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McBrayer Blogs

Showing 26 posts in Hiring and Firing.

How to Handle Difficult Employees: Documenting Misconduct

Posted In Employee Misconduct, Employment Law, Hiring and Firing

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?

Posted In Employee Contracts, 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 >

GUIDELINES FOR HIRING MINORS

Hiring employees for temporary summer employment can be stressful for a small business that is short on time and swamped with the seasonal demands the summer can bring.  Summer employees need to be trained quickly so that they can hit the ground running and start contributing to your success in as little time as possible.  One advantage to seasonal hiring during the summer is that there is an abundant source of young workers who are off from school and able to fill many different positions.  Their demand for wages is often lower because they are not supporting families of their own yet and their availability is very flexible because they are not in school.  It is important that your business follow all legal requirements related to the hiring of young people in order to ensure that the company remains in compliance and is not subjected to penalties or fines. More >

Unpaid Interns – Too Good to be True?

With summer fast-approaching, many employers are now deciding whether to hire summer interns. Undoubtedly, the benefits of an internship extend to both the employer and the intern. The company receives the intern’s services, while the intern enjoys exposure to and experience within his or her chosen field. If your company is considering hiring an intern, however, it is imperative that you seriously evaluate the internship program and policies to ensure that your company is not violating federal law. More >

School’s Out for the Summer!: Important Employment Law Considerations when Hiring Interns and Graduates

Spring is here, and along with the change in season comes a flurry of graduation announcements, parties, and for employers, a flurry of applications and resumes from recent high school and college graduates.  Recent graduates and interns provide a wealth of talent for many employers, and often become a core part of their operations and strategy.  However, there are a few employment law considerations that must be understood by a company’s HR representative, and really, everyone involved in the hiring process, when advertising, hiring and determining wages for your Spring hires. More >

Plan Ahead – The Lesson of Fighting Unemployment Benefit Claims

Few things are more frustrating for an employer than terminating an employee for cause due to violation of company policy, be it for failing a drug test or some form of misconduct, and then that employee being awarded unemployment benefits. We here at McBrayer PLLC find this result to be all too common, and then it is typically an uphill battle to overturn the award.  In many instances, the problem lies not in the award itself, but in the lack of foresight and preparation which preceded the termination of the employee.  If the first time the issue of unemployment benefits is addressed is post-termination, then the key moment to address the issue has likely been lost.  More >

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