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Dear David: Can You Send an Employee Home Early 

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

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Dear David: Protection from Retaliation Claims 

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

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Dear David: Talking Politics at Work

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

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Dear David: Work-Related Injury & FMLA

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

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Dear David: Injuries in the Workplace

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

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Dear David: What to Include in a Job Description

Question: What should we include in a job description? Answer: Accurate and carefully crafted job descriptions are essential for attracting and keeping new employees, setting clear performance expectations, and serving as a critical line of defense in many types of employment litigation.  Effective job descriptions include:  Advice provided by Mineral. This Q&A does not constitute

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Dear David: Fostering Employee Feedback

Question: How can we help our employees feel more comfortable providing feedback about their managers? Answer: Employees are often uncomfortable providing feedback about their managers because they fear workplace tension or retaliation, they aren’t sure what to say, or they don’t believe anything will change. The following practices can help address these concerns:  Advice provided

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Paper with "I Quit" written on it.

Dear David: Staying Compliant When a New Hire Quits

Question: A newly hired employee quit after their first day. To keep things simple, can we just pay them as an independent contractor? Answer: No, that approach is not compliant with regulations. The IRS, the U.S. Department of Labor, and state agencies have specific criteria for determining who is an employee and who is an

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Dear David: Reducing Employee Turnover

Question: What can we do to reduce turnover and retain employees? Answer: High turnover can quickly become costly. We recommend the following practices to increase retention:  Advice provided by Mineral. This Q&A does not constitute legal advice and does not address state or local law.  David KatzVice PresidentVMA Insurance Services To send your questions, write to

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Dear David: Employee Not Meeting Expectations

Question: We have a longtime employee who’s no longer meeting expectations. The owner is afraid to hold them accountable because they’re over 40 and therefore in a protected class. What can we do? Answer: In general, you shouldn’t let an employee’s protected class status deter you from holding them accountable to your performance expectations. After all,

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