HR Law on the Brain? So Do We.
Let’s be honest—keeping up with employment law can feel like trying to hit a moving target.
And that’s why we make it a priority to keep our skills sharp. We recently took a legal course to stay on top of the latest HR updates—and we’re here to pass along what we’ve learned.
Why?
Because we know how complicated it can be to navigate this on your own.
We’ve been in HR for decades, and we’re still learning.
Here are a few reminders and insights that could help protect your company, clarify your policies, and support your people:
1. Rethink That “Probationary Period”
If your employee handbook includes a “probationary period”, we recommend you take another look.
Courts have ruled that referencing a probationary period might undermine your “At-Will” employment status. Why? It could be interpreted as a promise of continued employment once the probation ends. Our legal partners suggest using the term “introductory period” instead.
But here’s the real kicker: most companies don’t conduct these periods consistently. If that’s you, consider removing it altogether. Instead, we recommend implementing a 60-day review process for new hires—and we can help you build that.
2. Notice Requirements and PTO Payouts
Do your policies state that employees must “give notice” to receive unused PTO?
Careful. If you require notice to pay out PTO, a judge might argue that employees should then be given notice before being terminated. That can create a sticky legal situation.
Instead, we recommend using a progressive disciplinary process. It keeps things fair, transparent, and legally safer for you.
3. Paying Out the “Notice Period”
If an employee gives notice and you prefer they leave right away, think twice before walking them out the door without pay.
Our legal experts recommend paying them through the notice period. Why? If you don’t, and they file for unemployment, it could be classified as a termination instead of a resignation. Not ideal.
4. Final Paycheck Deductions
Need to deduct the cost of unreturned equipment or supplies from a final paycheck?
You can—but don’t let that deduction drop the final paycheck below minimum wage. That could open you up to legal risk. It’s something many employers overlook, and it’s an easy fix when you know what to watch for.
5. Contacting Employees on FMLA
Yes, you can reach out to employees on leave—but keep it light.
Occasional check-ins are fine and can actually be a good way to stay connected. Just don’t ask them to work or talk business. Think “how are you doing?”—not “can you hop on a call?”
Final Thoughts: We’re Not Lawyers, But We Are HR Experts
We’re not here to scare you—and we’re definitely not here to play attorney.
But we do want you to be informed and protected.
Every company and state is different, so we always recommend consulting a licensed employment attorney for specific legal advice.
Need help reviewing your policies? Want someone in your corner who’s been there (and stayed up to date)?
That’s what we’re here for.
👉 Let’s Talk — We’ll help you make HR easier.
