Terminations are the hardest things HR professionals and supervisors have to do—and probably the most legally dangerous. One wrong word can trigger a lawsuit. To handle terminations well, you need to keep calm and communicate your message without escalating the tension. Here’s a 10-step process.
Under the massive new federal economic stimulus law, employees who suffer an “involuntary termination” have to pay just 35% of the cost of COBRA continuation health care coverage. Employers cover the rest and then the government reimburses them. But what does “involuntary termination” mean?
Think your next generation of managers will come from your rank-and-file workers? Don’t be so sure. Surprisingly, 49% of employees with the experience to become managers say they don’t want any part of a managerial role.
You’re probably familiar with the legislative fight brewing over the proposed Employee Free Choice Act. That debate has spotlighted a fact many employers don’t realize: Nonunion employers must comply with requirements of the National Labor Relations Act. To help you comply, here are the major traps to watch for:
It's no secret that employees gossip about pay. And it's no secret that those conversations often cause resentment and tension in the workplace. Wouldn't it be great if you could forbid employees from discussing compensation? Don't even think about it until you've read this comprehensive guide to the requirements of the National Labor Relations Act.
“We’ve put a freeze on pay raises, so why do we need to keep doing performance reviews?” The recession has led many employers to ask themselves that question. But dropping reviews can be a morale buster and liability magnet.
The ADEA makes it illegal to discriminate against people age 40 and older in hiring, terminations, pay, promotions, benefits and any other terms of employment. Here are the key areas where age bias claims typically pop up:
The EEOC has issued proposed regulations for enforcing the ADA Amendments Act of 2008 (ADAA), a sweeping law that took effect earlier this year. Among the changes: a new definition of what constitutes an ADA disability. With the EEOC in charge of suing to force compliance, you need to know the answers to these 10 questions.
A key part of the ADA is the so-called “regarded as” rule. Essentially, it says that if your organization treats an employee as if he or she is disabled, then the employee earns the job protections provided under the ADA—even if he or she isn’t truly disabled. What does it take to “regard” someone as disabled? It can be as simple as jotting “disabled” on an application or employee paperwork.
A progressive discipline system is the best way to correct employee performance problems. It’s also the best way to protect against wrongful termination lawsuits. It allows you to ensure that any employee fired because of inferior performance was treated fairly and in accordance with your company’s policies. Here’s a five-step model for progressive discipline:
If discrimination has always been a head-in-the-sand issue for you and your organization, it’s time to get serious about your policies and practices. Discrimination complaints of all types—race, sex, age, etc.—have skyrocketed in the past year as the economy has fallen. Here's how to avoid becoming one of the EEOC's targets.
Sometimes, it takes a new manager or supervisor to see how poorly an employee is performing. If an employee who has been getting good reviews suddenly appears to slump under new leadership, don’t jump the gun and discipline the employee right away. Here’s a better approach ...
Companies that fire lots of employees get sued for discrimination by many of the castoffs. But all those terminations may be an indication of employee/management personality conflicts, not discrimination.
Managers and supervisors are at the front lines of making decisions that often trigger lawsuits—promotions, pay raises, terminations and job assignments. But the most legally dangerous of all those situations is interviewing job candidates. Here are five questions that can reveal more about job interviewees, without risking a hiring discrimination charge.
Human resources professionals know the importance of evenhanded discipline. But other managers may not be so careful, often preferring to issue casual and informal warnings that aren’t recorded anywhere, only to insist on more severe sanctions when they perceive employees crossing some indefinite line. When that happens, you run a real risk of facing a disparate treatment lawsuit.
Terminations aren’t always clean. Sometimes they’re damned-if-you-do, damned-if-you-don’t situations. That’s often so when you conclude that an employee harassed another and must be terminated. With nothing to lose, the fired employee may try to concoct a discrimination lawsuit.
The Department of Homeland Security has authorized more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law. At the same time, the NLRB is pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights. But what happens when those fired workers are actually ineligible to work?
Q. We recently offered employees the opportunity to participate in an early retirement program, and several employees elected to take us up on the offer. Are they eligible for the new 65% COBRA subsidy?
Remind upper-level managers: When a supervisor or mid-level manager makes comments that could be construed as racist or religiously motivated, it pays to act fast. In fact, firing the responsible manager sometimes can be the best way to go. That way, if the employee he disparaged later gets turned down for a promotion or a raise, it will be much harder for an attorney to show a connection between the supervisor’s biased views and the denied opportunity ...
Job discrimination claims are running at record-high levels in the past two years. Way too many problems start when hiring managers ask the wrong questions during job interviews. Here's how to ask five key questions without risking a hiring discrimination charge. (Plus 16 questions no one should ever ask.)
Under the massive new federal economic stimulus law, the American Recovery and Reinvestment Act of 2009 (ARRA), employees who suffer an “involuntary termination” have to pay just 35% of the cost of COBRA continuation health care coverage. But what does “involuntary termination” mean?
Ohio employees who are discharged for just cause aren’t entitled to unemployment compensation payments. But Ohio courts frequently hesitate to cut off unemployment benefits for one-time conduct that may be outrageous—as long as the employee doesn’t have a history of past disciplinary problems and the employer has a progressive discipline program it didn’t use.
Here’s added incentive to handle terminations and other employment actions at the local level. When employees sue, their attorneys often look to expand the lawsuit beyond one person. They’re trying to find larger patterns of discrimination. This strategy can sometimes succeed if higher-ups in the company made the decision and based it on a common policy or framework.
Q. Due to the poor economy, we recently cut one of our manufacturing shift’s hours by 60%. This will continue indefinitely. We gave the affected employees two weeks’ advance notice, but we have now received a letter from an attorney claiming we should have given them 60 days’ advance notice. Is that right?
In today’s down economy, nearly every termination and layoff is fraught with risk. Layoffs are supposed to be blind on issues of race, sex, age, etc. But, if you are making these decisions in the dark, you are making a big mistake that could prove very costly. Before implementing a layoff, it’s crucial to review the demographics of who is staying and who is leaving.
A federal judge recently certified two classes of workers in a suit accusing the law firm Thelen, LLP, of firing them without notice. Also certified were three subclasses of workers alleging that the defunct law firm failed to compensate them for vacation time.
Employers now have an answer to their single biggest and most vexing question about the elaborate new federal subsidy arrangement under COBRA, but it may not be the answer they were hoping for or expecting.
The economy is a shambles, and employers are doing everything they can to stay in business. That includes terminations, salary and wage cuts and temporary furloughs. Nearly every one of those moves carries litigation risk. Have your company’s personnel policies and practices had a checkup lately? A comprehensive audit is one of the easiest ways to spot problems.
Q. One of our employees recently went on military caregiver leave to take care of her injured husband. She is also expected to give birth in the coming weeks. Is she entitled to 12 weeks of leave under the FMLA in addition to her 26 weeks of caregiver leave?
The more reasons you can dream up to fire an employee, the better. Right? Think again. Firing someone for one obvious rule violation will stand up better in court than a laundry list of petty transgressions ...
Q. We need to cut two employees from our marketing department. One of the employees we would prefer to keep was hired only six months ago. If we don’t base our decision on seniority, are we more susceptible to discrimination claims?
If discrimination has always been a head-in-the-sand issue for you and your organization, it’s time to get serious about your policies and practices. Discrimination complaints of all types—race, sex, age, etc.—have climbed as steeply in the past year as the economy has fallen. Don’t get caught flat-footed.
Employers that “regard” people as disabled and then discriminate by firing them or refusing to hire them in the first place will face lawsuits—even if it turns out those applicants and employees aren’t actually disabled. That’s a key part of the ADA.
During a workplace investigation, you, as an HR investigator, can take a number of practical steps to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.
A federal court has sided with the EEOC in a disability discrimination case involving the Macomb store of auto parts retailer AutoZone. The case involved a store manager, John Shepherd, who suffered from back and neck injuries that limited his ability to lift or rotate his upper body.
When it comes to discharging employees for alleged dishonesty, here’s some sound advice for managers and supervisors: Don’t discuss why the employee was terminated with anyone who doesn’t need to know. Keep the information private to avoid a possible defamation lawsuit.
Remind managers not to punish or otherwise retaliate against employees who report suspected drug use by fellow employees. Such tip-offs may constitute protected activity, and retaliation may lead to a lawsuit.
The FMLA grants 12 weeks of unpaid leave to handle a serious medical condition. Military family caregiver leave rules provide for 26 weeks off. But what happens when an employee can invoke both, for example, when she must care for a wounded military spouse while she is pregnant?
During a workplace investigation, there are a number of practical steps that you, as an HR investigator, can take to improve the reliability and objectivity of your witness credibility assessments. Four factors are critical to assessing witness credibility: demeanor, consistency, chronology, and past history and motivations.
When the mammoth American Recovery and Reinvestment Act of 2009 (ARRA) economic stimulus law was enacted in February, lots of the details were still fuzzy. Now the IRS has defined a key term that governs who qualifies for the 65% COBRA subsidy built into the law. The only trouble is, the definition poses more questions than it answers.
In this brutal economy, desperate applicants—and current workers who believe they may be laid off soon—are trying an interesting tactic: They’re volunteering to work for less pay … sometimes much less. A new court ruling shows why you should take those offers seriously.
When two workers complained to two co-workers that their employer wasn’t providing protective gear while they installed insulation, it started a chain of events that led to their firings.
The downturn has hit California hard. Many stable California employers find themselves for the first time contemplating reductions in force in order to survive. If you’re considering a large-scale layoff, be prepared to familiarize yourself with California’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act.
Issue: Poorly written layoff letters can open your organization to legal action. No matter how you write layoff letters, they are bound to anger employees, especially if the employees don’t see it coming. Don’t give irate employees legal ammunition by writing misleading, inaccurate or insensitive layoff letters. Action: Create notices that explain the layoff in the most straightforward, respectful manner possible. To avoid legal action, think of layoff letters as informal legal documents that include the following:
When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts. The rise in challenges can be pegged to more employers citing misconduct as the reason for terminations.
With unemployment at its highest level since 1983, many applicants have far more experience and education than the job requires. But be alert: Advise hiring managers to avoid using the term “overqualified” in front of job candidates or in any written description of them. Rejected applicants could view the term as an age-related code word, thus sparking an age discrimination lawsuit.
When you fire an employee for misconduct and he proceeds to file an unemployment compensation claim, how does your organization respond? In recent years, record numbers of U.S. employers have challenged those payouts.
Jan Horah, a former director of the Gulf Beaches Public Library, and Harriet Thompkins, a former assistant director and reference librarian, have threatened lawsuits challenging their terminations. The women, who are black, claim they were terminated abruptly in November in violation of their contracts.
Sometimes, when an employee knows he is about to be fired, he tries to link the impending termination with some alleged harassment. The hope: The claim will somehow stop the termination—or at least win a lawsuit. The best way to defend against such a claim is to have rock-solid reasons for every discharge.
When people lose their jobs, they often look for some reason other than their own poor performance. And since they are off work, they have lots of time to think about the past, including real or imagined slights they endured at the hands of co-workers and supervisors.
Q. It looks like it will be necessary for our company to lay off several employees. Can you tell me whether we are required to pay severance? If so, how much?
Here’s another good reason to insist that HR handle all terminations: It’s much harder for employees to sue the company for its supervisors’ alleged harassment or discrimination if the HR office has primary responsibility for discharge decisions. Here’s why ...
The Lilly Ledbetter Fair Pay Act that President Obama signed into law last week is just the beginning of what's shaping up to be a wave of new pro-employee legislation from the current Congress and administration. Next up on the Congressional front-burner: the Employee Free Choice Act (EFCA), which would make it far easier for unions to gain certification. In this Congressional climate, organized labor is poised for rapid expansion.
Marsha Bartel was an award-winning NBC journalist working on the “Dateline NBC” television show. NBC fired her, claiming it was laying off staff. She sued, alleging NBC had fired her for complaining that the show was not adhering to NBC’s internal ethical standards. The case offers some important reminders about how to handle termination of at-will employees.
Sometimes, candidates filling out job applications think it’s a good idea to omit information about minor criminal convictions and past problems such as terminations. If your application specifically asks for that information and someone you hired didn’t supply it, you can terminate for lying on the application.
Advances in medical research have resulted in the early detection and treatment of illnesses. One of the most significant advancements is testing that can identify genetic differences that could increase an individual’s chance of developing a particular disease. But there’s a downside to such progress ...
No matter how you write layoff letters, they are bound to anger employees, especially if the employees don’t see it coming. Don’t give irate employees legal ammunition by writing misleading, inaccurate or insensitive layoff letters. To avoid legal action, think of layoff letters as informal legal documents that include the following ...
With the Employee Free Choice Act on the Congressional front-burner, organized labor is poised for rapid expansion. Now is the time to audit your vulnerability to union organizing. How can you tell if workers might be eager to become union members? Ask yourself these questions.
At first glance, the federal ADEA appears rather straightforward: It protects people age 40 and older from employment discrimination based on their age. But the law can affect just about anything managers do, from asking questions in job interviews to assigning job duties ...
Far too often, careless employers lose lawsuits they should have won, especially when it comes to terminations. Here’s why: Some fired employees will sue for discrimination, and they have to show that you treated them differently because of some protected characteristic such as race, gender or age ...
Terminations are the spark to many employment lawsuits. And for each of the six kinds, there are some common steps employers can take to make sure they defend themselves if the termination is challenged in court ...
Q. Our company is planning a layoff, for which we will follow a “seniority” system to decide whose jobs are affected. When I look at our seniority list, I see that some of our current employees are out on medical leaves of absence. How should these employees be treated for layoff purposes? ...
Employers must prepare themselves for the very real possibility that the Employee Free Choice Act (EFCA) will become a reality next year. If passed and signed into law, the EFCA would dramatically change the way unions organize workers and how unions and employers negotiate initial collective bargaining agreements.
As the impact of the global economic crisis filters down from Wall Street to office cube farms and shop floors, HR professionals will find their expertise in greater and greater demand. Unfortunately, you may have to spend much of your time on the least pleasant of all HR tasks—planning and executing layoffs and other staff cutbacks.
When the organization excludes HR professionals from planning, bad things can happen.Use these six questions to determine ways to involve yourself in upcoming changes.
Because of the nationwide economic slump, layoffs are a hot topic these days. What sort of employment law issues should HR professionals consider when the possibility of laying off workers becomes increasingly likely? Here’s a step-by-step guide for smoothing out a difficult and painful process ...
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged ...
When economic downturns lead to layoffs, companies can expect former employees to be bitter—and maybe even angry enough to look for reasons to sue. Before you announce layoffs, document the internal business evaluations that led to the terminations. That way, you will be ready if a lawsuit seemingly comes out of nowhere ...
Workers who have lost their jobs often look for some ulterior motive to explain their terminations. Here’s what to do if a former employee claiming he was targeted because of a discrimination complaint sues you: Check when the complaint first came to light. Any complaints should have been logged and time-stamped, even if the complaint wasn’t written ...
Employers that prepare as if they will be sued over every employment decision will win most discrimination cases. If you follow certain guidelines, chances are no fired employee will successfully sue you for discrimination or retaliation. Employers that get sloppy most often lose lawsuits ...
The Minnesota Supreme Court has ruled that sexual harassment cases brought under the Minnesota Human Rights Act should follow the rules laid out for federal Title VII sexual harassment cases. The decision means employers can do precious little to escape liability if a supervisor harasses a subordinate and then takes, or threatens to take, an adverse employment action against that employee ...
Q. We work in a very small industry, and employees tend to circulate among various employers in our greater metropolitan area. Many of us belong to the same trade and professional organizations and know each other. We would like to be able to provide each other with honest information in response to reference checks about an employee’s work history, but everyone is reluctant to do so because the general opinion seems to be that the safer course of action is to give only names and dates of employment. Can employers provide honest information about the reasons for employment terminations in response to reference requests? ...
Employment terminations fall into several categories. Whether the situation involves new hires who didn’t work out, firings for cause or performance issues, or voluntary resignations, terminations often lead to litigation. For each type of termination, there are some common ways employers can make sure they can defend themselves if challenged ...
Before making a final decision on a reorganization or series of RIF terminations, take a close look at any characteristics the employees losing their jobs might share. A set of terminations that affects only members of a protected class is sure to attract attention ...
It’s legitimate to discipline or fire employees who behave badly. But employers that mandate suspension or termination for rule violations must apply the policy to everyone who violates the same rule. Then they should follow up with a prompt and thorough investigation into exactly what happened ...
Whether we're in slowdown or a full-blown recession, many employers may be contemplating job cuts to cope with tough economic times. But employers that downsize the wrong way may end up spending more on litigation than they save on labor costs. To avoid a costly court fight, know your WARN Act compliance responsibilities.
Terminating an employee is probably the hardest thing an HR professional has to do—and the most legally dangerous. To handle terminations well, you need to keep calm, communicate your message without escalating the tension and stick to a plan. Here’s a 10-step course of action ...
Even when someone clearly deserves to be fired, terminations are the toughest tasks for managers and HR. But how you conduct the actual discharge can mean the difference between an amicable parting and a messy lawsuit. One often-overlooked decision: choosing the right setting for the discharge meeting ...
In a dramatic reversal, the Ohio Supreme Court significantly limited the reach of its earlier decision in Coolidge v. Riverdale School Systems. That 2003 decision led attorneys and employers to conclude that it violated Ohio state public policy to terminate any employee who was eligible to receive temporary total disability payments under the Ohio Workers’ Compensation Act ...
Employers and employees alike often misunderstand North Carolina’s legal requirements concerning vacation benefits. Those misunderstandings often can become emotional and heated. The best way to avoid such disputes is to publish a clear vacation benefits policy based on a solid understanding of North Carolina law ...
Question: "I am trying to calculate our employee retention and turnover rate. I
understand that these are two different things relating to: 1) how many
employees we have, and 2) how many employees we lose, keep and hire.
Does anyone have the equations for figuring out these two rates?"—Katie, Louisiana
Q. A former employee has just filed a discrimination charge against us with both the EEOC and the Michigan Department of Civil Rights (MDCR). We are a small company, and the owner has suggested that we respond to the charge ourselves without using an attorney, as we previously have done in unemployment compensation cases. Is there any reason we should not represent ourselves in this case? ...
RadioShack earned a public relations beating last year when it used e-mail notifications to alert 400 employees at its Texas headquarters that they were being laid off. But that practice may be more popular than you think ...
Two white pathologists have sued the Marion County coroner, alleging their terminations were based on race, not merit. The two were terminated eight months into a five-year contract. The coroner’s office gave no reason for the dismissals ...
If you have long-term employees whose performances are deteriorating, step carefully. Their long histories with the company could mean you’ll have a hard time justifying terminations even in light of poor performances. Instead of jumping the gun and firing immediately, take your time. In fact, it may be a good idea to allow more than one supervisor to witness each declining employee performance up close ...
When union-organizing efforts target a business, managers usually sit on the sidelines. But managers may have sympathies with either side, and their actions could cause problems for either the employer or the union. Your best bet is to rely on professional negotiators and labor counsel ...
Employers that change benefits plans beware! Employees are entitled to know when their benefits will change under the Employee Retirement Income Security Act (ERISA). It’s best to make sure everyone knows about the changes before they go into effect—especially if the new plan requires the employee to do something to qualify for a benefit ...
Developing, implementing and enforcing a comprehensive anti-harassment policy is vital to create a safe and comfortable work environment and minimize the potential damage from harassment lawsuits. But having an anti-harassment policy is not enough; the policy must be implemented, promulgated and consistently enforced. Training employees and managers on harassment law and the employer’s harassment policy is an important part of an employer’s defense against a harassment claim—whether the alleged harassment was by a supervisor or a co-worker ...
Performance evaluations are important tools to help employers gauge whether employees are performing at expected levels. They can help organizations spot talent and leadership potential, while identifying areas where employees need extra training and support. Evaluations also can protect employers from frivolous lawsuits filed by employees who claim they’ve been demoted, fired or otherwise unfairly treated when the real reason was poor performance ...
Employers can fire at-will employees for any legal reason—or for no reason at all. Employees who work under a contract, on the other hand, have more rights. Don’t let a flawed employee handbook weaken your hand ...
Q. Must I give employees copies of their reviews, terminations or disciplinary items? They are in their personnel files, but I don’t want them running to an attorney. We are not terminating or disciplining employees with any illegal intent, but these days you can never be too careful. –A.D.
An Ohio appeals court significantly expanded employees’ rights recently when it upheld a fired employee’s right to trial after her employer terminated her because she threatened to talk to her attorney ...
Reductions in force (RIFs) happen for a reason—usually financial. To keep legal fees and jury awards from mooting savings, be sure to document why a RIF is necessary and who should get pink slips ...
Infighting among union groups has the labor movement cranking up its organizing efforts to prove a point. Many employers panic when they become union targets, tripping over costly labor relations rules. Follow these steps to avoid becoming a union target ...
The advent of MP3 players, satellite radio and Internet-based music makes it easy to rock and roll at work. Such distractions can reduce employee productivity and even create create legal risks. Establish a music/noise policy before it becomes a problem ...
Asking employees to perform even a minimal amount of work while they're out on an FMLA absence could spark a lawsuit. And firing someone for refusing to pirtch in while out on leave almost surely will ...
A former math teacher at Canisius High School in Buffalo recently filed suit against the school, alleging she was wrongly denied tenure despite her excellent reviews ...
Execs and supervisors may bristle at criticism from employees and instinctively want to punish offenders. But that apparent insubordination can sometimes be considered protected speech under federal or state law. Knowing what’s protected and what’s not is key ...
If you have non-English speaking employees, you may be making efforts to help improve their language skills. But in which cases must you pay employees for that training time? ...
It’s a good idea to track the age, race, religion, sex or other characteristics of employees you discipline. Being able to see, at a glance, a potentially discriminatory pattern can help you make a midcourse correction ...
The New Jersey Supreme Court has described the state’s Conscientious Employee Protection Act (CEPA) as “the most far reaching ‘whistle-blower statute’ in the nation” ...
Terminations
are a legal minefield, but you’d think it would be easy to fire a 911
emergency dispatcher who was found sleeping on the job. Not in today’s
lawsuit-happy environment...
HR Law 101: Under the law in most states, if there’s no employment contract, workers are employed on an “at-will” basis. That means employers have the right to fire employees at any time for any reason or no reason, and, conversely, employees have the right to leave the organization at any time ...
HR Law 101: Your employee handbook should include statements on these topics: a welcoming letter from the CEO, rules and procedures, your employment policies, compensation and benefits, safety and health rules, an affirmative action statement and an acknowledgment receipt form ...
Q. We recently terminated an employee. He claims that he is legally entitled to a letter outlining the reasons for his discharge. Is he correct? —E.T., Maryland
Q. An employer asked us for job verification on an employee we fired. It has a written consent form from the worker allowing the query. Can I release any and all information regarding the ex-employee's history with us? —R.F., Colorado
Q. We need to change our severance policy, mostly due to declining business conditions. Can we reduce the severance amounts cited in employment agreements with certain staff as long as we notify them of the change? —J.C., Illinois
Q. I have a question about providing honest feedback during reference requests. Is it better to defend the fact that I provided a truthful (negative) assessment, rather than trying to explain why I can't give any reference at all? Aren't we protected by negligent referral and reference immunity laws? —M.R., Utah
Q. An employee in our plant was directed by a replacement line supervisor to use a machine that he wasn't trained to operate. The employee stuck his hand into the machine to clear a jam and was injured. The plant supervisor fired the employee while he was still in the hospital for operating machinery he hadn't been trained on. Does the employee have a right to sue us if he was actually ordered by the line supervisor to do this job? —K.C.
Q. Our church day care center hired a woman who, we later found out, was living with a married man. Our director had “moral issues” with this situation and terminated her. I think the termination was illegal. Was it? —L.T., Florida
Q. Over the last six months, we have made several attempts to mail a former employee her last paycheck by certified mail. We believe that we have the correct address because we mailed her other items by regular mail during this period and none have been returned. What legal obligations do we have, if any, to get this check to her? —R.Y., Washington, D.C.
For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant ...
A reader of our weekly e-mail newsletter, The HR Specialist Weekly, recently posed this question: "How do you let other employees know when you've fired someone?" Following are some of the responses from other readers ...
The Texas Payday Act seems like it should be simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes. Plus, it carries a fine of up to $1,000 per violation ...
The New Jersey Wage Payment Law seems like it should be rather simple, but it’s perhaps the most complicated employment law in the state. Full of traps for the unwary, the law can spell big trouble for even innocent mistakes, with fines of up to $1,000 per violation ...
If you use (or plan to use) Section 529 college savings plans, take note: A few small changes buried in a new law could help you save even more in those tax-advantaged college-savings vehicles.
If you use (or plan to use) Section 529 college savings plans, take note: A few small changes buried in a new law could help you save even more in those tax-advantaged college-savings vehicles.
THE LAW. The 1935 National Labor Relations Act gives employees the right to organize, bargain collectively and strike. In the 1940s, Congress tried to correct union abuses of power by ...
Issue: Severance agreements that deny severance payments to employees fired "for cause." Risk: Failing to clarify "for cause" could result in having to pay severance to people fired for blatant ...
Many employers offer severance to soften the blow of terminations and to buy a little insurance against lawsuits. But for those agreements to be enforceable, it's important that you define the ...
If you haven't already, establish a policy that says HR and/or other senior executives must review supervisors' termination proposals. The goal: Prevent supervisors from making legally dangerous firings out of anger, ...
Issue: How to play a key role in shaping changes in your organization. Benefit: You can better anticipate future HR needs and position yourself as a "thinker" not just a ...
Run supervisors through some basic training on strict military-leave law. Why? More than 168,000 National Guard and reservists are currently on active duty and Congress is considering changes that would ...
Issue: Must unused vacation time always be paid when employees leave? Risk: An unclear vacation policy could allow terminated employees to sue your organization and collect additional pay. Action: ...
If your organization's execs grumble about not wanting to pay a promised severance package, point them to this case: A company president refused to fully honor Donald Chisholm's severance package as ...
A company president refused to fully honor employee Donald Chisholm's severance agreement, even though it was clearly spelled out in Chisholm's employment contract. So Chisholm sued for breach of contract and ...
Issue: It's up to pregnant employees to decide if pregnancy or maternity will prevent them from performing their jobs. Risk: Liability for up to hundreds of thousands of dollars in ...
Issue: Employment practice liability insurance (EPLI) covers you from employee lawsuit judgments. Benefit/risk: The jump in employee lawsuits is making EPLI a nearly must-have; so premiums are rising ...
THE LAW. While law doesn't directly regulate employee handbooks, they are extremely important legal tools. A handbook documents your policies, builds trust ...
In light of Sept. 11, the Social Security Administration (SSA) has increased its efforts to find workers whose names don't match their Social Security numbers. And their effort could require action ...
As Mary Flaherty saw it, her bosses at Metromail were running an organized campaign to make her so miserable that she'd quit. Flaherty, 61, says supervisors subjected her to sexist and ...
In removing Paul DeBrow as president of Century 21, the executive vice president allegedly said, "You're too old for this shit." Michigan's Supreme Court says that's enough direct evidence of possible ...
Related telecommunications companies decided to slash middle management. How they did it landed them in court fighting several claims, including age discrimination. Indiana Bell and Ameritech created complex ranking systems ...
When making an employment decision (such as firing, hiring, demotion), it's important for your words and actions to be consistent with your true reasons. It's equally vital ...
