Human Resource Blog

There are two ways to address this issue: you can prohibit the selling outright, or you can address it as a performance issue.

Most companies have a policy that would prevent an employee from conducting another business on company time or property. Selling Avon (or Tupperware, or vitamins, or anything else) on your premises would violate this policy. If you do not have such a rule, you may want to introduce one. You should then inform the employee that what she is doing violates company policy. If she continues, you can issue written reprimands and eventually fire her.

Be aware, however, that a policy against selling items at work would also prohibit parents from bringing items form their childrens school to sell, such as Girl Scout cookies, candy, wrapping paper, magazines, etc. Such fundraisers are very popular. If you wish to allow them, you can ban for-profit selling but permit sales that benefit a charity. (You may want to ban all sales. Coworkers can feel pressured to buy unwanted items, especially when it is the boss who sells them.  Just be aware that if you implement this policy, you will be viewed as a Grinch.)

You could also ignore the selling, and simply focus on the performance issue. If you choose this route, the Avon lady could leave the booklet in the break room, for coworkers to look through when they are off the clock. However, any employee (vendor or customer) who engaged in this activity while on the clock would be disciplined. This tactic seems more fair to many employees, but requires constant vigilance by the employer.

No. The Americans with Disabilities Act or ADA does not contain any provision for time off to care for a family member who is disabled. The ADA has a number of provisions, including requiring that public buildings be handicapped accessible.

The portions of the ADA that apply to employment require that an employer make reasonable accommodations for a worker with a disability. There is no requirement that the employer make accommodations for an employee who has a family member with a disability. Suppose employee Marsha is sight impaired. Under ADA, the employer may be responsible for providing special computer software to help Marsha do her job. The employer might also be required to give Marsha time off to go to medical appointments for her eyesight. Now suppose that employee Ted has a disabled son who uses a wheelchair. The employer is not required to give Ted time off under ADA to care for his handicapped son, or to take the son to doctors appointments. Ted is not disabled, so the ADA does not apply to him.

In some cases, an employee may be entitled to up to 12 weeks of unpaid leave under FMLA, the Family and Medical Leave Act, to care for a family member with a serious health condition. Several states also have family leave laws that would permit an employee to take time off.

This is a business decision rather than a matter of employment law. There is no federal or state requirement that an employer have all the personnel files consolidated in one location. However, as a company you are still liable for any violations of state or federal law, even if you are not privy to the files at a certain location.

For example, if one branch manager files a doctors note or other medical information in an employees personnel file, the entire company is in violation of ADA. You cannot plead ignorance on this issue — you are responsible for this, even if you were unaware of it. 

Some companies would keep all personnel files and HR functions at the corporate office, and expand the HR department there. Others would permit at least some autonomy at each branch regarding HR matters, and allow those branches to keep their own personnel files. In that case, you may need to train branch managers or have at least one HR person at each location.  

Most companies follow a middle-of-the-road procedure. They allow managers at branches to handle many HR issues, and to maintain personnel files. However, copies of critical documents such as I-9 forms and supporting documents, written reprimands, salary information, and performance evaluations are faxed or sent to the home office, to be kept in a set of personnel files there. This creates a series of checks and balances where, for example, a branch manager cannot create liability for the employer by knowingly hiring undocumented workers. 

Also be aware that Texas, Georgia, Florida, Oklahoma and Kentucky each have employment laws that are different from the Ohio employment laws. Someone within your organization needs to be familiar with the HR laws in each of those states.  

It sounds like you are the employer at a medical practice or other healthcare facility, and an employee is making unauthorized use of records. This would be a huge liability for the employer, and we do not recommend that you permit this employee to take patients medical records home with her. This is especially true if the records have the patients name or other identifying information on them.

Under federal law, HIPAA, the Health Insurance Portability and Accountability Act, prohibits a healthcare provider from releasing any medical information about any patient at any time, without the patients written permission. So if the employees spouse could see the records, or if they were even left in the backseat of a car where a passerby could read the patients name, that would be a major HIPAA violation.

This is also an indication that poor records controls are in place. No employee should have access to patient records without monitoring, so that she can just walk out the door with them, without anyone noticing.

By the same token, this is an ethical violation. Patient records are confidential, and should not be out of the office. Besides the violation of privacy, there is a risk that the employee would accidentally lose records, which could result in a malpractice suit.

If the employee wants to get caught up on filing over the weekend, the appropriate place to do so is in the office.  

Motivation is always an issue, whether the employee works in the office or telecommutes. However, there are special problems when the employee is in a remote location away from supervisors and coworkers. Frankly, this is partly because there is no one to notice if the employee is not working.

Generally you would use the same tactics that you use with on-site employees: rewards and punishments. Set up a system where the employee is rewarded for completing work quidkly, and address any performance issues promptly. Set frequent small goals or milestones, rather than one huge one. Discuss progress often, and praise the employee for finishing on time. Ask for the employees suggestions on how things can be done more efficiently.

You can also use technology to capture screenshots, monitoring the amount of time the employee spends working at her computer, on your projects. Many employers find software or sites like oDesk are helpful.

We should also note that employees must meet you halfway with motivation. Some employees will never be motivated to perform a certain job, despite your best efforts.