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Showing 60 posts in Human Resource Department.
Complete Your Non-Compete: Helpful Drafting Tips, cont.
Earlier this week, I discussed the importance of tailoring non-compete agreements to ensure enforceability and provided some factors to consider when drafting. Below are four more factors that should help you create a strong non-compete agreement. More >
Recognizing Liability for Employee Recognition Programs
Employers frequently utilize recognition programs as a way of rewarding employees for a job well done and boosting office morale. “Employee of the Month” programs (“EMP”), however, can sometimes have the opposite effect and can actually become liability traps for employers if not run fairly. 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 >
When a Doctor’s Note Doesn’t Cut It: Medical Exams after Leaves of Absence
Sometimes an employee may need to take a leave of absence from their job; the necessity may be for a variety of reasons, including a need to address physical or mental health concerns. When the employee wishes to return to work, how does an employer know if he is really ready and able to again meet the demands of the job? 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 >
Twitter: Little Statements with Big Consequences for Companies, cont.
Earlier this week, I gave some advice on how to protect your business’s Twitter account. The hijacking of a Twitter account can have an incredibly negative impact on your business. If you missed it, review the advice I offered in my earlier post and consider these additional steps. More >
Another Facebook Case, Another Lesson Learned
There is no shortage of recent court rulings dealing with implications and consequences of social media. One of the latest comes from a New Jersey federal court and its holding should get employers’ attention. In Gatto v. United Airlines and Allied Aviation Servs., et al., No 10-CV-1090 (D.N.J., March 25, 2013), the plaintiff, Frank Gatto, was employed as a ground operations supervisor at John F. Kennedy Airport. He brought suit against United Airlines claiming that, while he was unloading baggage, a United Airlines aircraft caused a set of fueler stairs (owned by Allied Aviation) to crash into him. Gatto claimed that the resulting injuries rendered him permanently disabled. More >
“Why Does She Get To Do That?” Handling Questions about Employee ADA Accommodations
The Americans with Disabilities Act (“ADA”) requires any employer with fifteen or more employees to provide reasonable accommodations to individuals with disabilities, as long as doing so does not result in “undue hardship” to the employer. A reasonable accommodation can be any change in the work place that helps a person with a disability to enjoy equal employment opportunities. The ADA has very strict guidelines about when and how an employer may inquire about an employee’s disability. What happens, though, when a non-ADA employee asks you, the employer, why another employee is receiving perceived preferential treatment? More >
For the Record—What Document Retention Policy Does Your Business Have in Place?
Business owners know that paperwork can be a lot of work. There are personnel files, insurance and benefit records, investigative files, government forms, payroll— and the list seemingly never ends. As a result, it is imperative that employers have a record retention policy in place before a mountain of paperwork overruns the office. All employers, and especially their Human Resources departments, should know not only where to store documents, but also how long to keep them and who is in charge of necessary cataloging. More >
New Administrator’s Interpretation Could Expand FMLA Coverage
Under the Family Medical Leave Act (“FMLA”), eligible employees are provided up to twelve weeks of unpaid, job-protected leave per year. Eligible employees can take FMLA leave for, among other things, the birth and care of a newborn child. Although the FMLA broadly defines a “son or daughter” under this provision to include a “biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis”, it does not expressly confirm whether employees may take leave to care for a son or daughter over the age of eighteen. More >
