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Retaliation

Retaliation? Not if you can prove you would have fired anyone else

Employees who threaten to file EEOC discrimination or harassment complaints ordinarily would have a retaliation claim if they were fired for doing so. Close timing between complaint and termination can certainly look suspicious. But don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint. If your documentation is thorough […]

desk into an ad

Turn Your Desk Into An Ad For Yourself

Leaders, you have a precious tract of real estate right before you every day. Put it to work by adding components that people identify with success and credibility—and deleting some others. 1. THE BEST TECH THAT MONEY CAN BUY: We live in a digital world, and displaying a computer capable of dealing with anything that’s […]

At-Will Employment

Contracts Should Spell Out At-Will Employment

It’s unusual, but sometimes a written offer of employment for a specific time period can overcome the usual presumption of at-will employment. Note, however, that other documents may stipulate that employment is at-will—and they will stand up in court. Recent case: When Jane was recruited to join a medical practice, the parties discussed how employees […]

Bankruptcy

Can We Terminate An Employee Who Recently Filed For Bankruptcy?

Question: Our organization recently discovered that an employee who handles our company money has filed for bankruptcy. My concern is that if he was unable to handle his own finances, he may be untrustworthy with company finances. Can I discharge this employee? Answer: Under federal law, the fact that an individual has filed for bankruptcy is […]

Harassment

Harassment Investigations

Allegations of any type of harassment need to be taken seriously. They are also one of the hardest things to investigate and settle. The best course of action is to ask questions of everyone involved. Complainant – start for asking for details, who, what , when, where, how. Follow that with additional questions of their […]

FMLA

Beware of Close Timing Between FMLA and Firing

Use caution when terminating someone who is on FMLA leave or has just returned to work following FMLA leave. The timing alone might trigger a lawsuit. If you have a solid business reason for terminating the employee, you will probably win in the end, but that victory may still cost you thousands of dollars in legal fees and lost […]

mess

Conquer the Mess!

If you are like most of us, your resolution to keep clutter under control has failed. Get back on track with these helpful hints: The Dump – when you don’t have a spot for every item that you need for work, you end up creating multiple piles everywhere. It’s time to close the dump. Set […]

timekeeping tips

Timekeeping Tips

Are you using an automated system for tracking time? Some might think because it is automated the employee doesn’t have to review and sign the reported hours. Employees should always review the reported time, regardless of an automated or handwritten reported times. Skipping this important step opens your company up to a claim of being […]

paid sick leave

Contractors Must Provide Paid Sick Leave On Contracts Starting Jan. 1

Government contractors must provide up to 56 hours of paid sick leave per year to employees working on federal contracts according to a final rule announced Sept. 29, 2016. The DOL estimates 1.15 million employees will receive paid leave as a result. President Obama touted the rule during his weekly radio address on Oct. 1st […]

Non-Exempt

Can a Manager Be Non-Exempt?

Question: We have a manager whose hours have been reduced to 20 per week. As a result, he does not meet the minimum salary requirement to maintain his exempt status. Does he need to be reclassified as an hourly non-exempt employee? If so, would the manager’s title need to change? Answer: You are correct that […]