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Showing 26 posts in Hiring and Firing.
Dealing with the DOL at Your Door, Part I
The United States Department of Labor (“DOL”) conducts workplace inspections for potential violations of wage and hour laws. Employers often place frantic telephone calls to their lawyer when an investigator from the Wage and Hour Division (“WHD”) knocks on their door for good reason: a DOL investigation should be taken seriously. Any last-minute attempt to pass muster typically falls short, and leaves an employer in violation of wage and hour laws which may subject them to hefty fines. A violation can result in wage restitution, interest, and liquidated damages. Preparedness is key, and an employer’s institution of the following five guidelines can drastically improve their position should the DOL initiate an investigation. More >
An Employer’s Duty Re: Jury Duty
Serving on a jury is one of the most important civic duties that a citizen can fulfill. For employers, however, having employees miss days or weeks at a time to sit on a jury can a mean a lag in productivity. If an essential employee is summoned for service it may be tempting for the employer to persuade him or her to find a way out of participating. As an attorney, I have often heard jurors attempt to skirt their duty by saying, “You Honor, I cannot miss work.” More >
Severance Packages and Unemployment Benefits
As an employer, one of the most difficult parts of the job can be letting an employee go or eliminating their position. When the departure is an amicable one, many employers choose to provide a severance package. In some cases, an employment contract or union agreement may require severance pay no matter how the relationship ends. More >
A Checklist for Reference Checks
Thorough research during an employer’s hiring phase can prevent undesirable employees from becoming part of a workforce. There is no better way to get an accurate assessment of job applicants than by speaking with people who have actually worked with them. Before picking up the phone, however, potential employers should keep a few things in mind: More >
Contemplate Before You Terminate: Rules of Termination
Donald Trump makes it look easy. With a simple statement (“You’re fired!”), the employee gets up and exits the boardroom. And like that, the underachiever is nixed from the show, ushered into a limo, and never seen again (at least, until the “All-Star” season). If only the real world was that easy. The decision to terminate an employee can give any employer anxiety, even if it is undoubtedly for the betterment of the business. This sense of dread is not without warrant; termination can be a legal landmine. Even terminating “at-will” employees requires cautious consideration. You can cover your bases, though, by carefully drafting policies, adhering to procedures, and relying on some common sense. Before any action is taken, review these simple rules that can protect you from a lawsuit. More >
Innocent Until Proven Guilty, But Employed, Too? How to Handle Employee Arrests
Employers routinely encounter employee situations that leave them in a bind: illness, pregnancy, or the rogue employee who walks out without notice. There is also another situation that can leave employers scratching their head and calling the HR department: what do you do when an employee is arrested? More >
The Particulars of a Job: Description vs. Requirements
In most cases the quality of the workforce determines the success of any business. As we discussed on Wednesday (10/24/12), there are five essential elements of a job description but there is a compelling need to focus specifically on requirements. A job description defines the duties, tasks and responsibilities of a position, creating a framework for hiring the right candidate. The description is used in marketing and promotion to attract new talent to the company. The requirements set the stage for digging deep into the details of the position and reflect the culture of the company. They have emerged as the strategic details that can set the candidates apart and make it easier for HR managers to look for an employee to specifically match the employee’s long-term goals. More >
Five Essential Elements of a Good Description
Most companies of any significant size have, and should have, written job descriptions for each of its employment positions. The process of crafting these descriptions should start before the hiring process begins to fill positions, for good job descriptions are essential to identifying the various employee attributes needed by an employer. However, job descriptions historically are also one of the most widely used pieces of evidence in employment claims by plaintiffs. For this reason job descriptions need to be well written and carefully crafted to mitigate the risk of creating a document that can be used against an employer later in court. More >
EMPLOYEE TERMINATIONS: A PRACTICAL CHECKLIST
Terminating an employee is rarely, if ever, a comfortable process. Personal feelings - not to mention the concerns relative to potential legal ramifications of a termination - often cause employers to retain an employee who should otherwise be terminated. The following guidelines include several of the most important practical tips to assist employers in the termination process and to help ensure that the employer is protected. More >
How to be Prepared: When an Employee’s Misconduct Leads to Termination
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 >
