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Top 50 Employment Law Questions Answered By Janet E. Humphrey, Esq. WAGE, HOUR, AND BENEFIT ISSUES 1. Can Deductions Be Made From An Exempt Employee's Salary Paycheck? An exempt employee is an employee who is not subject to IWC Wage Orders concerning overtime, minimum wage, meal and rest periods, among others. Similarly, federal overtime and minimum wage provisions do not apply. As a general rule, an exempt employee must be paid full salary for any work week in which he performs any work at all. Furthermore, deductions are not permitted for variations in quality or quantity of work performed. Deductions may not be made for time when work is not available if the employee is ready, willing and able to work. In addition, deductions for disciplinary reasons are not permitted under California law. Deductions from salary may not be made for absences caused by jury duty, attendance as a witness, or temporary military leave. However, employers may make deductions for salary or paid benefits such as paid vacation or leave for hours taken as intermittent or reduce family leave without affecting the exempt status of employee. Furthermore, deduction may be imposed when the employee absences himself from work for a day or more for personal reasons (i.e., vacation), other than sickness, accident or disability. Deductions may also be made for absences of one day or more caused by sickness, accident or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary for sickness, accident or disability. 2. How Is Overtime Calculated For Non-Exempt Employees? For most non-exempt, private sector employees who are not covered by collective bargaining agreements, overtime is based both on the number of hours worked in a work day and the number of house worked in a work week. Employer must pay time and a half of the employee's regular rate of pay for all hours worked beyond eight hours worked in a single work day. Thereafter, an employer must pay twice the employee's regular rate of pay for all hours worked beyond twelve hours in a single work day. Furthermore, an employer must pay one and a half times the employee's regular rate of pay for the first eight hours worked on the seventh consecutive day worked in a single work week. An employer must pay two times the employee's regular rate of pay beyond eighteen (18) hours worked on the seventh consecutive day worked in a single work week. An employer must also pay one and a half times the employee's regular rate of pay for all hours worked beyond forty hours straight time in a work week. Only hours worked at straight time apply to the weekly forty hour limit. This prevents pyramiding of overtime where an employee earns overtime on top of overtime already paid. Once an employee has been paid overtime for hours worked over eight in a day, those overtime hours are not counted toward the weekly forty hour limit. 3. If An Employee Works Overtime Without Authorization, Must He/She Be Paid? An employee must be paid for all hours worked that the employer either knows or has reason to know were worked. That means that employees must be paid for overtime even if the extra work was not approved.However, an employer may discipline an employee to the extent he/she has worked overtime without having obtained permission in violation of company policy. 4. What Is Make-Up Time? Make-up time allows employees to request time off for personal obligations and make up the time without the employer having to pay overtime. Employers are not obligated to offer this option but if they do, they must comply with the following requirements: (a) an employee may work no more than eleven hours on another day and no more than forty hours in a work week to make up the time off; (b) the time must be made up within the same work week; (c) the employee must provide a signed written request to the employer for each occasion that make up time is desired (exception: if the request for make up is for personal obligation that will reoccur at a fixed time over successive weeks and the request may be made up to four weeks in advanced as long as the make up work is performed in the same week work time was lost) and (d) the employer is prohibited from encouraging or otherwise soliciting an employee to request the employer's approval for make up time. 5. When Is The Final Paycheck Due And What Needs To Be Paid? All wages
and accrued vacation time earned but unpaid are due and payable immediately
when an employee is terminated. Importantly,
all accrued but unused vacation pay must be paid out at the time of termination
at the final rate of pay even if the employee is not yet eligible to take the
vacation time. Sick leave does not need to be paid out upon termination of an
employment relationship. TERMINATION AND DISCIPLINE 6. How Long Does An Employer Have To Keep Personnel Records? Generally an employer must keep the bulk of the employee's personnel file and other records for the duration of employment plus four years, with the exception of the following, which must be retained for a longer period of time: (1) pension and welfare plan information (six years); (2) first aide records of job injuries causing loss of work time (five years); and (3) safety and toxic chemical exposure records including material safety data sheets ("MSDS") (thirty years). 7. If An Employee Gives Notice, Can An Employer Fire Them Without Paying Them Any Additional Wages? An employer can fire an employee who gives notice that they are quitting and is not required to pay the employee for the period of notice unless the company has a policy requiring a certain period of notice. 8. What Information Should An Employer Provide When Asked For An Employment Reference Regarding A Former Employee? An employer should communicate the position held and length of service only. If an employer wishes to provide additional information about job performance or qualification, it takes the risk that an employee may sue the employer for defamation or other claims if the reference is negative. Employers may lessen exposure by obtaining a written waiver from the employee prior to releasing the information to a potential future employer. 9. Must An Employer Provide Written Termination Notice? Employers must given written notice to an employee of a change in the employment relationship, including discharge, layoff, leave of absence, and change in status from employee to independent contractor. The notice must be given to the employee and a copy retained in the employer's record. It would also be helpful to have the employee sign an acknowledge and receipt form, although this is not required by law. 10. What Deductions Are Permissible On An Employee's Final Paycheck? Almost nothing. Employers are prohibited from taking deductions for unreturned company property such as tools and uniforms without showing a theft, even where the employee has signed an agreement authorizing the deduction. An employer may seek recourse in small claims court if the employee refuses to return property. Furthermore, if the employer has loaned money to an employee, the employer may not deduct the balance of any loan amount from the final paycheck unless there is a written agreement whereby the employee has authorized deductions from his/her wages and provides that the balance may be deducted from the final paycheck. HARASSMENT AND DISCRIMINATION 11. Can An Employer Fire An Employee Who Is On Worker's Compensation Leave? An employer may not discharge, threaten or discriminate in any way against an employee because he/she has received an award from or intends to file a worker's compensation claim. If the employer does so, it is subject to penalties up to $10,000 and may also be required to reinstate the employee and reimbursement him for his lost wages and benefits. An employer can, however, terminate an employee if the reasons are unrelated to the worker's compensation claim. 12. Does An Employer Have An Affirmative Obligation To Inform Employees Of Sexual Harassment? Yes. Employers are required to post a state DFEH poster, which includes information about sexual harassment, in the work place. In addition, employers are required to prepare and distribute an information sheet on sexual harassment to all employees. It is also advisable for an employer to provide training and undertake steps to insure that the sexual harassment policy is being enforced. 13. What Should An Employer Do If An Employee Makes A Sexual Harassment Complaint? An employer must immediately conduct a sexual harassment investigation that includes interviews of the alleged victim, the alleged harasser, any witnesses, or any person who may have relevant information. It is also very important that the investigator is properly trained in sexual harassment. After the investigation is completed, the determination should be communicated to both the alleged victim and the alleged harasser. If sexual harassment is found, a prompt and effective remedy should be provided and disciplinary action should be taken if appropriate. The employer must take every step to insure that no further harassment occurs and that no retaliation takes place against the alleged victim or any other person who participated in the investigation. 14. Who Is Liable For Sexual Harassment? Employers are liable for sexual harassment between co-workers, unless the employer takes immediate and appropriate corrective action when they know or should have known of the harassment. Under some circumstances an employer may be strictly liable for sexual harassment by a supervisor toward a subordinate regardless of any corrective action taken by the employer. Both supervisors and co-workers may be held personally liable for sexual harassment. 15. Is An Employer Liable For Sexual Harassment By A Non-Employee? If an employer knows or has reason to know of the conduct, then the employer is liable for sexual harassment of its employee regardless of whether the harasser is employed by the company. This means, for example, that an employer must confront a customer, client, or other non-employee and ask that the harassing conduct cease. EMPLOYEE HANDBOOKS AND POSTERS 16. What
Employment Posters Must Be Posted? 17. Where Should Posters Be Posted? The posters must be put up anywhere where they can be read by employees, such as a break room, common hallway, restroom, etc. Placing employee posters in a binder does not meet the requirements. Furthermore, employers cannot layer posters. Failure to comply with posting requirements can result in fines imposed by governing agencies and could constituted a misdemeanor punishable by imprisonment. 18. Must An Employer Have An Employee Handbook? The law does not require an employer to have an employee handbook, although it is recommended for most employers. It tells employees what they may expect of their employer and what the employer expects from the employee. An employee handbook can help avoid problems arising from ignorance of the rules, inconsistent application of the rules, and the resulting morale problems that will undoubtedly arise. Even if an employer does not decide to have an employee handbook, it should still adopt some policies aimed at eliminating sexual harassment and also policies reinforcing the at-will relationship. 19. What If An Employee Refuses To Sign An Acknowledgment For The Employee Handbook Or For A Change In Policy? A new employee handbook or policy will apply to an employee regardless of whether or not they sign for it. If an employee refuses to sign the acknowledgement form, the employer should simply insure that the employee has received the new handbook or policy and tell them that it applies to them. The new policies will apply to the employee so long as he/she continues to work for the company. 20. Can An Employer Require An Employee To Sign An Arbitration Agreement As A Condition Of Employment? The California Supreme Court held that mandatory arbitration agreements are enforceable as a condition of employment when properly drafted. The Ninth Circuit Court of Appeal has adopted similar standards and the United States Supreme Court has held such agreements to arbitrate are enforceable. Please contact your counsel to ensure any arbitration agreements are properly drafted. LEAVE OF ABSENCES 21. Are Employers Required To Provide Holiday Leave For Employees? An employer is not required to provide offer employees time off for holidays or to pay them for holidays granted. However, an employer must accommodate an employee's request for time off for a religious holiday, unless it would cause undue hardship to the employer. Difficulties in paying employees for a holiday can arise under certain circumstances. For example, should an employee be paid overtime if he/she has to work on a holiday that everybody has off as a paid holiday? No special overtime pay requirements apply on holidays. That is because overtime is always based on hours actually worked, not hours paid. Hours paid for vacation, holidays, sick days, etc. are not actually worked by the employee and therefore are not considered for calculating overtime. The policy of giving a paid day off will be construed by the courts as a contract to do so, the employer must make up the lost benefit to the employee in some manner. The normal procedure is to grant another day off or pay holiday pay plus all hours worked on the day designated as a holiday. 22. Are Employers Required To Provide Paid Vacations? The employer has no obligation to provide paid vacations for its employees. However, if an employer does provide for paid vacations, there are several rules that need to be followed. First, "use it or loose it" policies in which employees loose earned vacation that is not taken by a specified time is prohibited in California. However, an employer can place reasonable caps on vacation time or may cash out vacation benefits at the end of the year if vacation time is not used. It is important for employers to pay all unused vacation time at the time of termination of the employment relationship, at the final rate of pay. This is true even if the employee was not yet eligible to take the vacation time. This can arise if an employee accrues vacation at the commencement of employment but is not permitted to take the vacation time until after a probationary period. 23. How Much Leave Can A Pregnant Employee Take? An employee who is pregnant is entitled to up to four months of pregnancy disability leave ("PDL") if she works for an employer with five or more employees. The time is generally unpaid and can be taken whenever a woman's doctor certifies that she is disabled during the pregnancy or after delivery. The time often is taken all at once during the few weeks before and after delivery, but can be taken at anytime throughout and after the pregnancy. 24. Does An Employer Have To Continue Benefits While An Employee Is On Medical Or Family Leave? An employer must continue all group health benefits as if the employee is actively employed. This includes medical, dental, vision, mental health and other coverage and coverage for dependents. However, if an employee does not recover from leave, the employer may recover premiums paid during the leave under certain conditions. 25. Does An Employer Have To Give An Employee A Personal Leave Of Absence? No. Employers are not required to provide time off for employees wishing to take personal leaves of absence. However, if an employee requests a personal leave, the employer should always inquire further about the reason in order to determine if the employee would qualify for leave under the family medical leave laws, worker's compensation laws, or Americans With Disability Act 26. Which Employers Are Covered By Family Leave Laws? Family leave laws cover employers of fifty or more employees and all public agencies. Employers of fifty or more employees are covered even if the employees are at multiple locations with less than fifty employees at each location. 27. Can An Employee Take Twelve Weeks Of Family Leave In Shorter Increments? An employee may take all twelve weeks of family medical leave at once or take the leave in shorter increments of hours, days, or weeks. Family leave may also be used to create a reduced work schedule where the employee works fewer hours per day and counts the un-worked hours toward the twelve week entitlement. However, if the leave is taken for baby bonding, generally it must be taken in minimum increments of at least two weeks at a time. 28. Are All Employees Eligible For Family Leave? No. An employee is eligible for family leave only if he/she has worked for the employer for at least twelve months, has worked at least 1,250 hours in the past twelve months and works at a site where there are at least fifty or more company employees within a seventy-five mile radius. 29. Can An Employee Take Family Leave After Completing Pregnancy Disability Leave? It depends upon the size of the company. An employee disabled by pregnancy working for an employer with five to forty-nine employees is entitled only to pregnancy disability leave ("PDL"). An employee disabled by pregnancy working for an employer with fifty or more employees or for most public agencies regardless of size is entitled to PDL and may also be entitled to family leave. Federal family leave runs at the same time as PDL, but California family leave does not. This means that a woman could take four months of PDL followed by twelve weeks of California family leave for baby bonding totaling nearly seven months of leave. This maximum can be taken only when an employee is actually disabled by her pregnancy for four full months and then immediately takes twelve weeks of baby bonding family leave. 30. Does An Employee Have To Specifically Ask For Family Leave In Order For It To Count Toward The Annual Amount Of Family Leave? The employee is not required to specifically say that he/she wants family leave. Once the employee gives notice of the need for the leave of absence, the employer must determine whether the employee and the type of leave qualifies for family leave. It is up to the employer to designate the leave as family leave and to immediately notify the employee in writing about timing in terms of the leave. 31. What Is The Difference Between The Federal Family Medical Leave Act And The California Family Rights Act And Pregnancy Disability Leave? Pregnancy Disability Leave ("PDL") entitles a woman disabled by pregnancy or related medial conditions up to four months of leave if she works for an employer with five or more employees. The Federal Family Medial Leave Act ("FMLA") and the California Family Rights Act ("CFRA") both provide employees employed by a company with fifty (50) or more employees twelve weeks of leave for bonding with a newborn or adopted child, caring for a family member with a serious health condition, and/or the employee's own serious health condition. The FMLA runs at the same time as the PDL but CFRA does not. This means that a woman could take four months of PDL, followed by twelve weeks of family leave for baby bonding totally nearly seven months of leave. 32. Can An Employer Require An Employee To Use Up Available Sick And/Or Vacation Time For PDL? An employer may have a policy requiring an employee to use her accrued sick leave during pregnancy disability leave ("PDL"). If an employer does not have a policy requiring the use of accrued sick leave, an employee may chose whether to use the sick leave during PDL. Employer may not prohibit the use of sick leave during PDL. An employer may not require the use of vacation or other accrued personal time off for PDL. An employee may use, at her option, her vacation or other paid time off during PDL. 33. Can An Employer Ask For A Doctor's Note For A Woman Requesting PDL? As a condition of granting a pregnancy disability leave ("PDL") or transfer, an employer may require medical certification only if the employer requires certification of other similarly situated employees who take other types of disability leaves. Medical certification for a PDL means a written communication from the health care provider of the employee that the employee is disabled due to pregnancy. The certification should contain: (1) the date upon which the woman became disabled; (2) the probable duration of the period of disability; and (3) an explanatory statement that the employee is unable to work or is unable to perform any one of the more essential functions of the position as a result of the pregnancy without undue risk to herself, the successful completion of the pregnancy, or to other persons. 34. Does An Employer Have To Continue An Employee's Benefits During PDL? An employer is not required to provide health insurance or other employee benefit plans while an employee is on pregnancy disability leave ("PDL"). However, if benefits are provided for other temporary disability leaves, they must be provided for pregnancy leave to the same extent and for the same length of time. Keep in mind that if an employer is covered by COBRA (health continuation law applying to employers of twenty or more employees), a PDL may be a qualifying event triggering COBRA continuation coverage. 35. When Does The New Family Temporary Disability Insurance (FTDI) Law Become Effective? Employees will be taxed at a higher rate for FTDI beginning on January 1, 2004. Employees will be eligible to apply for paid leave effective after July 1, 2004. 36. Is A Pregnant Employee Entitled To State Disability Insurance? For purposes of state disability insurance arising from pregnancy, child birth and related medical conditions are classified the same as any other temporary disability. The usual disability for a normal pregnancy is up to four weeks before the expected delivery and up to six weeks after the actual delivery. However, a woman's doctor may certify that she is disabled for a longer period before or after the expected delivery if the delivery is a cesarean section, if there are medial complications, or if she is unable to perform her regular or customary job duties. 37. What Is California's Kin Care Law? The Kin Care law provides that employees may use up to one half of their sick leave to care for a sick child, parent, or spouse. If an employee needs to care for a sick family member, the employer must allow the employee to use the accrued and available sick leave in an amount not less than the employee would have accrued in six months of employment. 38. Are Employers Required To Provide Sick Leave For Employees? Employers are not required to provide sick leave for employees. However, employers may be required to provide family medical leave under state and federal laws if there are fifty or more employees or if they are a public employer. HIRING EMPLOYEES 39. What Is Employment "At Will"? California is an at will employment state meaning that the employer and employee can terminate the employment relationship at any time with or without cause. However, even an at will employee may not be fired for discriminatory reasons or in retaliation for asserting legal rights. To overcome the presumption that the employment is at will, an employee must prove that there was an employment contract for a specific term or that there was an exception to the at will rule. 40. Can I Run A Credit Check On A Job Applicant? An employer can run a credit check on a job applicant only if it complies with the Federal Fair Credit Reporting Act. The Federal Fair Credit Reporting Act restricts an employer's ability to use credit reports and investigative consumer reports for employment purposes. A release is required from the employee applicant and the employer must provide a number of notices to the employee applicant throughout the process. 41. Can
An Employer Test A Job Applicant Or Employee For Drug Or Alcohol Use? Testing as part of an annual or periodical physical examination is generally limited to situations that are job related and required by business necessity. With limited public safety exceptions, random drug testing is not allowed in California. Courts have generally upheld post accident testing where an employer has reasonable suspicion that an employee involved in the accident was under the influence of drugs or alcohol or if the accident was a serious one. EMPLOYMENT STATUS 42. Who Is An Exempt Employee? An exempt employee is an employee who is not subject to the IWC Wage Orders concerning overtime, minimum wage, meal and rest periods, among others. Similarly, federal overtime and minimum wage provisions do not apply. In order to be an exempt employee, an employee must fall within one of the recognized exemptions: executive, administrative, professional, sales person, or computer professional. An executive is defined as any employee who (1) is involved in management; (2) who customarily and regularly directs the work of two or more other employees; (3) has the authority to hire and/or fire other employees (or make meaningful recommendations as to hiring and/or firing); (4) customarily and regularly exercises discretionary powers; and (5) earns a monthly salary equivalent to no less than two times the state minimum wage for full time employment. A person employed in an administrative capacity is an employee whose primary duties consist of office or non-manual work that is directly related to the management policies or general business operations and performs work that regularly requires the exercise of independent judgment and discretion. The administrative employee must also meet one of the following tasks: (a) regularly and directly assist either proprietor or other exempt executive or administrative employee; or (b) exercise only under general supervision and is engaged in work along generalized or technical grounds requiring general training, experience or knowledge; or (c) executes under only general supervision, general assignments and tasks. Finally, in order to qualify under the administrative exemption, the employee must earn a monthly salary equivalent to no less than two times the state minimum wage for full time employment. A person employed in a professional capacity means an employee who is licensed or certified by the State of California and is primarily engaged in the practice of one of the following recognized professions: law, medicine, dentistry, optometry, architecture, engineering, teaching, or accounting; or primarily engaged in an occupation commonly recognized as a learned or artistic profession. In addition, the employee must customary and regularly exercise discretion and independent judgment in the performance of his/her duties, and must earn a monthly salary equivalent to no less than two times the state minimum wage for full time employment. A computer professional is an employee who is primarily engaged in work that is intellectual and creative and that requires the exercise of discretion and independent judgment. The employee must also be primarily engaged in duties that consist of one or more of the following: (a) the application of systems analysis, techniques, and procedures, including consulting with users to determine hardware, software or system functional specifications; (b) design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on or related to user or system design specifications; or (c) the documentation, testing, creation or modification of computer programs related to the design of software or hardware for computer operating systems. The employee must also be highly skilled and proficient in theoretical and practical application of highly specialized information, computer systems analysis, programming, and software engineering A computer professional must earn at least $41 per hour to satisfy this exemption. Furthermore, there are a number of exclusions from this exemption as identified in Labor Code Section 515.5. A sales person may also be an exempt employee. Any person who is eighteen (18) years old or older and spends works more than a half of their working time away from the employer's place of business selling or obtaining orders is considered an outside sales person and exempt from both overtime and minimum wage. The California courts closely scrutinize the duties of such employees to insure they are truly engaged in selling as to other related duties such as delivery, inventory and stock. An inside commission person may also be exempt if they are primarily engaged in selling as long as (a) the employee has direct customer contact; (b) earns at least one and one half times the minimum wage for every hour actually worked; and (c) derives over half of his compensation from commissions. It is important that employers keep accurate time records for inside commission sales employees. 43. Are Salaried Employees Exempt Employees? Placing an employee on a salary does not exempt the employee from wage and hours law. A non-exempt employee who has been placed on a salary earns overtime the same as hourly wage earners. In order to be exempt, the employee must both earn a salary and perform exempt duties. That is, the employer must insure that the employee satisfies one of the recognized exemptions from overtime: executive, administrative, professional, computer related professional, outside sales person, or inside sale employee exemptions. 44. What Is A Part Time Employee And Are They Entitled To Benefits? There is no federal or state or employment law defining part time employee. An employer can decide how many hours an employee must work to be considered part time. However, employers should be aware that many employment laws apply to part time employees. For instance, wage and hour laws apply equal to all employees regardless of whether they are full time or part time. All employees are to be covered by worker's compensation insurance, unemployment insurance, and state disability insurance. Certain leaves of absence such as jury duty, pregnancy leave, and drug and alcohol rehabilitation leave apply to all employees. There is no law requiring a company to offer benefits to part time employees unless the company has a union agreement or benefit plan that states otherwise. This means that a company may decide whether will offer company benefits such as vacation, sick, and holiday pay to part time employees. Company insurance plans, pension plans, and profit sharing plans are treating differently. These benefits are detailed in a plan document that must be approved by the IRS and meet non-discrimination rules of the Employment Retirement Securities Act. Employers should check with counsel to insure that they are not discriminating against part time employees by not offering benefits. Group
health plans typically provide that employees are eligible for coverage if they
work thirty-two hours per week and have completed thirty days of
employment. Employers should check their
group insurance plan to determine whether or not part time employees qualify
for coverage irrespective of any company statement to the contrary. A person who provides services to another for payment can either be an employee or an independent contractor. The difference between an independent contractor and an employee largely centers on the issue the employer's degree of control over the person performing the services. Some of the factors used to determine independent contractor status include whether or not the principal has the right to discharge at will without cause; whether the person performing services engaged in a distinct occupational business; whether the work is usually done under the supervision of the principal; whether the principal or the worker supplied the instruments or tools; and whether the work is part of the regular business of the principal. 46. Does An Employer Have To Report Independent Contractors To The EDD? As of January 1, 2001, all businesses and governmental entities who hire independent contractors must file reports with the EDD. The new independent contractor reporting program is designed to locate parents who are delinquent in child support payments. The employer must file a Federal Form 1099-MISC for services performed by an independent contractor. The information must be reported to the EDD within twenty days of entering into a contract for $600 or more in any calendar year with an independent contractor or within twenty days of making payments totaling $600 in any calendar year to an independent contractor, whichever is earlier. No reporting is required when hiring another business such as a corporation, general partnership, or limited liability company. 47. Are Temporary Or Leased Employees Entitled To Benefits? Temporary or leased employees may become eligible for employee benefits in that they can be treated as "common law" employees entitled to participate in certain employee benefit plans. For this reason, employee handbooks and benefit plans should clearly define which individuals are eligible for participation in company benefit plans. Temporary and leased workers should not be treated in the same manner as regular employees and should not be kept on contingent status for more than one year. 48. If An Employee Is Injured While Working At Home, Is The Employer Liable? Injuries incurred in a telecommunicating employee's home may be covered by worker's compensation if the injury is incurred in the course and scope of employment. WORK PLACE SAFETY 49. Are Employers Required To Hire Security Guards? No federal or state law mandates security guards for employers. However, an employer may have a duty to hire security guards if there is a high degree of foreseeability that there will be criminal activity on the premises. 50. What Should An Employer Do If There Is A Threat Of Violence At Work? Employers
should always take all threats of workplace violence seriously and should
always take a complete report of the incident from the person reporting it and
conduct an investigation. When investigating a threat, it is important to conduct a through investigation, interview witnesses, assess all the information gathered, and make a good faith decision. This may include discipline or termination of employees, the termination of a business relationship, the filing of a police report, and/or application for a temporary restraining order.
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