Tales from the HR Hotline: A Bad Attitude, Employee Reduction Considerations, and Working Out Two-Weeks Notice.

Our Advisors field a wide range of HR and Safety questions from our members each day on the HR Hotline and Advisor Chat in mozzo. In this series, we're taking common, or sometimes incredibly unique, questions, similar to what we’ve received and sharing how our Advisor team would respond.  

In this edition, we hear from a member who has an employee with a "bad attitude", a company who has recently slipped under the 50 employee mark and wants to understand what laws still apply, and a leader who would rather not have an employee work out their notice period. 

The scenarios below are anonymized and reflect questions similar to those received by our team. They may combine elements from multiple real-world situations.  

Question: We have an employee whose attitude brings his co-workers down. His work is marginally satisfactory but his overall impact is negative. What can we do? 

Archbright Answer: Our first suggestion is to substitute the word behavior for the word attitude. Having made that subtle but important change, your second task is to describe the behavior that is having a negative impact, and do so with clinical accuracy. 

Rather than say that the employee is "constantly negative,"  you might more accurately describe what happened, i.e., "Yesterday in the department meeting you said that our department goal was 'ridiculous,' and concluded by saying, 'Don't expect me to bust my hump to get those kind of numbers, especially when you will just want more if we do somehow manage to do it.'"

Once you have an accurate description of the behavior, you must be willing to bring it up in a discussion with the employee and indicate that it is not acceptable. Then, hold the employee accountable to your standard for behavior. Negative behavior can have a significant impact on an organization and on a team. Addressing negative behavior can often be even trickier than poor performance, because it feels more subjective, but supervisors and managers must become comfortable dealing with the two things employees deliver at work: performance AND behavior.

• Engaging in Difficult Conversations - Strategies for Success 
• Performance Reviews - What to Include 
• Holding Others Accountable 

Question: This month, our company has just completed a second round of layoffs. As a result, we have less than 50 employees for the first time in several years. Are we still obligated to comply with laws that apply to employers with over 50 employees? 

Archbright Answer: It depends on the law. The Federal Family and Medical Leave Act (FMLA) uses the 50 employee threshold. The test is whether an employer has 50 or more employees on its payroll in 20 or more weeks in the current or preceding calendar year. 

One additional law to consider when your employee count drops, would be the minimum salary threshold for exempt employees in Washington. That threshold is based on employer size (over/under 50). In 2026, the thresholds are the same for large and small employers, but in 2027, they will differ, so keep an eye out, as this changes annually.

• Managing a Reduction in Force 
• FMLA Basics 

Question: An employee just gave her two weeks notice. Morale is difficult enough during this downturn and I would rather not have a "short-timer" hanging around. Do we have to keep her here for two weeks, or can we let her go today? 

Archbright Answer: You are not obligated to allow any employee who gives notice to work through the notice period. You are not obligated to pay her for the period of notice, either, if you terminate her employment today. She may be dismissed at any point during the two-week period. However, two considerations may impact this decision. 

First, you should consider the reaction of your remaining employees. There is a possibility they will view your actions unfavorably if they are negatively impacted due to an increased workload or because of your unexpected response to an employee doing what is considered common courtesy-- providing notice. Your actions may increase the chance your employees will not provide notice in the future, since your decision may send the message it is not valued. The opposite could also be true. If this employee is causing problems or frustration with the team, having them gone sooner than later, may be a welcome surprise. It is worth considering both sides before making a decision.

Second, if you terminate before her resignation date, the employee will become eligible for unemployment because she is unemployed through the company's actions, not hers. When a company does not wish to honor a two-week notice provided by a departing employee, you might consider providing pay for the two-week period before parting company. This will allow the separation to remain a resignation, and the employee will generally, not be eligible for unemployment benefits. 

• Change Management 
• Employee Engagement 

Do you have questions for our advisors? Our HR Hotline and Advisor Chat are available for members from 8am - 4pm PT Monday - Friday. Not yet a member? Get in touch.