Show Me The Money?

Client: One of my employees came in waving job postings they found online. They’re saying those jobs pay more and are demanding I match it with a raise. How do I handle this without losing them—or caving just because they saw an ad?

Consultant: This comes up frequently. Online postings can be misleading—sometimes inflated to attract candidates, or tied to roles with very different responsibilities, requirements, or locations. The key is to acknowledge the concern, explain how your pay structure works, and redirect the conversation toward their role and growth.

Client: So, I can’t just say, ‘That’s not how this works’?

Consultant: Tempting, and not the best approach. That could make them feel dismissed. Instead, you could say something like:
I appreciate you bringing this up. Job postings don’t always reflect the full picture—responsibilities, qualifications, and benefits matter too. Let’s talk about how our pay structure works here and review where your current role fits within it.

This acknowledges their point while keeping the discussion grounded in your organization’s practices.

Client: What if they push back and say, ‘I could go get this job tomorrow and make more’?

Consultant: Stay calm and don’t turn it into a dare. You might respond:
I understand you’re seeing opportunities out there. Our goal is to keep pay competitive and fair within the market and our budget. If you’d like, we can review the career paths here and what it would take to increase your earnings with us.

This shifts the focus from a threat to a constructive conversation.

Client: What if the posting really does show higher pay for a similar job?

Consultant: That’s worth noting. Sometimes market conditions change faster than pay ranges are updated. If you hear the same trend from multiple employees or notice turnover risks, it may be time for a market review. You could say:
Thanks for sharing that. We regularly review our pay to ensure competitiveness, and I’ll take this into consideration. For now, let’s talk about your role, your goals, and how you can continue to grow here.

That shows you take their input seriously without making a knee-jerk promise.

Client: What if they won’t let it go and keep saying, ‘I deserve more now’?

Consultant: That’s when you set boundaries. Be clear about process:
I hear your concerns, and compensation reviews happen at [specific time—annual cycle, performance review, etc.]. I’ll make sure your input is considered, and in the meantime, let’s focus on your development goals.

This reinforces structure and fairness.

Client: What if they start telling coworkers about the job postings and stirring things up?

Consultant: Pay rumors can spread quickly. Be proactive. Consider sharing general information with the team about how pay ranges are set, the difference between postings and actual offers, and your commitment to reviewing pay structures regularly. Just remember—stay high-level and don’t reference specific employees.

Client: Okay, so the steps are: listen, explain the process, redirect to their own role, and review if needed?

Consultant: Exactly. You don’t want to dismiss the concern, and you also don’t want to let a single job ad dictate your pay structure. Acknowledge, explain, redirect, and—if a real market shift is happening—address it strategically.

And if you’d like help reviewing market data or creating messages for employees about how pay is determined, we’re here to support you.

Regret Hiring In Haste?

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.

Rolling Out Rules without Rolling Eyes

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.

I-9 In Trouble?

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.

When Threats Turn into Next Steps

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.

Sobering Conversations

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.

Too Sick to Work, Too Stubborn to Stay Home

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.

Cutting Corners on Lunch

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.

Fired by Email? Think Twice

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.

When Tech Fixes Fail – or is it Performance?

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.