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The In-House Advisor Published by Shepard Davidson & Renee Inomata

Category Archives: Discipline & Performance Management

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3 Practical Challenges for Employers Created by Legalized Marijuana

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discipline & Performance Management, Hiring, Supervisor Training

When Massachusetts voters legalized the use of marijuana for medicinal purposes four years ago, the impact on most employers was limited to clarifying that “legal” marijuana use was still generally prohibited in the workplace. Now, Massachusetts has legalized limited use of recreational marijuana. Although the recreational marijuana use law also provides that employers may prohibit… Continue Reading

Give Employees a Chance to Explain Before Terminating Them

Posted in Contracts, Discipline & Performance Management, Hiring, Pre-Litigation Considerations

As regular readers of this blog know, a day that is scheduled to be filled with relatively routine and non-controversial matters can get turned upside and require immediate action without any advance notice. One such situation occurs when information comes to light that an employee is unfit to continue in his or her current position… Continue Reading

Providing Temporary Accommodations for Employee Disability

Posted in Compliance, Policies & Notices, Disability, Medical Leave & Reasonable Accommodations, Discipline & Performance Management, Discrimination

It’s never easy to navigate the legal requirements when an employee has a medical condition or  disability.  One of the many complications is providing a “reasonable accommodation,” a process that often requires significant time and careful consideration of how and what medical information can be obtained and scrutinized.  In providing accommodations, some employers hesitate to… Continue Reading

Employment Termination Best Practices, Part Two: Exit Interviews and Post-Termination Activities

Posted in Discipline & Performance Management, Miscellaneous Employment, Separations, Layoffs & Terminations

In my previous post, I shared three best practices for preparing for a potential employee termination.  Here are two additional steps to consider in the termination process: 1. Prepare for possible exit interview scenarios. Terminations are never easy and often become very personal.  In most situations, the key is to conduct the termination meeting as respectfully… Continue Reading

Employment Termination Best Practices, Part One: Preparing for the Termination

Posted in Discipline & Performance Management, Miscellaneous Employment, Separations, Layoffs & Terminations

Employment attorneys and in-house counsel are used to the 4 p.m. phone call informing them that an employee must be terminated “today,” followed by a request for a separation agreement or advice on how to handle the termination.  More often than not, after asking a few questions we discover that, perhaps, the termination should be… Continue Reading

How to Deal With the New Massachusetts Transgender Law

Posted in Compliance, Policies & Notices, Discipline & Performance Management, Discrimination, Harassment, Hiring, Supervisor Training

With the new year, Massachusetts employers must add “gender identity” to the list of classes entitled to protection from employment discrimination and retaliation.   What was touted as the “transgender rights” law in Massachusetts is, in fact, a “gender identity” law.  The Massachusetts transgender rights law defines “gender identity” as: [A] person’s gender-related identity, appearance or… Continue Reading