Category: From the Files of HR Answers

Client: Hey, I’ve got a tough situation and need some guidance. One of our employees has a serious illness. They’ve used up all their protected leave and paid time off, but they want to keep working. The problem is, they’re not meeting expectations. What should I do?

Consultant: That’s a tricky one. It’s like trying to juggle flaming torches while riding a unicycle—there’s a lot going on, and it’s easy to get burned. First off, I’m sorry you’re in this situation. Balancing compassion with business needs is one of the hardest parts of management. Don’t worry, we can navigate this together.

Client: Thanks, I appreciate it. I want to be supportive, but at the same time, I have to think about the team and the work that’s not getting done. Where do I even start?

Consultant: Let’s start by acknowledging the human element here. It’s important to approach this with empathy. The employee is dealing with something really difficult, and the fact that they want to keep working shows they’re committed. That doesn’t mean you can ignore the impact on the business. You’ve got to find a balance between supporting them and keeping things running smoothly.

The first step is to have an honest, compassionate conversation with the employee. You might say something like, “I can see how much you want to keep contributing, and I admire your dedication. We need to talk about how things are going and what we can do to support you while also making sure the work gets done.”

Client: Okay, but what if they’re really struggling and just can’t meet the expectations? How do I handle that?

Consultant: This is where things get delicate. You need to assess whether there are reasonable accommodations that could help them meet expectations. Accommodations might include things like adjusting their workload, providing flexible hours, or allowing them to work from home if that’s possible. The key here is “reasonable”—you want to help them, and you need to make sure the accommodation doesn’t put undue strain on the rest of the team. This step is key in meeting the organization obligations related to the American’s with Disabilities Act (ADA.)

You could say, “Let’s explore what adjustments we can make to help you succeed. We want to support you, and we need to be realistic about what’s possible given the current situation.” This keeps the conversation supportive and grounded in the reality of the work that needs to be done.

Client: But what if we’ve already tried accommodations and they’re still not meeting expectations? At what point do I need to make a tougher decision?

Consultant: If you’ve tried to make accommodations and the employee still isn’t able to meet the job’s essential functions, it might be time to consider a more difficult conversation. This doesn’t mean you’re giving up on them, rather that you need to look at the bigger picture. You could say something like, “We’ve tried several adjustments, and we see this remains challenging and you are not meeting the job’s requirements. Let’s talk about what other options might be available.”

Options might include a temporary unpaid leave of absence, a reduced role, or even discussing whether there’s another position within the company that might be a better fit given their current situation (these are also parts of the ADA). This is where your empathy really needs to shine—you want them to know you care about their well-being, even if the current arrangement isn’t working.

Client: What if they insist on staying in their current role, even though they can’t handle it? I don’t want to seem like I’m pushing them out, but the team is starting to feel the strain.

Consultant: This is a tough love moment. You need to be clear and honest while still being kind. It’s perfectly okay to say, “I understand that you want to stay in your role, and we have to consider the impact on the entire team. The current situation isn’t sustainable, and we need to find a solution that works for everyone.”

If they’re adamant about staying, you might need to set some clear, measurable expectations and timelines. For example, “Let’s agree on some specific goals for the next few weeks. We’ll reassess at that point to see if things are improving.” This gives them a fair chance to improve, and also sets the stage for a more serious conversation if things don’t get better.

Client: And what if, after all of that, they’re still not meeting expectations? Do I have to consider termination?
Consultant: If it comes to that, it’s important to approach it with as much sensitivity as possible. Termination should always be a last resort, especially in a situation like this. If the employee isn’t able to perform the essential functions of their job despite accommodations and you’ve exhausted other options, it may be the only viable path forward.

When having that conversation, frame it in terms of the needs of the business while acknowledging the effort the employee has put in. You could say something like, “I know how hard you’ve worked to try and make this work, and I appreciate your dedication. Unfortunately, we’ve reached a point where the current situation isn’t working for the business, and we need to make a difficult decision.”

Make sure you’re offering support, whether that’s in the form of severance, help with applying for disability benefits, or even offering to write a strong reference if they’re capable of working in a different role elsewhere. It’s about balancing compassion with the reality of the business needs.

Client: That makes sense, but it’s still really hard. How do I make sure I’m doing this the right way legally and ethically?

Consultant: Great question, and it’s crucial to get this right. Make sure you’ve touched base with an employment attorney to review your process. You want to be sure you’re complying with all relevant laws—like the Americans with Disabilities Act (ADA) and any applicable state laws—and that you’re documenting everything thoroughly. We can certainly outline the steps we are recommending for you. That might minimize the cost of the attorney.

Document every conversation, every accommodation offered, and every performance issue. This isn’t just to cover yourself legally—it’s also a way to ensure you’re being transparent throughout the process. You might say, “We’ve kept careful records of our discussions and the steps we’ve taken to support you, and we want to make sure everything is clear.”

Client: Thanks, this helps. It’s just such a difficult balance to strike between being compassionate and keeping the business running.

Consultant: It is, and there’s no perfect formula. Approaching this with empathy, clear communication, and a focus on finding workable solutions, you’re doing the best you can in a tough situation. Remember, your goal is to support the employee while also ensuring the business can continue to function effectively. Sometimes that means making hard decisions. If you handle it with care, you can navigate this without losing your humanity—or your sanity.

Client: I appreciate your help. Any final advice?

Consultant: Just this: remember that you’re dealing with a person who’s going through a tough time, and you’re responsible for the well-being of your entire team and the business. Approach every conversation with kindness, and don’t shy away from the tough decisions if they’re necessary. It’s a balancing act. With the right approach, you can find a solution that respects everyone involved.

We are here to help anytime. Thanks for the conversation.

Client: Hey, I need your advice. We’re having a hard time hiring right now, and on top of that, we’ve got a few employees who don’t show up, don’t call, and are regularly late. What should we do?*

Consultant: The “no-show, no-call, late-to-the-party” scenario. It’s like trying to run a marathon with one shoe missing. I get it—right now, hiring new people feels like trying to catch a unicorn, and you’re left dealing with the folks who are here, but not really *here*, if you know what I mean. We’ve got some strategies to help you manage this without losing your sanity.

Client: Yeah, I’m at my wit’s end. We can’t afford to lose people, and this behavior is driving everyone nuts. What’s the first step?

Consultant: First things first: it’s time to get clear on expectations. You’d be surprised how often employees don’t even realize that their behavior is a big deal—especially if it hasn’t been directly addressed. You need to make sure everyone understands what’s expected of them. That means attendance policies, the importance of communication, and the consequences of failing to show up.

You could start by having a sit-down with the whole team—or at least those who are regularly MIA—and spell it out. Something like, “We’re all in this together, and we need everyone to pull their weight. Being on time and letting us know if you can’t make it is crucial for keeping things running smoothly.” Keep it straightforward, but don’t be afraid to let them know this is serious business.

Client: Okay, but what if they just keep doing it? We’ve talked to them before, but nothing seems to change.

Consultant: The repeat offenders. This is where consequences come into play. It’s not enough to just have a policy; you have to enforce it. If someone is continually late or not showing up, there needs to be a follow-up. The key here is consistency. If they know they can get away with it without repercussions, they’ll keep pushing the boundaries.

You might say, “We’ve talked about this before, and it’s still happening. We need to address this now to prevent further issues.” Lay out what the next steps are if the behavior doesn’t change—whether that’s a formal warning, a write-up, or some other action. The goal is to show that this isn’t something you’re going to ignore.

Client: But what if they push back? What if they say they have reasons or that it’s unfair?

Consultant: Push back is almost guaranteed, especially if they’re not used to being held accountable. The trick is to be empathetic and firm. If someone says they’re having trouble getting to work on time because of personal issues, you can listen and acknowledge that life happens— also reiterate that their attendance is non-negotiable. You could say, “I understand things can be tough outside of work, and we can discuss ways to help, we also need to make sure you’re here and ready to contribute.”

Offer support where you can—maybe there’s a temporary adjustment you can make to help them get back on track— make it clear that this isn’t a permanent adjustment. At the end of the day, they need to show up, or the team suffers.

Client: Okay, that’s fair. But here’s the thing—what if we really can’t afford to lose anyone? What if we’re so short-staffed that even the unreliable employees are better than no one?

Consultant: I hear you. In today’s job market, hiring can feel like trying to find a needle in a haystack while wearing mittens. It’s a tough spot to be in, and here’s the reality: keeping someone who’s unreliable can sometimes do more harm than good. Their behavior can drag down the morale of the whole team, and their unreliability can lead to bigger issues, like missed deadlines, customer dissatisfaction, and good staff resigning.

So, what can you do? First, assess how critical these roles are and whether you can redistribute their responsibilities temporarily if needed. Sometimes a short-term pain of being understaffed is better than the long-term chaos of keeping someone who’s not pulling their weight. You could also consider offering additional incentives for existing employees to pick up extra hours or responsibilities—this can help cover gaps while you’re working on finding more reliable hires.

Client: But what if we just can’t find anyone to replace them?

Consultant: If hiring new people is a major challenge, it’s time to get creative. Look into alternative staffing solutions—like temp agencies, part-time workers, or even remote employees if that’s an option. Sometimes broadening your hiring criteria or reaching out to different talent pools can bring in people you might not have considered before. It might also be worth reviewing your job postings and recruitment process to make sure you’re attracting the right candidates.

In the meantime, focus on retention—keep your reliable employees happy so they don’t feel tempted to jump ship. That means regular check-ins, recognition, and making sure they’re not burning out while picking up the slack for those who are less dependable.

Client: That makes sense. But what about the ones who just don’t improve, no matter what we do?*

Consultant: For the truly incorrigible ones, it might be time for the tough decision. It’s not an easy call, especially when hiring is difficult, but sometimes you have to cut the dead weight to keep the boat from sinking. If you’ve given them multiple chances, provided support, and they’re still not showing up—or calling in—it’s probably time to say goodbye.

Before you do, make sure you’ve got all your documentation in order—every missed day, every tardy, every conversation. That way, if they try to contest it later, you’ve got a solid case to back up your decision. And when you do let them go, be clear and professional. “We’ve given you multiple opportunities to improve, and you have chosen not to take those opportunities. We have chosen to end your employment, and we wish you well in your future endeavors.”

Client: But what if that leaves us even more short-staffed?

Consultant: It’s a risk, no doubt. But sometimes taking a step back allows you to move forward more effectively. Use the opportunity to strengthen the team you do have—cross-train them, offer professional development, and make them feel valued. That way, when you do find new hires, they’re coming into a more stable and positive environment. Plus, a tighter, more motivated team can often accomplish more than a larger group that’s bogged down by unreliability.

Client: I guess it’s a balancing act—holding people accountable without risking losing them altogether.

Consultant: Exactly. It’s about finding that sweet spot where you’re maintaining standards without decimating your workforce. Just remember, accountability is a two-way street. If employees see that you’re serious about attendance and punctuality, they’re more likely to take it seriously themselves. And for those who don’t—well, sometimes the best thing you can do for your team is to show them the door.

Client: Thanks for the advice. I feel a bit more prepared to tackle this now. Any final tips?

Consultant: Just this: don’t let fear of losing staff keep you from maintaining standards. It’s a tough market, sure, and that doesn’t mean you should lower the bar. Keep your expectations high, communicate clearly, and be consistent with consequences. In the long run, you’ll build a stronger, more reliable team—one that doesn’t leave you wondering if anyone’s going to show up tomorrow.

We are here to help anytime.  Thanks for the Conversation.

Client: Hey there, I need your help. I’m getting pretty tired of managers coming to me only when things have been going wrong for what feels, to them, like forever. Then they’re completely lost about how to fix it. How do I make them understand that giving timely feedback and following up is their responsibility?

Consultant: We see this frequently. It’s like discovering your house has had termites for years, and now you’re wondering why your floor is sagging. It’s not a great place to be. But fear not! We can absolutely help your managers grasp the importance of timely feedback and follow-up, so they’re not stuck in panic mode, desperately trying to repair the damage. And, looking to you to solve the problem.

Client: Exactly! So how do I get them to realize they can’t just ignore things until it’s too late?

Consultant: We start by making sure they understand that managing a team is a bit like being a gardener. You can’t just plant seeds (or in this case, hire employees) and walk away, hoping everything will bloom perfectly. Gardens need regular attention—watering, weeding, pruning. If you skip the upkeep, you’re going to end up with a mess of overgrown weeds and dead flowers. It’s the same with managing people. If managers don’t give feedback when it’s needed and follow up to ensure improvements are made, they’re setting themselves—and their team—up for a disaster.

Client: That makes sense. But what’s the best way to explain this to them without sounding like I’m nagging?

Consultant: Good question! You definitely don’t want to come off like the HR version of a broken record. Let’s take a friendly, yet firm, approach. You could start by sharing some real-world examples—anonymously, of course—of situations where problems festered because feedback was delayed. You might say something like, “Remember that project where everything blew up at the last minute? If someone had stepped in earlier with some constructive feedback, we could’ve avoided that crisis.” Real-life stories tend to resonate much more than abstract concepts.

Client: But what if they push back and say they’re too busy, or they didn’t want to hurt anyone’s feelings?

Consultant: “I’m too busy,” and “I didn’t want to hurt their feelings,” are two of the biggest culprits behind the “forever problem.” Here’s what you can tell them:

First, about the “I’m too busy” excuse—managing people is their job. It’s not an extra task on top of their work; it *is* their work. If they’re too busy to give feedback, they’re too busy to manage. And that’s a manager performance problem. Without feedback, small issues turn into big ones, and those big ones take even more time and energy to fix later. So really, by not giving timely feedback, they’re creating more work for themselves down the road.

As for the “I didn’t want to hurt their feelings” excuse—remind them that giving feedback doesn’t have to be painful. It’s all about the delivery. If they approach it as an opportunity to help someone improve, rather than as criticism, it can be a positive experience. You might say, “Feedback isn’t about pointing out flaws; it’s about guiding someone to be their best. Think of it as coaching rather than criticizing.” That way, they’ll see it as an investment in their team’s growth rather than an uncomfortable confrontation.

Client: Okay, but what if they just don’t see the urgency? Like, they know something’s wrong, but they think it’ll sort itself out eventually?

Consultant: That’s a risky game to play. Waiting for problems to fix themselves is like hoping a flat tire will reinflate on its own—it’s just not going to happen. One thing that can really drive this point home is data. Encourage your managers to track issues as soon as they arise. If they see a pattern—like consistently missed deadlines or repeated mistakes—they’ll realize these aren’t one-off incidents but signs of a deeper issue that needs addressing. Show them that the longer they wait, the more these small problems will compound, making it harder to solve later on.

Client: So, how do I get them to actually follow up after giving feedback? That seems to be another sticking point.

Consultant: Follow-up is where the magic happens—or where everything falls apart if it’s neglected. You can tell your managers that feedback without follow-up is like giving someone a map but not checking to see if they actually found their way. It’s essential to circle back and see if the changes have been made and if the person needs more support. This doesn’t have to be a long, drawn-out process—sometimes a quick check-in is all that’s needed. It’s also important to remember follow-up is for the purpose of praise and continued support.

You might say, “Following up shows you care about the person’s success and the team’s overall performance. It’s like putting the final coat of paint on a project—it’s what makes everything come together.” And if they’re worried about micromanaging, reassure them that follow-up isn’t about hovering; it’s about making sure the job gets done well. It’s the difference between driving a car with occasional check-ups and driving until it breaks down on the side of the road.

Client: That’s a great analogy. But how do I make this a habit for them, not just a one-time thing?

Consultant: Building habits is all about consistency. Encourage your managers to make feedback and follow-up part of their regular routine. One way to do this is by setting reminders—either in their calendar or through whatever project management tools you’re using. Suggest they set aside a little time each week specifically for check-ins and follow-ups. Even 15 minutes can make a big difference.

Another tip is to lead by example. If you’re regularly giving feedback and following up, they’ll see it in action and be more likely to do it themselves. You can also make it a part of their performance reviews—assessing how well they’re giving feedback and following up with their team. That way, they’ll see it’s not just a nice-to-have, but a critical part of their role.

Client: That’s helpful. But what if someone still doesn’t get it and keeps letting things slide?

Consultant: If someone is consistently dropping the ball, it might be time for some tough love. Sit down with them and explain the impact their inaction is having—not just on the team, but on the company as a whole. Sometimes people need to see the bigger picture to understand why this matters. You might say, “When you don’t address issues right away, it affects not just your team’s performance, but the whole department’s productivity. We need everyone pulling their weight to keep things running smoothly.”

If they’re still not getting it, it may be time to consider whether they’re really suited for a managerial role. Some people are great individual contributors and struggle with the responsibilities of management. It’s better to address this sooner rather than later, for everyone’s sake.

Client: I really appreciate these insights. I think I have a better handle on how to approach this with my managers. Any final words of wisdom?*

Consultant: Just this: feedback and follow-up are a gift. By making them a priority, your managers will not only prevent problems from spiraling out of control, they’ll also build stronger, more capable teams. And when that happens, you’ll hear a lot less about problems that have been going on “forever.”

So, encourage your managers to embrace their role as feedback champions. A little timely intervention can save a world of headaches down the road. And hey, if they ever need a reminder, just tell them: “Don’t let forever be the enemy of now.”

We are here to help anytime. Thanks for the conversation.

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.

Question:

With one exception, everything about my job is terrific. I work for an upscale hotel which is preparing me for a career in hospitality management. My boss is a great mentor, and most of my colleagues are upbeat and enthusiastic. However, one of them is a real mood-killer. Brittany starts complaining as soon as she walks through the door. Our manager is her primary target, but she makes disparaging comments about everyone, including coworkers and customers. She also loves to gossip and enjoys telling malicious stories about certain staff members. Brittany doesn’t seem to care that hotel guests can often hear her negative remarks. Although I
would like to correct this unprofessional behavior, that might put me on her “enemies list”. If I mention this to my boss, I’m afraid I’ll sound like a tattletale. My co-worker is a real downer. With all this constant complaining and speaking ill of other employees and I am not sure how to handle this individual in the best most professional and appropriate way. What should I do?

Answer:

Since Brittany’s compulsive griping is affecting both employees and guests, someone certainly needs to address it. It is always a good idea to try and work with the fellow employee to resolve the concern first before involving a supervisor. To keep this on a peer level, team up with some other colleagues and arrange to have a private conversation with Brittany (caution that it does not present as being ganged up on). A group discussion will have greater impact and
minimize the possibility of retribution. For example: “Brittany, we wanted to talk with you because it appears you are not happy working here. We are sorry about that and would encourage you to talk with the supervisor. Listening to you complain has become rather uncomfortable for us. We’re also concerned that customers
who overhear your comments are getting a bad impression of the hotel. So, from now on, we wanted you to know we are not going to participate in any more gripe sessions.” If that approach doesn’t seem feasible, the business implications provide a perfectly valid reason for involving your boss in this concern. Be sure to focus on the work issues and impact on morale, not Brittany’s disagreeable behavior. Explain that her public complaints may be giving guests the wrong impression, so you thought your manager should become aware of the situation. To stay off the enemy list, request that your comments be kept confidential please.

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.

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.