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Question: When is an employer’s action considered to be retaliation?    Answer: Retaliation remains one of the most common employment claims across the U.S. One of the biggest risks for employers is not what action is taken, but when it is taken. Courts and agencies often look at the timing between an employee’s protected activity, such

Question: One of our employees cut their hand on the edge of a broken filing cabinet at work. We asked if they wanted medical treatment, but they declined. Should we still have them fill out an accident report?    Answered by the HR Experts: Advice provided by Mineral. This Q&A does not constitute legal advice and

Question: We have an employee out due to a work-related injury. Do we still need to send them Family and Medical Leave Act (FMLA) paperwork if they’re already on workers’ compensation?    Answered by the HR Experts: It depends. The FMLA and workers’ compensation serve different purposes. The FMLA provides unpaid job-protected leave, while workers’ compensation

Question: We usually don’t mind employees chit-chatting while they work, but some recent politics-related conversations have gotten rather loud and heated. Can we tell employees not to discuss politics at work?    Answer: You can limit political speech and associated conduct that are not work-related—provided you don’t infringe on protected Section 7 rights or applicable state

Question: How should employee files be organized?   Answer: We recommend having five separate files for each employee, as outlined below:  These files should be kept in a secure location that is only accessible to those in the HR function or with a legitimate need to review the information—for instance, in locked cabinets inside a locked

Question: Are cost-of-living raises mandatory?    Answer: Some state minimum wage adjustments are tied to the consumer price index, but otherwise, cost-of-living raises are not required by state or federal law. You just need to make sure you’re paying any applicable state and municipal minimum wages. That said, if the cost of living has increased in

Question: An employee requested an unpaid leave of absence to complete their last semester of college. Do we have to approve it? If we don’t but still want to, what should we consider before approving the employee’s request?   Answer: A leave of absence for educational purposes isn’t covered by the Family and Medical Leave Act,

Question: Who should be responsible for delivering disciplinary action in response to performance or attendance issues?  Answer: In general, disciplinary actions should be delivered by the employee’s manager. It’s the manager’s job to define what success looks like in the role, set performance and attendance expectations, monitor the employee’s work, offer guidance, coaching, and feedback,

Question: Can we have a mandatory retirement age? Answer: With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for

Question: If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period? Answer: Generally, yes, you can let an employee go that same day unless there is a contract or agreement to the contrary. While you aren’t required to retain an employee or