A supervisor forwards you a photo. An employee who called off this morning on approved intermittent FMLA leave for a back condition is, according to a coworker's social media feed, at a lake with a boat. The supervisor wants him fired today.
Maybe he should be. Or maybe his certification restricts lifting and prolonged standing at a press, not sitting in a boat, and firing him would hand him an interference claim. Suspected FMLA abuse is one of the few HR problems
You have finished the interviews. The complainant says her manager made the comment in a one-on-one meeting with the door closed. The manager says it never happened. Nobody else was in the room, there is no recording, and both of them looked you in the eye. Leadership wants to know what you found.
This is the point where many investigations stall, and where the weakest reports are written: "the allegation could not be substantiated because it was one person's word
Two documents prevent this: an HR investigation form for intake, completed when the complaint is received, and an investigation plan, written before the first interview. This article gives you both as templates, explains how to fill them in, and shows a completed example.
Why These Two Documents Matter
An employer is generally liable for coworker or third-party harassment if it knew or should have known about it and failed to take prompt and appropriate
The interviews are done, your notes run to forty pages, and now someone has to turn all of it into a document a vice president, an agency investigator, or a jury could read and follow. If you are looking for a sample investigation report or an HR investigation template, you are probably at that point.
This article gives you a template you can copy, explains what belongs in each section, and then shows a complete worked sample using a fictional
A complaint has arrived and it is yours to handle. Whether it is a harassment allegation, a suspected theft, or a claim that a manager retaliated against someone, the HR investigation process follows the same sequence: receive, protect, plan, gather, interview, weigh, decide, document, act, and follow up. Skipping a step is where most defensibility problems start.
This guide walks through how to conduct a workplace investigation in ten steps. Each step links to a
A cashier has been accused of threatening a coworker. A controller's expense reports do not add up. A supervisor is named in a harassment complaint by someone who reports to him. In each case you need the person out of the workplace today, before you know what happened. The next question comes from payroll: is this paid administrative leave pending investigation, or unpaid?
For most private employers the safest default is paid leave. This article explains why, when
The complainant wants to know when it will be over. The accused employee, sitting at home on leave, wants to know even more. The department head asks every morning. If you are asking how long does an HR investigation take, you probably have at least one of these people waiting for an answer.
For most private employers, no law sets a number of days. The legal standard is "prompt," and whether you met it is judged on the facts. This article explains what that
An employee stops by your office and says, "I don't want to file anything, I just want you to know my supervisor keeps commenting on my body." A manager forwards an anonymous note about someone padding expense reports. Two coworkers have not spoken in a month and one finally sends a long email about "a toxic environment."
Which of these needs an employee relations investigation, and which can be handled with a conversation?
No
Outside counsel has just told you she will sit in on tomorrow's interviews and "give the Upjohn warning" before each one. Or your general counsel has asked you to gather facts for him and to tell witnesses the conversation is privileged. Either way, you need to know what an Upjohn warning is, what it does to your investigation, and what it does not do.
The short version: the warning tells an employee that the lawyer
You have an interview scheduled for 2 p.m. with an employee accused of falsifying time records. Ten minutes in, she says, "I want my steward here." What you do in the next thirty seconds decides whether the interview is lawful. Weingarten rights are simple on paper, and most violations happen because a manager kept talking when the law required a pause.
This article explains who holds Weingarten rights today, what triggers them, what the representative can and
Most FMLA mistakes are process mistakes. A supervisor hears "my mother is in the hospital" and does not tell HR. An eligibility notice goes out on day nine. A certification comes back half blank and the leave is denied without a chance to fix it. None of these turns on a hard legal question. Each one is a step that was skipped.
This article sets out the FMLA requirements for employers in the order you meet them in a real case, from coverage to recordkeeping. Each
Job restructuring is expressly listed in the ADA as a form of reasonable accommodation. It means changing how, when, or in what order a job is performed, or reallocating parts of it — and its limits turn entirely on the distinction between essential and marginal functions.
Essential Versus Marginal Functions
An essential function is a fundamental duty of the position. A marginal function is peripheral — something the role includes but which
...Garnishment calculation errors are costly in both directions. Withhold too little and the employer can become liable for the shortfall; withhold too much and you have an unlawful deduction claim. The calculation itself is mechanical — the difficulty is knowing which rules apply to which order.
Step 1: Calculate Disposable Earnings
Garnishment limits apply to disposable earnings, not gross pay and not net pay as an employee understands it.
Disposable
...COBRA billing looks like an accounts-receivable task and is really a compliance task. The amount you may charge, when payment is due, what counts as timely, and how you handle a shortfall are all governed by rules — and getting any of them wrong turns a routine termination of coverage into a claim.
What You May Charge
Plans may generally charge qualified beneficiaries up to 102 percent of the applicable premium — the full cost of coverage plus a 2 percent
...An employer or plan can end COBRA coverage early, before the 18-, 29- or 36-month maximum, only for a reason the law allows. The reasons are: a premium is not paid in full within the grace period, the employer stops maintaining any group health plan, the qualified beneficiary becomes covered under another group health plan or entitled to Medicare after electing COBRA, a disability extension ends because Social Security finds the person is no longer disabled, or the beneficiary is terminated ...
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