Ask the Experts: Rules, Stress, & Remote Termination

On Sep 18, 2024

In the latest installment of New Jersey Business Magazine’s Ask the Experts column, HR professionals working with the New Jersey Business & Industry Association respond to executives’ inquiries on three interesting workplace issues:

Our previous HR director was lax about policy enforcement, particularly around tardiness and dress code. What’s the best way to start enforcing these policies consistently?

If possible, we recommend meeting with employees to inform them that, going forward, these policies will be uniformly enforced. If meetings aren’t a viable option, a company-wide announcement is the next best option. Regardless of how you initially communicate the change, you may want to provide a couple of reminders in the first few weeks after the change – old habits can be hard to break. Make sure you document when and how this change in policy enforcement is communicated to employees.

If appropriate for your workforce, you could couple the new enforcement with fun incentives for employees and teams that arrive to work on time or otherwise successfully follow your policies. Company-provided lunches, for example, are a popular reward and likely to motivate punctuality and appropriate attire.

If employees continue to be late or dress inappropriately, you can and should discipline them in accordance with your policy. But do keep in mind that with dress codes and attendance policies, you may need to provide reasonable accommodations when required by law.

An employee says that the stress of the job is affecting their mental health. How should we handle this?

This employee may just need to talk through their concerns and get your help prioritizing or delegating. They may, for example, feel like every single thing on their to-do list is life-or-death by Friday at close of business, when that’s not really the case. Some manager guidance can go a long way, especially for your employees who are usually self-directed.

On the other hand, the stress and mental health effects the employee describes may rise to the level of a disability under the Americans with Disabilities Act (ADA). In this case, we would recommend beginning the interactive process to determine what, if anything, can be done to accommodate them so that the essential functions of the job get done to your standards.

If you have more general concerns about the effects of stress in your workplace, you might consider ways to help your employees reduce and manage their stress. Tried and true methods include offering health benefits so employees can access healthcare professionals and paid time off so they can take a day here and there to rest and recharge.

Is there anything different we should do when terminating a remote employee?

For the most part, no. Your termination process should look much the same. However, there are a few extra steps you may need to consider:

• If your employee is in a different state, follow the notice and other termination requirements for that location. For example, if your company is in Michigan, but the employee works in California, California law will apply.
• Consider the employee’s time zone when scheduling the meeting.
• Plan how you’ll get back any company equipment the employee has in their possession (if they’ll need to ship things back to you, have them do it during work hours on their last day, or if that’s not possible, add the time it will take into their final paycheck).
• Have all termination paperwork ready to email or mail. 

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