Author: Laurie Grenya

Client: I need help. We had a new employee start before we completed their reference checks. Now that we’ve finally heard back, I’m concerned about what we learned. Can we just let them go?

Consultant: That’s a tough situation, and it happens more often than you’d think. The first step is to pause and determine whether the concerns are about performance, behavior, or credibility. Then you need to consider what’s been documented since they started with you.

Client: Well, the reference check mentioned reliability issues in their past role. But so far, this employee has been on time and seems engaged. Do I still have grounds to end things?

Consultant: Not automatically. References can be useful, yet they don’t outweigh your own observations. If the employee is performing well now, terminating just because of something in their history could create risk—especially if there’s no current performance issue.

Client: So, I just ignore what I found out?

Consultant: Not ignore—use it as insight. Consider whether the concerns are something you can monitor or coach on. For example, since reliability was mentioned, you could keep a closer eye on attendance and deadlines. If problems emerge, you’ll have both past context and current documentation to address them.

Client: What if the reference brought up something more serious, like dishonesty?

Consultant: That changes the conversation. If the issue calls into question their integrity or accuracy of information provided in the hiring process, you’ll need to check your application documents. Did they misrepresent anything? If yes, that can be grounds for termination—provided you follow a consistent process and document the discrepancy.

Client: But isn’t this what probationary periods are for? Can’t we just release them because we don’t think it’s going to work out?

Consultant: Yes and no. Probationary periods don’t erase your obligations under employment law. Even in at-will states, you want to ensure the reason for separation is legitimate, nondiscriminatory, and documented. Ending employment too quickly after starting—without cause—can raise questions.

Client: So, what’s the safest move right now?

Consultant: Evaluate what you’ve seen firsthand. If there are no current issues, keep them and set clear expectations moving forward. Document what you found in the reference check and use it as a watch point. If there are real performance or conduct concerns—either now or if they arise—you’ll have grounds to act. If you choose to end employment now, make sure you have clear, job-related reasons and follow your state’s final pay requirements to the letter.

Client: That makes sense. I guess the key is to base decisions on what’s happening now, not just on the past.

Consultant: Exactly. References are one piece of the puzzle, not the whole picture. Use them as insight, not as a sole basis for termination—unless they reveal something that clearly conflicts with what the employee represented to you. In those cases, document carefully and proceed with caution.

When hiring shortcuts happen—and they do—it’s important to know how to cleanly untangle the situation. If you need help designing a process that ensures background and reference checks are completed before day one, or guidance on handling sticky post-hire discoveries, we’re here to support you.

Client: I need to roll out a new policy, but I already know some employees are going to push back. How do I introduce it without creating a mutiny?

Consultant: Great question. Rolling out an unpopular policy is part communication strategy, part timing, and part trust-building. The goal is to minimize resistance and maximize understanding.

Client: So, should I just drop it in an email and hope for the best?

Consultant: That’s one way to guarantee eye rolls. Email is fine for documentation, and face-to-face conversation (or virtual meeting) shows respect and gives employees a chance to ask questions. People want to know why the policy exists and how it affects them.

You might say:
“We’ve introduced this policy to address [specific reason]. I know changes aren’t always easy, and I want to take time to explain what this means and answer your questions.”

This frames it as collaborative rather than top-down.

Client: But what if they start pushing back right there in the meeting?

Consultant: Expect pushback. Plan for it. Acknowledge concerns without backpedaling.

Try this:
“I hear your concerns, and I understand this change may feel inconvenient. The purpose of this policy is to [state benefit—compliance, fairness, consistency, safety]. We’ll monitor how it’s working and make adjustments if needed.”

That way, you’re empathetic and firm.

Client: Should I explain every single detail, or keep it general?

Consultant: Be transparent about the reasoning and the main points, and then provide resources for the details.

Say something like:
“The written policy has all the specifics, and we’ll make it available to you. Today, I want to walk through the highlights and how they connect to our organizational goals.”

This keeps the conversation digestible.

Client: What about employees who just refuse to accept it and keep complaining?

Consultant: That’s where leadership consistency comes in. If managers waffle, employees see the policy as optional. Reinforce that it’s not a debate about whether the policy exists—it’s about supporting everyone in following it.

You can say:
“I understand you’re frustrated, and I appreciate your perspective. The policy is in place and applies to all of us. Let’s talk about how I can help you adjust to it.”

Client: Should I try to ‘sell’ the benefits, or just stick to the facts?

Consultant: Do both. Stick to the facts so people understand the necessity, and highlight benefits where possible. Even if the benefit isn’t immediate for them personally, link it to fairness, consistency, or long-term improvements.

For example:
“This policy helps us ensure fairness across the organization. Everyone will be held to the same standard, which prevents confusion and protects all employees.”

Client: Okay, but what if they say, ‘We’ve always done it the other way. Why change now?’

Consultant: That’s the most common response to change. Acknowledge the past while pointing forward.

Say:
“You’re right—we’ve done things differently before. As our organization grows and laws/needs change, we need to adapt to stay compliant and consistent. This is about making sure we’re prepared for what’s ahead.”

This shifts the focus from nostalgia to necessity.

Client: So, the big picture is—communicate openly, be firm and empathetic, and show how it connects to the bigger goals?

Consultant: Exactly. Rolling out an unpopular policy isn’t about making everyone like it—it’s about helping them understand it and ensuring consistent application. Clear reasoning, respectful communication, and steady follow-through make the difference.

And if you ever need help drafting rollout talking points, training managers, or managing employee reactions, we’re here to support you.

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.