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Showing 27 posts in Employee Personnel Files.

Smartphones - 24/7 Access: When are employees off the clock?

August 31, 2012
Posted In Employee Performance Reviews, Employee Personnel Files, Employment Law, Fair Labor Standards Act (FLSA), Human Resource Department, Wage and Hour, Workplace Discrimination, Harassment and Retaliation

With instant access to all things via smartphones and the internet, it has become increasingly easy for employees and employers to stay connected to work all the time. Smartphone access and being constantly connected is part of our professional make-up, and necessary to keep pace with the speed of the information highway. Right? Connectivity is firmly woven into everyday business practices but at what price? More >

Passwords, Privacy and Protection – The Social Networking Online Protection Act

August 17, 2012
Posted In Employee Personnel Files, Employment Discrimination Laws, Employment Law, Hiring and Firing, Human Resource Department, Internet & Media Law, Social Media, Social Media Policies, Social Networking Online Protection Act (SNOP), Workplace Discrimination, Harassment and Retaliation

The Social Networking Online Protection Act (SNOPA) prohibits employers from requesting or requiring a potential candidate or employee to provide passwords for personal email, private accounts or social networking sites, while protecting said candidates and employees from repercussions of refusal to provide passwords.  Introduced in April 2012 by Representative Eliot Engel (D-NY) and Representative Jan Schakowsky (D-IL), after the pressure was turned up on the intersection of privacy and technology by an Associated Press report of a 2011 incident where an employer required access to an applicant’s Facebook account, the SNOPA attempts to draw a line in the sand on social media access. More >

The NLRB’s View On Acceptable Social Media Policies

August 8, 2012
Posted In Employee Personnel Files, Employment Law, Human Resource Department, Internet & Media Law, National Labor Relations Act, National Labor Relations Board (NLRB), Social Media, Social Media Policies

The rise of social media, and the desire of employers to both control and police it as to their employees, has served to expose, to many for the first time, that the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151, et. seq. applies not just to unionized work places but to virtually all private employers of any significant size engaged in interstate commerce.  Section 7 of the NLRA protects employees’ rights to engage in what is commonly referred to as “concerted protected activity” for their mutual aid and protection in both unionized and un-unionized work places.  Pre-social media this activity was typically not that difficult to spot because it commonly manifested itself as two or more employees talking face-to-face about working hours, pay, work conditions, etc. If an employee was acting alone, and thus, not part of concerted activity, it was typically easy to spot as well.  However, with the rise of Facebook, Twitter, YouTube and other social media outlets, what is and is not protected activity has become less clear due to the lack of clear employee interaction, and the question of what is in fact protected activity is an increasingly important question as employers struggle with what to do about employee electronic posts or communications which they do not agree with and feel merit adverse employment action.  This is especially true where these communications concern what is felt to be confidential or proprietary information. More >

How to be Prepared: When an Employee’s Misconduct Leads to Termination

August 3, 2012
Posted In Employee Contracts, Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

Terminating an employee can be one of the most difficult tasks for a business owner or human resource manager. It is however the responsibility of both positions and a necessary part of doing business. Termination is difficult under most circumstances because of the personal information an employer may know about an employee. After an employee becomes part of the workforce supervisors often discover personal information, such as an employee’s financial hardships or family difficulties, which makes difficult decisions uncomfortable. More >

How to Handle Difficult Employees: Documenting Misconduct

August 1, 2012
Posted In Employee Misconduct, Employee Performance Reviews, Employee Personnel Files, Employment Law, Hiring and Firing, Human Resource Department

In a perfect world, all employees would report to work on time and in a regular manner, perform their responsibilities with competence and be a productive team player. In reciprocation, each employer has an obligation to pay the employee an agreed up on amount for the work performed, treat every employee fairly and provide a safe work environment. Of course, we do not live in a perfect world and inevitably every employer will be faced with employee misconduct. The challenge is handling misconduct appropriately, to avoid financial and legal repercussions in the form of unemployment claims, discrimination or wrongful termination suits. More >

Vacation Pay at Termination: What’s your Policy?

July 25, 2012
Posted In Employee Contracts, Employee Personnel Files, Employment Law, Hiring and Firing, Wage and Hour

For many employers, the summer season brings with it an increase in employee vacations. With that in mind, now may be a good time to re-visit vacation pay policies as they pertain to employee separation. In particular, how does your company handle accrued, but unused, vacation pay at the time of separation? More >

Use of Performance Reviews in Defense of Discrimination Claims

March 26, 2012
Posted In Employee Performance Reviews, Employee Personnel Files, Employment Law, Workplace Discrimination, Harassment and Retaliation

Two recent decisions from the Sixth Circuit Court of Appeals highlight the importance of record-keeping in defending discrimination claims.  In each of these two cases, the plaintiffs raised claims of age discrimination, but were unsuccessful in their claims largely due to the fact that their performance reviews and other documents in their personnel files supported the employers’ legitimate reasons for the employment decisions. More >

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