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Home » topics » Hiring and firing
EMPLOYMENT LAW UPDATE

Non-compete agreements and deceiving your employer

May 22, 2023 by

By Lynne Curry Question: I was so stoked when the premier firm in my area of professional services hired me that I did something I’ve wanted to do for a long time. I told my former manager what I thought of her. She ordered me to leave her company immediately. No problem, I had a new job to go to. I also had my entire future mapped out. I’d work for my new employer for a year, learn everything I could, and then start my business. I told all my friends my new job was the ideal stepping stone. On my first day when I went through orientation, my new manager handed me an employment agreement that included a noncompete agreement. It was a complete shock. I’d never seen one… . . . read more.

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MANAGING STAFF

Don’t delay if you have to deliver bad news

May 17, 2023 by

By Lynne Curry “It’s not the difficult conversations that bite you the hardest,” I told the manager. “It’s the ones you put off until too late.” I listened to the manager’s reasons and told him, “Here are the risks you take. You dread telling ‘Robert’ what and how he needs to improve because he lashes out at you and remains sullen for days after you’ve counseled him. You finally draft a written reprimand, but before you deliver it, Robert voices a safety concern in front of others. Now your reprimand seems seem retaliatory—and Robert’s an employee who feels justified in reporting his grievance to a regulatory agency.” “You’ve told me ‘Caitlin’ spends more time talking with coworkers than working. She makes lots of errors. You keep hoping she’ll improve, but… . . . read more.

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TERMINATION

Model Policy: Progressive Discipline and Employee Termination

March 13, 2023 by

Why you need this policy:

There’s no point in having any policies, procedures, and standards unless you’re prepared to discipline employees who disobey them. The problem is that discipline is not only unpleasant but likely to result in some form of legal grievance, especially if the employee belongs to a union. That means you’ll end up having to defend your action before an arbitrator or court.

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COMPLIANCE

What does FMLA require of a medical office employer?

January 27, 2023 by

The Family and Medical Leave Act (FMLA) is one of the employment laws that protect your staff. It is a federal law that requires certain employers to provide their employees with up to 12 weeks of unpaid, job-protected leave per year for certain qualified medical and family reasons. For a medical office employer, the FMLA requires that they provide eligible employees with job-protected leave for the following reasons: The birth of a child or the placement of a child for adoption or foster care The care of an immediate family member (spouse, child, or parent) with a serious health condition The employee’s own serious health condition that makes them unable to perform the essential functions of their job Any qualifying exigency arising out of the fact that the employee’s spouse,… . . . read more.

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TERMINATION

7 strategies for firing without backfiring

October 20, 2022 by

By Lynne Curry The final revenge of the difficult, fired employee. You’ve hesitated to fire him, you’ve given him chance after chance, but he’s not getting better. In fact, he’s getting worse, and so is the situation. You owe it to your other employees, who consider this employee toxic or carry his shirked workload burden, to bless this employee out the door. Unfortunately, you then make a critical mistake that results in a painful payout to this employee. If you want to fire without backfiring, you need to pay attention to: The doctrine of good faith and fair dealing; The guardrails of just cause, and Ask yourself 22 questions. If you’d like to fire an employee without backfire, you need to consider good faith and just cause, then ask yourself… . . . read more.

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HIRING & FIRING

The dreaded “you’re fired” interview

October 18, 2022 by

By Lynne Curry You dread what you’re about to do. Even though your employee deserves to be fired, you hate firing anyone. You also fear the damage a fired employee can create with false wrongful termination allegations. If you’d to fire without backfiring and in a way that leaves the fired employee with dignity, here’s what you need to know. Do your job right Have you done your job? Have you clearly let your employee know your expectations; and given your employee the resources, training and support needed to do their job, along with corrective feedback, and chances to improve? If you’re not sure you have, check out the suggestions in “Pressing Reset” (chapter 7 of Managing for Accountability, https://bit.ly/3T3vww8/. If you’ve done your job, you’ve minimized the risk of… . . . read more.

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HIRING & FIRING

Employees who ask to be fired: A new trend to obtain a strategic advantage

September 29, 2022 by

By Lynne Curry At first, you think you’re imagining things. Your employee, “Kevin,” seems to want you to fire him. It started with Kevin not showing up for two critical team meetings in a row. When you sent him a text asking, “what happened” after the first, he responded, “It wasn’t on my radar.” You sent him an individual meeting request to ask him about this, but he was a “no show.” You planned to ask him to stay after the second team meeting, but he didn’t show up. In the meantime, your hear a complaint from another staffer: “He treats me with total disrespect. Maybe it’s that I’m a woman, or Hispanic, but I don’t plan to take it anymore.” This cascade of problems tells you need to act… . . . read more.

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MANAGING STAFF

Quiet firing meets quiet quitting

September 12, 2022 by

By Lynne Curry Quiet quitting, the employee behavior pattern that swept through the nation this summer after a viral TikTok video in July, has met its match—quiet firing. Employers, disgusted by employees that consider it justified to do the bare minimum at work, are blessing these employees out the door. Managers take action In September 2022, 91% of 1,000 managers surveyed reported taking action against quiet quitters or firing them (1 in 3 managers have responded to ‘quiet quitting’ with ‘quiet firing’ – ResumeBuilder.com). One in three of the surveyed managers reported firing quiet quitters; 75% of the 1000 managers described firing quiet quitters as justifiable. Managers that didn’t outright fire quiet quitters took other actions. 27% of them denied raises to quiet quitters; 23% denied promotions to quiet quitters…. . . . read more.

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MANAGING STAFF

Quiet quitting: The new ‘just say no’ employee pushback

August 20, 2022 by

By Lynne Curry Gone are the days when employers could count on employees competing to go “above and beyond” to rise faster in their organizations. Employers now face “quiet quitting,” a trend that emerged in July 2022 from a viral TikTok video to become a phenomenon noted on Wikipedia and discussed in Forbes and the Wall Street Journal. Quiet quitting is more than employees setting boundaries or intentionally putting a hard stop to their work day or work week so they can create a work/life balance. Checked-out quiet quitters simply slack their way through their workweek by doing the bare minimum needed to keep their jobs, overloading their coworkers, frustrating their supervisors, and draining productivity from their employers. According ResumeBuilder.com’s August 2022 survey of 1000 U.S. employees, 21% of surveyed… . . . read more.

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HARASSMENT

Russian-American workplace discrimination: It’s a thing now

March 19, 2022 by

By Lynne Curry Question: Like many other employees that need highly skilled employees and want to diversify their labor pool, ours has hired several Russian emigrants. Other than coworkers complaining that these employees’ accents make understanding them difficult, we had no problems—until Russia invaded Ukraine. At first, nothing occurred that created worry. Many of our employees knew little about Ukraine and so peppered the emigrants with questions. But as the horror of what was happening in Ukraine continued, our employees grew angrier. Several employees asked their Russian-born coworkers how they could possibly “defend” what was going on. Things got worse when one of the emigrants defended Putin, calling him a strong leader. How much trouble do we get into if we fire this one employee? While she’s technically skilled, she’s… . . . read more.

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