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TERMINATION

7 strategies for firing without backfiring

By Lynne Curry The final revenge of the difficult, fired employee. You’ve hesitated to fire him, you’ve given him chance after chance, but he’s not getting better. In fact, he’s getting worse, and so is the situation. You owe it to your other employees, who consider this employee toxic or carry his shirked workload burden, to bless this employee out the door. Unfortunately, you then make a critical mistake that results in a painful payout to this employee. If you want to fire without backfiring, you need to pay attention to: The doctrine of good faith and fair dealing; The guardrails of just cause, and Ask yourself 22 questions. If you’d like to fire an employee without backfire, you need to consider good faith and just cause, then ask yourself 22 questions. Good faith… . . . read more

HIRING & FIRING

The dreaded “you’re fired” interview

By Lynne Curry You dread what you’re about to do. Even though your employee deserves to be fired, you hate firing anyone. You also fear the damage a fired employee can create with false wrongful termination allegations. If you’d to fire without backfiring and in a way that leaves the fired employee with dignity, here’s what you need to know. Do your job right Have you done your job? Have you clearly let your employee know your expectations; and given your employee the resources, training and support needed to do their job, along with corrective feedback, and chances to improve? If you’re not sure you have, check out the suggestions in “Pressing Reset” (chapter 7 of Managing for Accountability, https://bit.ly/3T3vww8/. If you’ve done your job, you’ve minimized the risk of a wrongful termination lawsuit and can… . . . read more

TOOL

Love contracts: Help for hot messes

They arrive at work separately. They never touch each other in your presence. Then, as you chair a meeting, you see his gray eyes seek hers out across the conference table. She returns his gaze; her eyes linger. Suddenly you know. The senior manager, despite all the sexual harassment seminars he’s attended, appears romantically intertwined with an accounting clerk. If you’re in charge, how do you handle this hot mess?  The reality Some managers and supervisors would never have an affair with an employee they oversee or an employee in their company. Others consider the workplace a dating pond in which they fish. Still others fall into a relationship that makes them disregard risks. According to a recent survey by the Society for Human Resource Management, one in three U.S…. . . . read more

EMPLOYMENT LAW UPDATE

Civility & conduct rules, marijuana, and website access & ADA on the HR radar

By Mike O’Brien Get ready to take a new look at your employee handbook. The National Labor Relations Board (NLRB) is widely expected to issue a decision soon that will mean increased scrutiny of common types of workplace rules, including civility and conduct rules. In a case pending before the Board, its General Counsel submitted a brief last month urging a return to an Obama-era standard for assessing the lawfulness of employer rules. A quick primer may be helpful. The NLRB is the federal agency charged with enforcing the National Labor Relations Act (NLRA). Section 7 of the Act gives employees the right to discuss pay and other terms and conditions of employment, and to engage in concerted activity to improve them. A common misunderstanding is a notion that the… . . . read more

HIRING

Reference checking: I thought they weren’t allowed to say that

What’s your understanding of the reference checking process? If you’re like most managers and job seekers, you probably think former employers are only allowed to confirm previous employment dates and title. Certainly they cannot, and will not, offer negative commentary about workers as it would be a violation of corporate policy—and perhaps it is illegal as well. If this is your assumption, you would do well to think again. While it’s true that many companies have reference policies in place that prohibit them from giving out anything but limited, prescribed information, many do not, says Allison & Taylor Reference Checking, a firm that has been checking references for corporations and individuals since 1984. Additionally, even companies with reference policies in place cannot ensure that their employees will necessarily abide by… . . . read more

HARASSMENT

Russian-American workplace discrimination: It’s a thing now

By Lynne Curry Question: Like many other employees that need highly skilled employees and want to diversify their labor pool, ours has hired several Russian emigrants. Other than coworkers complaining that these employees’ accents make understanding them difficult, we had no problems—until Russia invaded Ukraine. At first, nothing occurred that created worry. Many of our employees knew little about Ukraine and so peppered the emigrants with questions. But as the horror of what was happening in Ukraine continued, our employees grew angrier. Several employees asked their Russian-born coworkers how they could possibly “defend” what was going on. Things got worse when one of the emigrants defended Putin, calling him a strong leader. How much trouble do we get into if we fire this one employee? While she’s technically skilled, she’s… . . . read more

DRUGS & ALCOHOL

High at work: Anyone else smell that?

By Paul Edwards More often than you would think, we get calls from managers wondering what they can do about someone whom they think is impaired at work. When that happens, we immediately go into crisis control mode because, well, impairment at work is never acceptable. In this article, we are going to discuss impairment and odors from the perspective of marijuana legalization. From job candidates showing up to interviews smelling like a skunk to employees showing up to their shift distracted with bloodshot eyes, knowing how to handle an employee’s potential marijuana use has only gotten more complicated. Currently, marijuana legalization is in limbo between state versus federal government. While many states have moved to legalize or decriminalize its use, marijuana is still an illegal Schedule I drug under… . . . read more

EMPLOYMENT LAW UPDATE

Florida’s new “Stop Woke” law impacts workplace training

By Mike O’Brien “Stop Woke” Act passes Florida Senate New legislation in Florida (HB 7) prohibits any teaching that could make students feel they bear “personal responsibility” for historic wrongs because of their race, color, sex, or national origin. But the legislation’s reach doesn’t end in schools. In the workplace, employment practices or training programs that cause an individual to feel similarly guilty could be considered an unlawful employment practice, giving rise to legal liability. The Florida Senate voted 24-15 along party lines to approve a measure labeled “Individual Freedom,” and was seen to be in response to Governor DeSantis’ demand for a “Stop WOKE” Act. You can see more here. New guidance from the DOL on FLSA, FMLA, and Visa programs On March 10 the U.S. Department of Labor (DOL)… . . . read more

EMPLOYMENT LAW UPDATE

Harassment continues in era of remote work

By Mike O’Brien  In the early days of the pandemic, there was speculation that workplace harassment would decrease when so many workers shifted to remote work. Some recent surveys indicate that hasn’t been the case, and that incidents of harassment have been increasing. Possible reasons for this spike include the stress of the pandemic, the fact that remote workers may lack the kind of personal connections with colleagues that might otherwise hinder poor behavior and a more casual approach to conversations due to working in a more relaxed environment. Zoom meetings have also provided a whole new forum for trouble, with employees behaving badly (sometimes while thinking they are off-camera). The quick and unexpected shift to remote workforces may also have left many employers unprepared for the challenge. To combat… . . . read more

TRAINING

Target top 5 compliance and HR topics this year

By Doug Striker It has been incredibly challenging to keep up with changes in compliance laws for law firms and corporate legal departments over the past couple of years. COVID-19, social justice movements, consumer legislation, and employee expectations and attitudes have all contributed to a fraught compliance landscape. Consider these compliance priorities—identified by training companies Savvy and Traliant—for 2022. 1 Attracting & retaining talent The impact of “The Great Resignation of 2021” is being felt by many organizations, and the labor shortage will remain a business disruptor in 2022. As a result, CEOs say that attracting and recruiting talent is their biggest challenge (57%), followed by retaining talent (51%), according to a joint study by Fortune and Deloitte. HR departments will be under pressure to lure multi-generational candidates who have… . . . read more


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