Author: Laurie Grenya

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.

Client: I’ve got a situation. A former employee left weeks ago and still hasn’t returned their company laptop and access badge, even though our policy requires it. What should I do?

Consultant: You’re not alone—this happens more often than you’d think. The key is to stay professional, document your efforts, and use the right channels to get the property back.

Client: What’s my first step?

Consultant: Start with IT and security. Immediately deactivate their system access, email, and building badge. If it’s a laptop or mobile device, have IT remotely disable or wipe it. This protects your data and prevents unauthorized use—whether or not you get the equipment back.

You could also notify them:
“Please be aware your system access and badge have been deactivated for security reasons. To avoid further action, return all company property by [date].”

This makes it clear you’re serious while keeping it professional.

Client: What if they still don’t respond?

Consultant: That’s when you move from informal to formal. Send a certified letter with a clear deadline for return, referencing the policy they acknowledged when they left.

You might write:
“As a reminder, company property (laptop, access badge, etc.) must be returned no later than [date]. Please contact [HR or IT contact] to arrange return. If the items are not received by this date, the organization may take further steps to recover them.”

This creates a paper trail and sets a firm expectation.

Client: And if that still doesn’t work?

Consultant: If reminders don’t work, review your organization’s policy. Some states let you deduct the cost of missing property from an employee’s final paycheck, but others—such as Oregon—do not. Many require prior written consent, and some ban deductions entirely. Always verify state rules before proceeding.

If deductions aren’t possible, your remaining options are to escalate with legal counsel or pursue recovery in small claims court.

Client: What if the property is damaged when I finally get it back?

Consultant: Document its condition immediately and follow your policy. If you don’t have one that covers damage, create one for future use. Have employees sign an equipment agreement at onboarding that clearly states expectations for return, loss, or damage.

Client: Okay, so lock down access, send reminders, and then escalate?

Consultant: Exactly. Here’s the step-by-step approach:

1. Deactivate access – IT/security shuts down systems and badges immediately.
2. Send reminder – email or call with a professional request for return.
3. Send certified letter – set a clear deadline and reference policy.
4. Review policy & law – check what is legally allowed for recovery in your state.
5. Escalate if necessary – legal counsel or small claims for unresolved cases.

Client: That’s helpful. How do I avoid this next time?

Consultant: Plan ahead. At offboarding, have a property checklist and collect items before final pay or benefits are processed—if your state law allows. An in-person equipment return during the exit meeting is the cleanest and most effective process.

Client: So, the key is to secure the organization first, then recover what you can?

Consultant: Exactly. Protect your systems, follow a clear process, and tighten up offboarding for the future. Think of this as both a recovery step and a process improvement opportunity.

And if you’d like, we can help you draft a simple, air-tight property return agreement for future hires.