There’s danger in every aspect of firing, from WARN Act layoffs and exit interviews to constructive discharge and more.
Learn how to fire an employee and sidestep wrongful termination lawsuits, with battle-tested firing procedures, and employment termination letters. At last, you can fire at will!
After two years of cutbacks, 2011 will be a year of rebuilding company-sponsored 401(k) plans—for both employers and employees. But the result could be more flexible, more customized retirement savings plans. Here is a roundup of recent research regarding your employees and their retirement savings plans.
It would be nice if all employees came to work on time, performed efficiently and pleasantly, and were thankful for their paycheck. But employers know that employees sometimes fall far short of your hopes. Here are the steps to work through as you decide how to proceed:
Employers are increasingly using web-based social media—such as Facebook, LinkedIn and Twitter—to screen potential employees, in addition to the usual applications, interviews, references, and background, credit and drug tests. But they don’t always recognize the potential pitfalls and risks.
If you think your employees can be an odd bunch, rest assured they’re probably not the weirdest of the weird. The working world is a strange and wondrous place, thanks to the colorful characters that inhabit it. Here are three good examples.
Retail managers often spend most of their time doing the same work that hourly employees do, such as running cash registers. Even so, they may qualify as exempt employees under the Fair Labor Standards Act. Why? It’s the quality of the management work they do that counts, not the number of hours they spend doing it.
Do you suspect a rogue supervisor is driving away employees belonging to a protected class? If so, begin asking tougher questions during your exit interviews. For example, if several black employees have quit or requested transfers, find out why. The problem may be a biased supervisor who is pushing away good employees—and setting up the company for a lawsuit.
Here’s a bit of good news for employers that must terminate some of their employees because the IRS says their Social Security numbers are invalid. If they stage an unfair protest against their firings, you can sue them to stop.
Quid pro quo harassment cases, in which a supervisor makes a pass at a subordinate and then punishes her if she rejects the advance, are hard for employers to defend. Your best bet is prevention. Institute a review process for all adverse employment actions such as demotions or terminations. Require a second signature before any firing becomes final.
Be prepared to be creative when business necessity forces changes that will eliminate a position held by an older employee. When that’s the case, consider offering the older employee alternative positions. If she declines to take comparable jobs, document it. That refusal will make it next to impossible for her to win an age discrimination lawsuit.
Beth Rist’s story with the city of Ironton goes back years. She was the Ironton Police Department’s first female officer when she was hired in 1996. In 2001, she sued the department, alleging sexual harassment. She won that lawsuit. But Rist’s string of success appeared to stop at that point ...