Does My Company Need an Employee Handbook?

In general, having an employee handbook or policy manual is a good business practice, but specifically, there are some good reasons, from a legal standpoint, to create an employee handbook:

Consider this: Even one employee can cause you problems.

And the problems multiply exponentially the more employees you have.

Image this scenario: Your one employee is consistently late for work; sometimes he calls to let you know he will be late, and sometimes he doesn’t. You want to fire him for continued absence, but your attorney says you have no handbook that tells the employee what to expect about what happens in the case of chronic absenteeism.

Trust me; If you don’t have something in writing about this situation, the employee can charge that he didn’t know he could be fired for not showing up on time. And this could lead to a lawsuit.

The Purpose of an Employee Handbook

  • Employees like to know what is expected of them and they want to know that they are being treated the same way as other employees. The perception of unfair treatment can lead to disgruntled employees and, ultimately, to lawsuits. For example, if all employees know how many vacation days they receive, they won’t be wondering if other employees are getting more days.
  • Having the same rules for all employees makes running the business easier. There’s no need to think about what to do in a specific situation. Sure, there are times when there’s no written policy on an issue, but having some general guidelines can help deal with specific situations.
  • Written policies show employees that your business wants to be fair. That intent goes a long way towards good morale in general and in dealing with individual employees who are discontented.
  • Finally, written policies and procedures can help you deal with lawsuits. The policy manual can be used as evidence in a discrimination lawsuit; in fact, such a manual might even prevent a lawsuit.

Why an Employee Handbook isn’t Enough

After you have prepared that employee handbook for your business, there are several more things you should do:

Attorney Review
Have an attorney review the handbook for language, for conflicting or confusing language, and for legal issues. For example, your attorney can help you craft language that won’t make employees think they have a job for life.

Communication
Make sure all current employees know about the handbook and that it is available to them. Give each employee a copy (make sure you get a signature so you can show that all employees have received their copy).

Put a copy up on the company website. Remind employees about specific policies. In other words, make sure there’s no way an employee can plead ignorance of the policies and procedures in the manual.

Implement
Follow the handbook. Take action when you need to. Using the handbook to deal quickly with employee issues reinforces your intent to be fair and your intent to follow the handbook.

Revise
Re-visit the handbook periodically. Update policies that have changed (make sure you communicate the changes immediately!) and consider other changes to address issues that have come up. If you change a policy and you don’t change the handbook, you’re inviting legal issues.

No matter how many employees you have, an employee manual or employee handbook is an essential tool for running your business.

So have you created an employee handbook yet?  If not, we can help create one to fit your business needs.

You Can’t Wear That! Dealing With An Employee Who Dresses Inappropriately

If you’re a small business owner with staff, at some point you’re going to have to deal with a sticky, employee-related situation. Whether it’s an employee who’s always out sick, staff who look for sneaky ways to abuse benefit privileges or team members being careless on social media, your people may make choices that don’t suit your business—including what they wear to work.

It’s a situation no business owner wants to face, but you and your employees may not be on the same page when it comes to appropriate work attire. As workplace dress codes continue to get more casual across the country, business owners and their staff may struggle to determine what’s acceptable to wear at work and why.

Use these tips to determine how to communicate with staff when an employee dresses inappropriately.

1. Have an answer for ‘Why Can’t I Wear This?’

It’s important that all members of your staff understand why certain clothing items or styles aren’t acceptable in your workplace, and that sometimes it’s about more than just making a good impression. For instance, if you work in an environment with machinery, tools, heavy equipment or other potential dangers, inappropriate clothing may not adequately protect  your workers. Even worse, some clothing, such as wide, loose sleeves, may interfere with equipment and pose a safety hazard.

2. Send out reminders when necessary.

Sometimes, the best way to deal with a minor “wardrobe infraction” is to post a reminder list on the wall in the break room or send out a simple company-wide email reminding your staff of the expected dress code. This subtle reminder may be all that’s required to get the attention of the specific offender, plus any others who may be tempted to stray toward inappropriate clothing choices for work. If this doesn’t work, though, prepare to talk to the staff member in question.

3. Be really specific about acceptable work clothing.

When communicating to your employee about what is and isn’t acceptable attire, be as specific as possible. Explain that what they’re wearing isn’t safe while working at a lathe, for example. Also prepare to clearly explain what’s included in any terminology you use. Instead of saying that your employee should avoid “casual wear,” specify that they should avoid “weekend casual wear” and list the clothing items that are included in this category.

For example, your non-acceptable “weekend” casual wear list could include:

  • Athletic shoes
  • Flip-flops
  • Sweatpants or yoga pants
  • Hats
  • Hoodies and sweatshirts
  • Halter tops
  • Crop-tops (belly-baring shirts)
  • Jeans

And your acceptable “business casual” list could include:

  • Khakis
  • Cotton trousers
  • Skirts
  • Blouses
  • Polo shirts
  • Pullover sweaters
  • Cardigans

The key is to clearly communicate to all your staff what is and isn’t acceptable work attire.

4. Understand the do’s and don’ts for talking about inappropriate clothing.

Before you talk to your employee about his or her clothing choices, review this list of what to do and what to avoid.

Do

  • Make the conversation easier by preparing. Make sure you are well-versed on your company dress code, and more importantly, that your dress code is legally compliant.
  • Choose a private setting to talk to the staff member, so you can address the issue without embarrassing them in front of others.
  • Choose your words carefully. For example, “I’ve noticed your clothing choices, which, though they may be appropriate outside of our office/shop/business, are not in keeping with our dress code. I’d appreciate your cooperation in making some minor changes.”
  • Introduce your meeting as a time clarify your dress code and make sure your employee understands it.
  • Be specific about the problem. For example, “The shoes you’re wearing expose your toes, so they don’t meet the safety requirement of closed-toe shoes in our dress code.”

Don’t

  • Attend alone, especially when speaking with an opposite-sex employee. Bring in another staff member.
  • Make it a personal attack on the  person’s character. This is about the clothing they wear at work, not an attack on their lifestyle, religion or political choices.
  • Use the word “improve.” If you do, it may sound like you’re dealing with a performance issue.

5. Have “The Talk” with your employee.

If an employee wears something inappropriate after you’ve sent out a group email, it’s time to talk specifically to them. Keep in mind the information from tips three and four, and act quickly.

“Don’t delay taking action—even if just verbally and even if you learn of the infraction long after it occurs,” says human resources consultant Linda Michaels. Clearly point out any dress code violations plus how to remedy them.

Discussions about acceptable workplace clothing can be uncomfortable. They require a sensitive and delicate approach. To keep inappropriate clothing at work from becoming an extended issue, the best strategies are to head it off before it even starts and address any wardrobe infractions immediately.

5 Tips to Protect Your Company from Wrongful Termination Lawsuits

Most jobs are considered to be “at will” employment, but employees may still be able to sue an employer if the reason for termination is determined to be illegal. Unfortunately, termination is something that nearly every workplace must deal with, so it’s important that this matter be handled with delicacy and professionalism. The following are a few tips that can keep a workplace safe from wrongful termination lawsuits.

1. Communicate Regarding Expectations

Letting employees know what’s expected from day one can help to prevent performance issues and protect an employer if an employee is fired for failing to meet expectations. Of course, regular feedback should be given so that employees know whether or not they’re meeting expectations. If an employee is consistently warned about performance issues, it should be no surprise when termination follows.

2. Keep Great Documentation

Even if an employee is alerted to issues with performance, tardiness, or behavior, it can be difficult to prove that this feedback was given if there’s no documentation. Keeping great records can not only help to protect an employer from wrongful termination, it can also improve transparency and communication regarding ongoing issues. This can in turn improve consistency and organization, preventing problems from several angles.

3. Be Compassionate During Terminations

Being fired has been identified as one of the most stressful things that can happen in a person’s life. When the time comes to terminate someone, no matter what the reasons for the termination, being compassionate can help to ease the inherent tension in the situation. How an employee feels during and after the termination can be a big factor in whether or not the employee feels the need to pursue legal action.

4. Purchase Liability Insurance

Liability insurance is an added expense for the business, but may help to save dollars if an employee sues the company for wrongful termination. Not all liability insurance is the same, however. It may be prudent to make sure the option still exists to defend against a lawsuit and avoid a settlement, even if liability insurance is available to help pay settlements when they are found to be the best course of action.

5. Help Employees with Next Steps

Employees that find new jobs very quickly after termination usually don’t sue for wrongful termination. For this reason, it can be beneficial to assist employees with next steps as part of the termination process. Providing a reference or helping with networking, especially in cases where an employee was let go because of downsizing, can help the employee to move forward fast and prevent stress-inducing downtime.

Termination can be difficult for both employers and employees, so following certain guidelines can ease stress of the situation and prevent the hard feelings that sometimes lead to wrongful termination lawsuits. By detailing expectations and establishing a consistent chain of events that happens prior to termination, employers can protect themselves from liability. Employees may also feel more secure knowing what to expect and seeing that other employees are held accountable.

What Employers Must Know About Hiring Employees With a Criminal History

Hiring a convicted felon isn’t what most businesses set out to do. In fact, most companies would prefer to hire people who will be soon nominated for sainthood, which leaves candidates with a criminal record out. Employers need to keep in mind, though, that many saints have checkered pasts and so may some of your best employees. Here’s what you need to know about hiring employees with a criminal history.

What Is Ban the Box?

Most job applications have a box that applicants check off to say whether or not they have any felony or misdemeanor convictions. But, 25 states and several cities have passed “ban-the-box” laws. Some additional states have “fair chance” legislation, which means that you can’t ask the applicant about convictions on a job application.

Individual state laws vary, so double check your state or other governmental jurisdiction’s laws before you ask a person to fill out an application. As a general rule, ban the box means that you can’t ask about any convictions until you get to the job offer stage of the selection process.

The Purpose of Ban-the-Box Laws

What’s the purpose behind these laws? The state has a vested interest in getting people with a criminal history working—having a job reduces the chance of recidivism. If you want to lower crime, you want people working instead of returning to their bad ways.

But the other reason for ban-the-box laws is to stop discrimination against black men. However, research has shown that this may not be working as desired—since employers can’t ask about criminal history, they are less likely to interview black and Hispanic candidates.

Researchers looked at low-skilled men between the ages of 25 to 34 and determined that “in ban-the-box areas…   employers are less likely to interview young, low-skilled black men because those groups are more likely to include ex-offenders. They instead focus on hiring groups made up of men they believe are less likely to have gone to prison.”

So, while the laws may help actual convicts, they can adversely affect low-skilled black men who have no criminal history.

When Can You Ask About a Person’s Criminal History?

In all states, you can ask about felony convictions before you actually hire an employee. The ban-the-box legislation just prevents you from asking about criminal history before you’re ready to make an offer. When you’re ready to make an offer you can do a background check which involves asking about any convictions.

Can You Reject an Applicant Because of a Criminal History?

The answer to this question is sometimes. Some convictions prevent you from having certain types of jobs altogether. For instance, if you run a daycare, you absolutely can and must reject convicted child sexual abusers. That’s an easy decision. In other areas, the decision is not so cut and dried.

Rejecting people based on their criminal history may violate the Civil Rights Act of 1964’s Title VII. The Equal Employment Opportunity Commission says that there are two key points when considering how to treat convicted job candidates. They say:

  1. Title VII prohibits employers from treating people with similar criminal records differently because of their race, national origin, or another Title VII-protected characteristic (which includes color, sex, and religion).
  2. Title VII prohibits employers from using policies or practices that screen individuals based on criminal history information if:
    • They significantly disadvantage Title VII-protected individuals such as African Americans and Hispanics; AND
    • They do not help the employer accurately decide if the person is likely to be a responsible, reliable, or safe employee.

Ban-the-box legislation is an attempt to comply with the first part of this (although, it’s not working), but what about the second part? First, you can’t assume an arrest means a person committed a crime that would disqualify the person from the job.

If your candidate has a conviction, you can consider that they committed the crime of which they were convicted. If there is simply an arrest, you can use that to start an inquiry into whether or not the person should be disqualified.

How Do You Determine Whether to Hire a Candidate With a Criminal History?

But, how do you determine if the convicted person is “likely to be a responsible, reliable, or safe employee”? That’s going to vary based on state laws,  but here are some general guidelines.

  • Treat people of different races/genders the same. If you go ahead and hire a white man with a drug conviction because it was “just a youthful indiscretion” and then reject a black man with a similar conviction you’re violating the law.
  • How long has it been since the conviction? If the job candidate has a conviction for shoplifting from six months ago, you can make a strong argument that this is not a trustworthy individual. If that conviction occurred 20 years ago, however, and no repeat convictions have occurred—not so much.
  • How does the conviction relate to the job? You can reject a person who embezzled from a previous employer as your company’s comptroller, but probably not for a job as a landscaper with no access to funds.
  • Did you give the candidate a chance to explain himself? If a candidate has a conviction that you say disqualifies him for the position, the EEOC requires you to give the person a chance to “demonstrate that the exclusion should not be applied due to his particular circumstances.” This means that you’ll have to sit down and listen to what the candidate has to say and perhaps collect some additional information.

Always Consult With Your Attorney About Hiring Employees With a Criminal History

If you wish to reject a job candidate based on a conviction, before you do so, please consult with your employment law attorney. Because state and even local laws can vary considerably, you can’t make generalized judgments on what you think is best for your business. You need to ensure that you have followed the law precisely and that you aren’t violating Title VII in any way.

Many companies skip consulting with their attorney because that discussion costs money. But, it’s considerably cheaper to pay for an initial consultation than to have to pay for the resulting lawsuit. Remember, even lawsuits that you win are incredibly expensive to litigate.

For jobs with state licensing, use the licensing procedures as your guidelines. If the licensing agency allows the person to have a license with that particular conviction, you should most likely (consult with your attorney) not consider rejecting the candidate because of that conviction either.

When trying to decide how you want to shape your policy regarding convicted felons, consider the true nature of your business. Does your business require actual saints or are normal humans enough?

Disclaimer: Please note that the information provided, while authoritative, is not guaranteed for accuracy and legality. The site is read by a world-wide audience and employment laws and regulations vary from state to state and country to country. Please seek legal assistance, or assistance from State, Federal, or International governmental resources, to make certain your legal interpretation and decisions are correct for your location. This information is for guidance, ideas, and assistance.­­

30 employee handbook do’s and don’ts from the NLRB

To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.

It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”

Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.

The main area of concern

Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.

The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:

  • explicitly restrict protected concerted activity, and/or
  • could be construed to restrict protected Section 7 activity.

One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.

What to say, what not to say

Here are many of the dos and don’ts highlighted by the memorandum, separated by topic:

Rules regarding confidentiality

  • Illegal: “Do not discuss ‘customer or employee information’ outside of work, including ‘phone numbers [and] addresses.’” The NLRB said, in addition to the overbroad reference to “employee information,” the blanket ban on discussing employee contact info, without regard for how employees obtain that info, is facially illegal.
  • Illegal: “Never publish or disclose [the Employer’s] or another’s confidential or other proprietary information. Never publish or report on conversations that are meant to be private or internal to [the Employer].” The NLRB said a broad reference to “another’s” information, without clarification, would reasonably be interpreted to include other employees’ wages and other terms and conditions of employment.
  • Illegal: Prohibiting employees from “disclosing … details about the [Employer].” The NLRB said this is a broad restriction that failed to clarify that it doesn’t restrict Section 7 activity.
  • Legal: “No unauthorized disclosure of ‘business “secrets” or other confidential information.’”
  • Legal: “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [Employer] is cause for disciplinary action, including termination.”
  • Legal: “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”

The NLRB said the last three rules above were legal because: “1) they do not reference information regarding employees or employee terms and conditions of employment, 2) although they use the general term “confidential,” they do not define it in an overbroad manner, and 3) they do not otherwise contain language that would reasonably be construed to prohibit Section 7 communications.”

Rules regarding conduct toward the company and supervisors

  • Illegal: “Be respectful to the company, other employees, customers, partners, and competitors.”
  • Illegal: “Do ‘not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.’”
  • Illegal: “Be respectful of others and the Company.”
  • Illegal: “No defamatory, libelous, slanderous or discriminatory comments about [the Company], its customers and/or competitors, its employees or management.’”

The NLRB said the rules above were unlawfully overbroad because: “employees reasonably would construe them to ban protected criticism or protests regarding their supervisors, management, or the employer in general.”

  • Illegal: “Disrespectful conduct or insubordination, including, but not limited to, refusing to follow orders from a supervisor or a designated representative.”
  • Illegal: “‘Chronic resistance to proper work-related orders or discipline, even though not overt insubordination’ will result in discipline.”

The NLRB said the rules above, while banning “insubordination,” also ban “conduct that does not rise to the level of insubordination, which reasonably would be understood as including protected concerted activity.”

  • Illegal: “Refrain from any action that would harm persons or property or cause damage to the Company’s business or reputation.”
  • Illegal: “It is important that employees practice caution and discretion when posting content [on social media] that could affect [the Employer’s] business operation or reputation.”
  • Illegal: “Do not make ‘statements “that damage the company or the company’s reputation or that disrupt or damage the company’s business relationships.”‘”
  • Illegal: “Never engage in behavior that would undermine the reputation of [the Employer], your peers or yourself.”

The NLRB said the rules above “were unlawfully overbroad because they reasonably would be read to require employees to refrain from criticizing the employer in public.

  • Legal: “No ‘rudeness or unprofessional behavior toward a customer, or anyone in contact with’ the company.”
  • Legal: “Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of [company] business.”

The NLRB said the rules above are legal because they wouldn’t lead an employee to believe they restrict criticism of the company.

  • Legal: “Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers and vendors.” The NLRB says employees would reasonably understand that this states the employer’s legitimate expectation that employees work together in an atmosphere of civility.
  • Legal: “Each employee is expected to abide by Company policies and to cooperate fully in any investigation that the Company may undertake.” The NLRB said this rule is legal because “employees would reasonably interpret it to apply to employer investigations of workplace misconduct rather than investigations of unfair labor practices or preparations for arbitration.”
  • Legal: “‘Being insubordinate, threatening, intimidating, disrespectful or assaulting a manager/supervisor, coworker, customer or vendor will result in’ discipline.” The NLRB said: “Although a ban on being  disrespectful’ to management, by itself, would ordinarily be found to unlawfully chill Section 7 criticism of the employer, the term here is contained in a larger provision that is clearly focused on serious misconduct, like insubordination, threats, and assault. Viewed in that context, we concluded that employees would not reasonably believe this rule to ban protected criticism.”

Rules regarding conduct between employees

  • Illegal: “‘Don’t pick fights’ online.”
  • Illegal: “Do not make ‘insulting, embarrassing, hurtful or abusive comments about other company employees online,’ and ‘avoid the use of offensive, derogatory, or prejudicial comments.’”
  • Illegal: “Show proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory, such as politics and religion.”
  • Illegal: “Do not send ‘unwanted, offensive, or inappropriate’ e-mails.”

The NLRB said the rules above were unlawfully overbroad because employees would reasonably construe them to restrict protected discussions with their co-workers.

  • Legal: “[No] ‘Making inappropriate gestures, including visual staring.’”
  • Legal: “Any logos or graphics worn by employees ‘must not reflect any form of violent, discriminatory, abusive, offensive, demeaning, or otherwise unprofessional message.’”
  • Legal: “[No] ‘Threatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors.’”
  • Legal: “No ‘harassment of employees, patients or facility visitors.’”
  • Legal: “No ‘use of racial slurs, derogatory comments, or insults.’”

The NLRB said the rules above were legal because: “when an employer’s professionalism rule simply requires employees to be respectful to customers or competitors, or directs employees not to engage in unprofessional conduct, and does not mention the company or its management, employees would not reasonably believe that such a rule prohibits Section 7-protected criticism of the company.

7 ways to screw up the ADA process

The Americans with Disabilities Act (ADA) not only prohibits discrimination based on disability, but it also requires that employers provide workers with disabilities reasonable accommodations.

And while it’s not a per se requirement, the law favors an “interactive process” for determining whether an effective accommodation is available. An employer causing a breakdown in these informal discussions — or refusing to engage in it altogether — can serve as evidence of discrimination.

It’s not a terribly complicated idea, but many employers fall short in the execution. The interactive process is such an important step for employers and it’s totally in the employer’s control to get right or mess up. Here are seven common mistakes.

1. Uncertainty from the start

For employers, the hard part often is knowing when to kick off the process.

You rarely see an employee who knows about the ADA and asks for a reasonable accommodation. You need to start the process even if they haven’t used any magic words.

2. Resistance to the process

Often, supervisors don’t recognize an accommodation request or ignore the request. If an employee mentions some type of limitation or problem, the supervisor should err on the side of caution and move to talk to the employee.

Sometimes the supervisor just doesn’t like the employee and doesn’t want to help the employee. If the employee is not a top performer or a malingerer, the supervisor doesn’t want to engage; that’s when things go wrong.

We advise employers to bend over backwards to help somebody who is saying, ‘I need some help’ for something that might possibly be a disability, whether or not you like the person.

3. Inadequate training

Even if a supervisor harbors no ill will toward an employee, inadequate training can cause things to fall apart. Recognizing when someone has requested an accommodation is not always an easy thing to do, especially because there’s no bright-line event or statement that triggers the employer’s obligation to participate in the interactive process.

Often the request doesn’t come until, for example, there’s a performance management action that’s going on.” For example, an employee who is chronically late for work and starts receiving write-ups and warnings. Finally, the employee says, “I’m really having trouble getting out of bed in the morning.”

Has that triggered the need for an interactive process? You don’t want the front-line supervisor feeling like he needs to answer this question and it’s not realistic that every manager/supervisor will become an expert in the interactive process. But the supervisor should have enough training to know when it’s time to go to HR.

Training for front-line supervisors is crucial: Not on the entire ADA, however: focus on how to recognize when an employee is making an accommodation request.

4. Making it too complicated

When a request is made, employers should first look for a quick, simple and easy solution.  For example, if an employee has a couple of doctor’s appointments during the next few weeks and needs to come in a little late, let the person do it.

AZ HR Hub also advises documenting the following:

  1. What the person said when he or she came to the supervisor. (For example, “I’m getting headaches from the glare from my computer screen.”)
  2. That the supervisor said, “How can I help you?”
  3. The employee’s request. (“I need an anti-glare screen.”)
  4. That the employer has provided what was requested.
  5. That the supervisor didn’t ask anything medical. (Supervisors should stay out of medical details as much as possible.)
  6. That there was followup, but that it stayed away from medical details.

If there isn’t a quick fix, then the formal ADA process should started not by supervisors, but by HR or legal. But this all counts as the interactive process.

5. Sharing or requesting too much information

When implementing an accommodation, supervisors sometimes disclose medical information. Focus on disclosing only information that is need-to-know. For example, if an employee needs an accessible parking space, coworkers need to know only that this person has a specific space — not why.

Additionally, employers sometimes request or gather too much medical information. Employers need only enough to show (1) that there’s a disability, and (2) the employee needs an accommodation. Also, employers should not be getting periodic updates when the initial documentation states that the condition is not going to change.

6. Inadequate documentation

If you’re trying to determine whether an accommodation will work, good documentation and particularly a good and accurate job description is the key. It’s hard to convince a jury or agency that an essential function truly is an essential function if it’s not in the job description, or if other employees in the role weren’t performing it.

Document the whole thing from start to finish — either you did the process or you didn’t. If it won’t work, you can show you did all you could have done. If you are claiming undue hardship, you need to be able to articulate why you’ve met that standard.

On the communication side, one of the really useful tools is documentation. Written follow-up in both directions that confirms what the discussion has been.

Clarity is important, and getting things in writing adds to clarity.

7. Not trying hard enough

Often, employers cause a breakdown in the interactive process because they’re just not trying hard enough. Organizations don’t invest enough time looking for accommodation options and don’t document where/how they have looked. If there is no solution, the best thing is your documentation showing that you did explore accommodation options. Use JAN as needed — we are free, and an outside resource. A lot of times we can find an accommodation.

When you get into any of this, call AZ HR Hub. We can assist your company by taking the burden off your shoulders.

When ADA issues are intertwined with performance issues, employers should always consider how its actions will look to the employee — and to a jury a year from now. If there is a termination, all the cards are on the table. What was the motivation, and did the employer meet its duty?

The interactive process should be ended only after people have taken a hard look and decided there’s really nothing else to say about the matter. Don’t prematurely end the process. That’s what courts will look at: [whether there was] a thorough, fair effort to communicate and find an accommodation.

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