the morning meeting.” This frames the issue in terms of workplace impact.

Client: What if they’re actually dealing with a medical issue, not alcohol?

Consultant: Exactly why you stick to behaviors. If it’s alcohol, they’ll understand what you’re referring to. If it’s medical, they may disclose that—or you can shift into an accommodation conversation. Either way, you’re on safe ground.

Client: What should I do in the moment, if I think they’re impaired at work?

Consultant: Safety first. If the job involves driving, machinery, or anything that could put others at risk, remove them from duty immediately. Have a witness present when you speak to them. You might say:
“I’ve noticed behaviors that raise concern about your ability to work safely today. For your safety and the safety of others, I need you to stop work while we sort this out.”

Client: Do I send them home?

Consultant: Only if it’s safe. Never let someone you suspect is under the influence drive themselves home. Arrange a ride, call a family member, or use a rideshare service on the company’s dime. Document everything—what you observed, what steps you took, and who was present.

Client: What about drug or alcohol testing? Can I require that?

Consultant: That depends on your policy and state law. Many employers have reasonable-suspicion testing policies, and those need to be written, communicated, and applied consistently. If you don’t have one, this is a good time to create one for the future. In the meantime, rely on documented behaviors and safety protocols.

Client: What if the employee admits to drinking? Do I fire them?

Consultant: Not necessarily. Response should align with your policy, the seriousness of the situation, and whether this is a first occurrence. Options range from a formal warning and required Employee Assistance Program referral, to suspension, or—if safety was severely compromised—termination. Consistency is key: handle it the same way you would for any employee in the same situation. Never terminate in the moment.

Client: What if this keeps happening?

Consultant: Then it shifts from a one-time incident to a performance or conduct issue. Document each occurrence, follow your progressive discipline process, and, if necessary, take stronger action. At the same time, provide resources like EAP or treatment program referrals if you have them.

Client: So, I should stay focused on behaviors, protect safety, and follow policy?

Consultant: Exactly. You don’t need to play detective or diagnose. Your role is to ensure the workplace is safe, document concerns, and apply consistent policies.

Client: This makes sense, but it still feels uncomfortable.

Consultant: It always will—no one enjoys these conversations. And that’s why preparation matters. Write down your talking points, keep it brief, and remember: your role is to address the impact on work and safety, not the employee’s personal life.

If you’d like, we can help you draft a reasonable-suspicion checklist, train your supervisors on how to handle these situations, and review your policies for compliance. That way, the next time this comes up, you’ll feel confident in both the process and the outcome.

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.