Managers make a lot of clumsy mistakes with firings. And it’s usually because they don’t know what to say. Sometimes they want to make the firing easier on…
Employers need to realize some employees would rather quit than return to the office
6:39 pm by
By Lynne Curry “Doing time, that’s what going into the office to work feels to me.” “Like…jail?” “Like I’m selling my freedom for a paycheck. The bars close behind me every morning.” “Jim’s” employer didn’t want him to resign. “Could you interview him and find out if there’s anything we can do to keep him?” It took less than three minutes to learn—his employer’s return to the office mandate had forced him out. Jim’s daily commute takes an hour a day. Before the pandemic, Jim had made the best of it—played music, listened to audiobooks and podcasts. Because he enjoyed his work, liked his immediate manager and coworkers, he didn’t voice his concerns when his employer asked him to come into the office two days a week. He simply scheduled… . . . read more.
PRODUCTIVITY
Hybrid work creates a workday dead zone
9:55 am by
By Lynne Curry Employees have changed how they’re working—as wise employers race to catch up. Here’s what’s new: Workday dead zone Managers and employees once viewed 4 p.m. as an ideal staff meeting time. Managers could catch everyone in the office before the workday ended yet after peak productivity hours ended. Employees knew the meeting wouldn’t drag on past five p.m.—and that their managers might grant them a guilt-free exit if the meeting ended early. Now, managers—particularly those supervising hybrid employees—find it difficult to locate employees after 4 p.m. They’re already gone—to collect kids from school, or because their brain is “done” and they want to take off, or to lessen commuting time by heading home before those working the traditional 8 to 5 schedule hit the roads. Triple peak… . . . read more.
EMPLOYMENT LAW UPDATE
Non-compete agreements and deceiving your employer
10:48 am 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.
MANAGING STAFF
Don’t delay if you have to deliver bad news
10:43 am 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.
TERMINATION
Model Policy: Progressive Discipline and Employee Termination
8:01 am by
Why you need this policy:
COMPLIANCE
What does FMLA require of a medical office employer?
1:24 pm 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.
COMPLIANCE
What to do when an employee uses FMLA to cover drinking
12:01 pm by
By Lynne Curry Question: We suspect one of our employees of using intermittent FMLA leave to cover her abuse of alcohol. We see a clear pattern. She takes leave two to three Mondays a month. Prior to her requesting FMLA leave, she claimed occasional sick days on Mondays. Other employees have noticed her leaving early on Fridays as well. With this fact pattern and given the rumors now circulating, may we start asking her to bring doctor’s notes each week to justify her need for Monday leave? Answer: While a Monday absence pattern may indicate alcoholism, you can wind up in legal hot water if you ask for weekly doctor’s notes from an employee using intermittent Family Medical Leave. In a landmark case, Oak Harbor Freight Lines v. Antti, the… . . . read more.
TERMINATION
7 strategies for firing without backfiring
4:15 pm 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.
HIRING & FIRING
The dreaded “you’re fired” interview
5:54 pm 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.
