Employee Relations
What the exam tests
Employee relations covers engagement, retention, discipline, investigations, harassment, retaliation, and the interplay of FMLA, ADA, and at-will employment. The exam rewards consistent, documented, nonretaliatory handling of people issues.
Progressive discipline typically moves from coaching to written warning to final warning to termination, but severe misconduct can justify immediate action. Documentation should state facts, dates, expectations, and consequences, not opinions or diagnoses. At-will employment allows either party to end the relationship, but it does not permit termination for illegal reasons, such as discrimination, retaliation, or protected activity.
Harassment complaints require a prompt, impartial, and documented investigation, interim protective measures as needed, and follow-up. Retaliation can be a separate claim even when the underlying complaint is not substantiated, so treat complainants and witnesses carefully.
ADA requires an interactive process to identify reasonable accommodations. FMLA eligibility generally requires 12 months of employment and 1,250 hours in the prior 12 months. Keep medical information confidential and separate from the personnel file.
Worked example: An employee reports harassment and is later reassigned to a less desirable shift. Even if the harassment claim is unsubstantiated, the reassignment may support a retaliation claim if it is adverse and linked to the complaint.
Rule of thumb: Document contemporaneously, apply rules consistently, and never retaliate. If the response to a complaint would deter a reasonable person from complaining, stop and reassess.