Category: HR Q&A

Q&A: Can We Conduct a Background Check If We Haven’t Done One Before?

Q&A: Can We Conduct a Background Check If We Haven’t Done One Before?

Kate has several years of experience working in customer service and quickly moved into HR. She graduated from the University of Oregon with a Bachelor of Science in Psychology. Kate loves to explore the country with her husband and friends. .

Q&A: We’ve seen an uptick in complaints from employees. Is this cause for concern?

Q&A: We’ve seen an uptick in complaints from employees. Is this cause for concern?

The mere fact that you’re getting more complaints than normal isn’t necessarily something to worry about. The increase in complaints could be a sign that there are now more issues that require your attention, or it could be a sign that your employees are—for some reason—feeling safer speaking to you about their concerns. In and […]

Q&A: What are some best practices for conducting terminations?

Q&A: What are some best practices for conducting terminations?

Answer from Marisa, SPHR: While all terminations carry some inherent risk, there are some best practices that can reduce risk significantly: DocumentationGood, ongoing documentation is your best defense to any challenge, whether from the employee in the termination meeting, the state unemployment insurance department, the labor department, or opposing counsel in court. Be sure to […]

Q&A: How Do We Address Immature Behavior Without It Sounding Personal?

Q&A: How Do We Address Immature Behavior Without It Sounding Personal?

We have an employee who generally performs well, but at times behaves immaturely. When she gets upset, she slams things and stomps around the office. She also often says “That’s not my job” when asked to help with something. She’s younger and this is her first job. Is there a best way to address this […]

Q&A: Can We Reduce the Risk of a Termination by Calling It a Layoff?

Q&A: Can We Reduce the Risk of a Termination by Calling It a Layoff?

Question: Does presenting a termination as a layoff reduce the risk of an unlawful termination claim? We have a new manager who’s not performing well that we want to let go. Answer:No. In fact, it could create more risk. If the terminated manager saw that you were hiring again for the position you were supposedly […]

Q&A: Can we ask an applicant why they are leaving their current job?

Q&A: Can we ask an applicant why they are leaving their current job?

Yes. While it’s fine to ask this question during the interview, we recommend you collect this information ahead of time by asking about it on an employment application. In the section where the applicant lists their previous employment experience, you can ask for the reason they left each job. Trends you notice may be cause […]

Q&A: Can We Screen the Social Media Accounts of Job Candidates?

Q&A: Can We Screen the Social Media Accounts of Job Candidates?

Some companies choose to review the social media accounts of job candidates, usually with the hope of spotting any red flags or assessing “cultural fit,” but we recommend against doing so. First, it creates extra risk. You could be exposed to information about the candidate’s protected classes, such as their race, age, or religion. If […]

Q&A: Do We Have to Pay Employees for Their Time at a Required Training?

Q&A: Do We Have to Pay Employees for Their Time at a Required Training?

Question: Our employees are required to attend sexual harassment prevention training. Do we need to pay for their time at training? Answer from Eric, SPHR, SHRM-SCP: If an employer requires attendance at a training, then it generally must be paid. While this training may often be directed because of a state law, it is ultimately […]

Q&A: Are We Required To Pay Employees If We Close for Inclement Weather?

Q&A: Are We Required To Pay Employees If We Close for Inclement Weather?

Question: If our company closes due to inclement weather, are we required to pay employees? Can we require PTO use? The answer depends on whether the employees are exempt or non-exempt under the Fair Labor Standards Act. Exempt employees must still be paid when you close due to inclement weather. Non-exempt employees, however, only need […]

Q&A: Can We Prohibit Visible Tattoos?

Q&A: Can We Prohibit Visible Tattoos?

Question: We’re thinking of requiring employees to keep tattoos covered. Is this something we can do? What considerations should we make? Yes, you may prohibit visible tattoos entirely or you may simply prohibit those that are offensive, distracting, inappropriate, or over a certain size. Tattoo policies usually depend on the culture of the workplace and […]