HR Snapshot Q&A

Question:

Can I require employees to turn on their cameras during meetings?

Question:

One of our employees was arrested today. Can we terminate their employment?

Answer from Marisa, SPHR: Yes, generally, you can require employees to have their webcam on during meetings. You may, however, want to take things like low internet bandwidth, equipment failure, software incompatibility, mental health, environmental circumstances, privacy issues, and other reasonable concerns into account when setting expectations. For example, employees may have difficulty staying connected if multiple people in their household are using video conferencing apps at the same time.

I would recommend that you send out some guidelines about video conferencing etiquette. You can include the expectation that employees will participate in meetings using their webcams unless there are extenuating circumstances. Supervisors can then handle, on a case-by-case basis, any issues with employees not using the webcam.

We would recommend against terminating employment simply on the basis of an arrest. For one thing, the fact of an arrest is neither proof that criminal conduct occurred nor an indication that the arrested employee will be convicted of a crime. For another, basing employment decisions on arrests (and convictions) can have a disparate impact on certain racial groups. Note as well that some states also treat non-conviction arrests as a protected characteristic, meaning employers in those states are forbidden from considering those records.

Answer from Laura, SHRM-CP:

The Equal Employment Opportunity Commission (EEOC) recommends that employers only make decisions based on an arrest if the underlying conduct makes the individual unfit for the position in question. But even then, the EEOC suggests that the employer give the employee a chance to explain the events and circumstances that led to their arrest. The employer is then in a better position both to assess the credibility of the employee’s account and to make an employment decision related to the underlying conduct rather than the mere fact of an arrest.

Question:

The parents of a recently terminated employee have called us several times asking us why their son was fired. Are we required to discuss the matter with them?

Answer from Kim, SPHR, AAM, CPIW: No, you have no obligation to explain to them why their son’s employment was terminated, and we would not recommend doing so. If you decide to respond so they’ll stop calling you, you can emphasize that you don’t discuss employment matters with anyone except the employee. You can tell them that their son can reach out to you himself if he has additional questions about his termination.

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