Q: A candidate told us they have a disability. What do we need to do?

A: We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t. influence your hiring decision. The Americans with Disabilities Act (ADA) requires employers to provide accommodations to applicants with disabilities if needed to be considered for a job unless the accommodation causes an undue hardship. If the applicant doesn’t need an accommodation, simply continue to focus on the candidate’ skills and abilities relative to the position you are hiring for.

This Q & A does not constitute legal advice and does not address state or local law.

SOURCE

Mineral—HR and Compliance Services

If you interested in additional information, please see ada.gov

Q: What is the difference between a furlough and a layoff?

A: During a difficult economic period, both a furlough and a layoff are different methods an employer may use to reduce costs.

Furlough:

• The employee continues working, but the working hours are cut.
• The employee may be told to used earned paid time off during this time.
• When furloughed, the employee expects to return to work at the end of this period.

Layoff:

• This means ending the employer-employee relationship.
• Most layoffs are permanent; this method should not be used as a temporary measure.
• Employers should not want to give an employee hope of a possible return to work, especially if that is not possible.

Regardless, employers should provide certain notices of the change in employment, and a continuation of certain benefits. Individuals who face either situation may be eligible to receive unemployment insurance benefits.

SOURCE

Source: vxtra Powered by Mineral

Q: Can we store completed I-9 Forms electronically?

A: The simple answer is “yes.” However, there are more rules you need to know. These rules come from the U. S. Citizenship and Immigration Services. Please familiarize yourself with the following:

• Only people who have permission to see the forms are allowed to see them.
• You have to be able to recover the files if the information goes missing.
• If there are changes to a file, there should be a permanent record when a person makes any changes. This record must include who changed the file, when the person changed the file, and what information was changed.
• You must schedule times to check and see that your system is working to protect the information in the file.
• There must be an index (alphabetical listing) which allows people to see and find a file in the system.
• There must be a way to copy a file, and it must be clear enough to read.

SOURCE

Mineral.com

Answer:  From the HR Experts

Employee training will be different in each business, but there are training programs all employers should provide for their employees.

• Harassment Prevention

• • The objectives of this type of training should include:
    • What is harassment?
    • How do we avoid it?
    • What is inappropriate or illegal behavior?
    • How do we report this type of behavior?

Know your local and state laws. Harassment prevention training is required in certain cities and states.

Harassment prevention training requirements vary by state, with many states mandating such training for certain employers. Currently, states like California, Connecticut, Delaware, Illinois, Maine, New York, and Washington have specific laws requiring harassment prevention training for employees. Additionally, several other states have introduced or are considering similar legislation to address workplace harassment and promote a safe and respectful work environment. It is essential for employers to stay informed about the legal requirements in their jurisdiction and ensure compliance with applicable laws and regulations. For more information click here to learn more.

• Workplace Safety Training covers the following:

• • Emphasizing the  importance of a safe working environment
  • Teaching about how to maintain a safe environment

• Describing what to do if an emergency happens

• Cyber-security Training Includes:

• • Instructions on how to protect company data from cyber threats
  • How to use strong passwords

• How to recognize phishing emails (Phishing emails are often delivered by email span and try to trick you into giving away sensitive information such as your name, age, social security number, or login credentials.)

• • What to do in the event of a security break

• It is recommended that this type of training be offered on a regular basis as threats to your security can change.

• Job-specific Training Involves:

• • Making certain that each employee has the necessary skills and knowledge to perform their job safely and effectively.

• Personal and Professional Development Programs:

• • Focus on improving skills
  • Facilitate career advancement
  • Prepare employees for future job openings and different roles in the company

• Leadership and Management Training:(very important for those going into a leadership role)

• • Training covers skills such as:
    • Coaching
    • Effective communicating
    • Making decisions
    • Managing employees’ performance
    • Matching individual and team goals
    • Assigning responsibilities

This Q&A does not constitute legal advice and does not address state or local law.

Answer:

• First of all, you need to ask these three questions.
o “What is the seriousness of the discrepancy?”
o “Is the information to related to the job itself?”
o Would this discrepancy make the candidate ineligible for the job?”

• Examples:
o If a candidate states he started a job in April and your background check said he started the job in May, this discrepancy would be a minor incident and would not make a candidate necessarily ineligible for a position.
o If a candidate states he has a college degree and does not, this calls for further review.
o If a candidate states he has no criminal history but the background check says otherwise, again this warrants further review.

• If you see a discrepancy, give the candidate an opportunity to explain.
o If satisfied with the explanation and everything else is fine, you can proceed.

• If it turns out the candidate isn’t qualified for the job, wouldn’t be permitted to hold the position, or deliberately lied, you can withdraw the offer of employment.
o If you end up withdrawing the offer, you will need to follow the requirements of the Fair Credit Reporting Act (FCRA) and any other applicable state or local law regarding background check report you used.
o You must also provide a notice called A Summary of Your Rights Under the Fair Credit Reporting Act.

• Applicants, candidates, and employees have a legal right to dispute incomplete or inaccurate information.

Discrepancy Hiring Process

Answer:

Investigating a claim of harassment can be difficult, but we have a great resource for you on Identifying and Preventing Workplace Harassment. The following is a condensed summary of the steps required for an investigation.

• Select an interviewer

1. This person should be an objective manager, company officer, or HR representative.
2. Ideally, this person has completed training on conducting a harassment investigation.
3. He/she should approach the process with a pledge to being fair and thorough.
4. The investigation should be conducted as quickly as possible after receiving the request.

• Conduct interviews and gather evidence

1. Speak with the employee who made the complaint (if known), the accused employee, and any witnesses named in the report. 2. The questions asked during the interviews should not lead an interviewee toward a particular response and should not be accusatory in nature.
3. The questions should be unbiased, open-ended, and prepared in advance.
4. Don’t be afraid to ask follow-up questions.
5. Include any documents, emails, photographs, videos, etc., that might exist and assist you in coming to a fair conclusion in your investigation.

• Make a decision/Take action

1. Once the interviews are complete and all evidence is gathered, decide what the outcome is and document the conclusions and actions taken.
2. If the company determines that the accused employee violated the harassment or other workplace policy, take appropriate disciplinary measures.
3. What qualifies as appropriate will depend on the severity of behavior.
4. A summary of the findings should be placed in the accused employee’s file.
5. The accused employee should be reminded that any retaliation against their accuser is unacceptable.

• Inform the employee who made the complaint

1. Alert the complaining employee—and others with a true need-to-know—about the conclusions reached in your investigation.
2. While you don’t need to share the specific disciplinary action taken (if any), the complaining employee should be assured that you took appropriate steps to address the current situation and prevent future harassment.
3. Remind this employee that retaliation will not be tolerated and that they should let you know if they feel they’re experiencing any backlash because of their complaint.

This Q&A does not constitute legal advice and does not address state or local law.
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Disclaimer
This content is owned and provided by Mineral, Inc. “AS IS,” and is intended for informational purposes only. It does not constitute legal, accounting, or tax advice, nor does it create an attorney-client relationship. Because laws are constantly changing, we do not represent or warranty that the content is comprehensive of all applicable laws and regulations, and/or accurate as of the date of use. You are solely responsible for complying with all applicable laws and regulations. Mineral expressly disclaims any liability associated with your use of the content, and/or your noncompliance with applicable laws and regulations.

Steps Harrassment Investigation

Answer:

High turnover can quickly become costly. We recommend the following practices to increase retention:

• Pick the right people in the first place.
•  Put thought and care into your recruitment and interview procedures.
•  The more time you and other employees can spend with candidates, the more certain you’ll be that they believe in your mission. Candidates should understand the challenges of the position and want to contribute

• Make sure your compensation and benefits remain competitive.
•  While this may squeeze your bottom line and make you uncomfortable, it’s necessary if retention is a top priority
•  Make it a goal to do a yearly analysis of your total compensation package to make sure it is keeping up with the market.
•  Many employers who know they can’t offer competitive pay instead offer other compelling benefits, like generous paid time off and the ability to work from home.

• Provide your employees with opportunities for professional growth.
•  Talk to them about their career goals
•  Develop and share career paths for their roles
•  Offer training and educational programs for interested employees

• Be appreciative.
•  A little gratitude can go a long way
•  Show your appreciation in multiple ways
•  Flexibility when employees need it
•  A willingness to hear out ideas about employee appreciation programs
•  Even a simple thank you

• Investigate why people are leaving and look for themes.
•  Engagement surveys, stay interviews, and exit interviews are useful tools for gauging employee satisfaction and understanding common pain points and frustrations.

• Create an environment people enjoy
•  Healthy boundaries between work and personal time
•  Root out any bias, discrimination, or toxic behaviors
•  Facilitates opportunities for employees to socialize and form friendships

This Q&A does not constitute legal advice and does not address state or local law.

Source: mineral.com

Employee Retainment